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British Indian Ocean Territory

British Overseas Territory in the Indian Ocean

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Mauritius claims that the British government separated the Chagos Archipelago from Mauritius, creating a new colony, the British Indian Ocean Territory (BIOT). There are ongoing negotiations on this dispute.

Since 1971, only personnel of the British and United States military and associated contractors have been legally allowed to live on the Chagos Islands. The forced removal of Chagossians from the Chagos Archipelago occurred between 1968 and 1973. The Chagossians, then numbering about 2,000 people, were expelled by the British government to Mauritius and Seychelles, even from the outlying islands far away from the military base on Diego Garcia. Despite calls from numerous human rights organisations, the British government has repeatedly denied Chagossians the right of return. In 2026, six Chagossians returned to Île du Coin in an attempt to reestablish a permanent settlement, without seeking government permission; their effort is being challenged in court. In March 2026, the BIOT Supreme Court ruled that the Chagossians had the right to live on the island, but the territorial administration is appealing the ruling.

Since the 1980s, the Government of Mauritius has sought to gain control over the Chagos Archipelago, which was separated from the then Crown Colony of Mauritius by the UK in 1965 to form the British Indian Ocean Territory. A 2019 advisory opinion of the International Court of Justice called for the islands to be given to Mauritius. Both the United Nations General Assembly and the International Tribunal for the Law of the Sea subsequently reached similar decisions. Negotiations between the UK and Mauritius began in 2022, and culminated in a 2024 understanding that the UK would cede the territory to Mauritius for possible resettlement while retaining the joint US-UK military base on Diego Garcia. While the ICJ and UN have supported decolonization of the islands, the UN Committee on the Elimination of Racial Discrimination has expressed "deep concern" at the terms of the deal, indicating that it does not go far enough to allow Chagossian people to exercise their cultural rights and preserve their cultural heritage, and that it forbids Chagossian settlements on the island of Diego Garcia.

A treaty was signed on 22 May 2025 that would formally transfer sovereignty of the territory to Mauritius once ratified, with the Diego Garcia military base remaining under British control during a 99-year lease. Following backlash from United States President Donald Trump in 2026, ratification has been suspended.

History

Maldivian mariners knew of the Chagos Islands, which were known as Fōlhavahi in the northern Maldives and Hollhavai in the southern Maldives. Hollhavai also referred to other islands scattered throughout the Indian Ocean, such as the Seychelles. According to Southern Maldivian oral tradition, traders and fishermen were occasionally lost at sea and got stranded on one of the islands of the Chagos. Eventually they were rescued and brought back home. The coconut crabs of the islands may have inspired Maldivian folklore about giant hermit crabs. These islands were judged to be too far away from the seat of the Maldivian crown to be settled permanently. Thus for many centuries the Chagos were ignored.

Early settlement

The islands of the Chagos Archipelago were charted by Vasco da Gama in the early 16th century, and then claimed in the 18th century by France as a possession of Mauritius. They were first settled in the 18th century by African slaves and Indian contractors brought by Franco-Mauritians to found coconut plantations. At some point Diego Garcia hosted a leper colony for patients from Mauritius, who were treated with turtle oil. In 1810, Mauritius was captured by the United Kingdom, and France subsequently ceded the territory in the 1814 Treaty of Paris.

The United Kingdom abolished slavery in 1833, although those on what would become the BIOT continued work as indentured labourers. In 1883 the plantations were bought by the Société Huilière de Diego et Peros. As of 1900, there were 426 families on the islands, 60 per cent descended from the original African-Malagasy slaves, and 40 per cent from South Asians brought over as indentured labour. Chagossian creole developed as a common language. The lives of the inhabitants remained effectively controlled by the company, a system which persisted until the 1960s.

An airstrip was built on Diego Garcia during the Second World War, along with other military facilities. The military left once the war ended. In 1962 the plantations were bought by Chagos-Agalega Company, based in the Seychelles. At this time they covered 3,000 hectares (7,400 acres).

Formation

The descendants of those brought to the islands to farm coconuts had developed into the Chagossian people. There are no official population figures, but an estimate from 1968 found 866 inhabitants: 336 in Diego Garcia, 162 in the Salomon islands, and 168 in Peros Banhos. The vital statistics were likely similar to other Indian Ocean islands. The birth rate on the Chagos archipelago was probably around 48 in every 1000. The birth rate for the former Seychellois islands was nominally lower, likely due to inhabitants more easily able to travel to the Seychelles for medical needs. Mortality before the age of 1 was around 98 per 1,000 live births. The overall death rate probably averaged under 12 per 1,000 people. Housing was simple, mostly using local wood and coconut leaves, with some imported concrete and corrugated iron. Most water was captured from rain, although there were groundwater wells. The islands at this time produced not only copra from the plantations, but fish, and fruit in the case of the Chagos archipelago. Alcohol was produced for local consumption, from coconut, sugar cane, and other materials. It is likely there was some malnutrition.

Beginning in February 1964, the United Kingdom and the United States began secret talks about a military base in Diego Garcia. The United States wanted a territory with no local population, and the islands were lightly inhabited compared to other potential locations. The initial option of Aldabra was dropped due to international interest in its ecosystem. In 1965, the United Kingdom split the Chagos Archipelago from Mauritius and the islands of Aldabra, Farquhar, and Desroches (Des Roches) from the Seychelles to form the British Indian Ocean Territory (BIOT). The purpose was to allow the construction of military facilities for the mutual benefit of the United Kingdom and the United States. The islands were formally established as an overseas territory of the United Kingdom on 8 November 1965. While it initially sought for the base to be given on a lease, Mauritius was eventually paid £3 million to compensate for the territory's separation, under pressure due to then-ongoing independence negotiations. An additional £650,000 was paid in 1972 for relocation costs.

A few weeks after the decision to detach the Chagos Archipelago from Mauritius, the United Nations General Assembly passed Resolution 2066 on 16 December 1965, which stated that this detachment of part of the colonial territory of Mauritius was against customary international law as recorded earlier in the Declaration on the Granting of Independence to Colonial Countries and Peoples of 14 December 1960. This stated that "Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations".

Mauritius became an independent Commonwealth realm in March 1968, and subsequently became a republic, also within the Commonwealth, in March 1992.

Expulsion of the Chagossians

In April 1967, the British government purchased the privately owned copra plantations for £600,000 and closed them. Over the next five years, the British authorities removed the entire population of about 2,000 people, known as Chagossians (or Ilois), from Diego Garcia and two other Chagos atolls, Peros Banhos and Salomon Islands, to Mauritius and the Seychelles. The expulsion was carried out by preventing Chagossians who had left from returning from 1967, assisted by the Moulinie and Company (Seychelles), Limited company which the UK had set up to run the plantations. In 1968, when more workers were needed, non-Chagossian temporary workers were allowed in from the Seychelles. The remaining population was removed from Diego Garcia in January 1971, to meet a July 1971 deadline requested by the US. The populations of Peros Banhos and the Salomon Islands were removed starting from June 1972. The population as of 1965 was around 1,360 Chagossians, plus temporary workers from the Seychelles. Another few hundred Chagossians already lived outside of the islands. The UK informed the United Nations that BIOT had no indigenous population, meaning the UK would not have to send reports on the territory to the UN.

In 1971, the United Kingdom and the United States signed a treaty, leasing the island of Diego Garcia to the US military for the purposes of building a large air and naval base on the island. The deal was important to the British government, as the United States granted it a substantial discount on the purchase of Polaris nuclear missiles in return for the use of the islands as a base. The island was strategically located near oil shipping routes, and Iran. It would counter any Soviet threat in the region.

Development

As of 1971, the population of Aldabra, Farquhar, and Desroches was 246. This dropped to 155 in 1975, likely reflecting uncertainty about these islands' future status. On 23 June 1976, these islands were returned to the Seychelles, which became independent as a republic on 29 June 1976; the islands now form part of the Outer Islands district of the Seychelles. Subsequently, the territory has consisted only of the six main island groups comprising the Chagos Archipelago.

Work on the military base commenced in 1971, with a large airbase with several long range runways constructed, as well as a harbour suitable for large naval vessels. Although classed as a joint UK/US base, in practice it is primarily staffed by the US military, although the UK maintains a garrison at all times, and Royal Air Force (RAF) long-range patrol aircraft are deployed there.

During the 1980s, Mauritius asserted a claim to sovereignty for the territory, citing the 1965 separation as illegal under international law, despite their apparent agreement at the time. The UK did not agree with the legal argument, but agreed to cede the territory to Mauritius when it was no longer required for defence purposes. According to the CIA World Factbook, the Seychelles also had a sovereignty claim on the islands. In 1982, the UK and US agreed waste would be shipped away from the territory. On 27 December 1984, Mauritius established an exclusive economic zone (EEZ) which included the waters around the BIOT, an action protested by the UK.

In 1990, the first BIOT flag was unfurled. This flag, which also contains the Union Jack, has depictions of the Indian Ocean, where the islands are located, in the form of white and blue wavy lines and a palm tree rising above the British crown. During the Gulf War, 20 nuclear-armed Boeing B-52 Stratofortress bombers were stationed at the base as a nuclear deterrent. The base was also strategically positioned to support the 2001 War in Afghanistan and the 2003 Iraq War.

On 1 October 1991, the UK created the "BIOT Fisheries Conservation and Management Zone (FCMZ)" covering the territorial seas of the BIOT. On 4 December 1995, the UK signed the United Nations Fish Stocks Agreement on behalf of the BIOT, which was protested by Mauritius when it signed in 1997. Both Mauritius and the United Kingdom agreed to the inclusion of the BIOT within the area covered by the Indian Ocean Tuna Commission, which was formed in 1996. In 1996 the Mauritius Marine Conservation Society unsuccessfully sought to have the archipelago declared a World Heritage Site. Mauritius explicitly extended its ratification of the Nairobi Convention to the Chagos archipelago in 2000, although this had limited practical impact.

The islanders, who now mainly reside in Mauritius and Seychelles, have continually asserted their right to return to Diego Garcia, winning important legal victories in the High Court of England and Wales in 2000, 2006, and 2007. In the High Court and Court of Appeal in 2003 and 2004, the islanders' application for further compensation on top of the £14.5 million value package of compensation they had already received was dismissed by the court. Following the 2000 ruling the British government announced that Chagossians would be permitted to return to the archipelago, aside from Diego Garcia. This position was reversed in 2004, before any had moved. The United Kingdom offered citizenship to some Chagossians starting in 2002.

On 17 September 2003, the UK created the "BIOT Environmental Protection and Conservation Zone (EPCZ)" covering the BIOT's EEZ. This was opposed by Mauritius, which on 5 August 2005 reasserted their declared EEZ surrounding the territory.

On 11 May 2006, the High Court ruled that a 2004 Order in Council preventing the Chagossians' resettlement of the islands was unlawful, and consequently that the Chagossians were entitled to return to the outer islands of the Chagos Archipelago. On 23 May 2007, this was confirmed by the Court of Appeal. In a visit sponsored by the British government, the islanders visited Diego Garcia and other islands on 3 April 2006 for humanitarian purposes, including the tending of the graves of their ancestors. On 22 October 2008, the British government won an appeal to the House of Lords regarding the royal prerogative used to continue excluding the Chagossians from their homeland.

In March 2007 Mauritian president Anerood Jugnauth declared a willingness to take the dispute to the ICJ, and for Mauritius to leave the Commonwealth. In November 2007 a line of communication was established between the Foreign & Commonwealth Office and the Mauritian High Commission for BIOT-related matters.

The British government established the BIOT Marine Protected Area in April 2010, to mixed reactions from Chagossians. While the British Foreign and Commonwealth Office claimed that it was an environmental move as well as a necessary move to improve the coral populations off east Africa, and therefore sub-Saharan marine supplies, some Chagossians claimed that the reserve would prevent any resettlement due to the inability to fish in protected areas. The Chagossian UK-based Diego Garcian Society stated that it welcomed the marine reserve, noting that it was in the interest of Chagossians to have the area protected while they were exiled and that it could be renegotiated upon resettlement. The Foreign Office claimed the reserve was made "without prejudice to the outcome of proceedings before the European Court of Human Rights". (That court's 2012 decision was not in favour of the Islanders anyway.) The protected area covered the territory's EEZ, but not its territorial waters.

International opinion and rulings

In 2009 Mauritius began negotiating with the Maldives to jointly settle the borders of EEZs in the area. These were unsuccessful, and in 2010 the Maldives submitted a claim that overlapped with both British and Mauritian claims. The Maldives contended that as much of the northern Chagos archipelago was uninhabited, they should not be included in the determination of EEZ baselines. Arbitration between the UK and Mauritius relating to the creation of the marine protected area began in 2010. This arbitration was cited by Mauritius to halt an attempt by a coalition of NGOs to have the archipelago declared a World Heritage site in 2012. In 2015 an UNCLOS tribunal ruled that the creation of a marine protected area violated British obligations. The idea to create a formal protected area was dropped.

The US-UK arrangement which established the territory for defence purposes initially was in place from 1966 to 2016, and has subsequently been renewed to continue until 2036. The announcement was accompanied by a pledge of £40 million in compensation to former residents. The base was seen as important for managing growing Chinese influence in the region.

The formerly obscure sovereignty dispute gained more international recognition as Mauritius obtained the support of other African countries. Brexit deprived the United Kingdom of support from European allies. In May 2017, Mauritius challenged the presence of the UK at a meeting of the Indian Ocean Tuna Commission. On 22 June 2017 the United Nations General Assembly (UNGA) voted to refer the issue to the International Court of Justice (ICJ) by 94 to 15. There were 65 abstentions, including British allies such as Canada, France, and Germany. In February 2019, the ICJ issued an advisory opinion by 13 votes to 1. In its advisory opinion, the Court concluded that "the process of decolonisation of Mauritius was not lawfully completed when that country acceded to independence", and that "the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible". On 22 May 2019, the UNGA adopted a resolution citing the ICJ advisory opinion, affirming that "the Chagos Archipelago forms an integral part of the territory of Mauritius". The motion was approved by a majority vote with 116 member states voting for and 6 against. Votes against included the neighbouring Maldives, possibly concerned about the loss of maritime security benefits that emerge from the military base. The Seychelles benefits similarly, but voted for the resolution in solidarity with the African Union. China abstained in the 2019 UN vote, which was a step towards reaching an agreement to return the Chagos Archipelago to Mauritius.

On 28 January 2021, the United Nations' International Tribunal for the Law of the Sea ruled, in a dispute between Mauritius and Maldives on their maritime boundary, that the United Kingdom has no sovereignty over the Chagos Archipelago, and that Mauritius is sovereign there. The United Kingdom disputes and does not recognise the tribunal's decision. As with the ICJ decision, this decision had no legal compulsion, although both contributed to international pressure on the UK. The Universal Postal Union (UPU), which has jurisdiction over international mail among treaty signatory states, voted in 2021 to ban the use of BIOT postage stamps on mail from BIOT, instead requiring Mauritian stamps to be used.

In February 2022, exiled islanders made their first unsupervised visit to an island in the Chagos Archipelago. The Permanent Representative of Mauritius to the United Nations, Jagdish Koonjul, raised the Mauritian flag on Peros Banhos. The main purpose of the 15-day Mauritian expedition is to survey the unclaimed Blenheim Reef, to discover for a forthcoming International Tribunal for the Law of the Sea hearing if it is exposed at high tide so is claimable. The chartered Bleu De Nîmes was shadowed by a British fisheries protection vessel.

In October 2021 Sri Lankan Tamil asylum seekers landed on Diego Garcia, and submitted asylum claims. The Convention Relating to the Status of Refugees does not apply to the BIOT. Around 173 arrived in 2021 and 2022. Some were moved to Rwanda, with around 60 left as of January 2024. In 2022, a dispute arising from American defence contractor KBR allegedly prohibiting holidays during a period of low flight demand during the COVID-19 pandemic led to 800 Overseas Filipino Workers being unable to leave Diego Garcia.

Post-ICJ negotiations and transfer

Comparisons between the BIOT and occupied areas of Ukraine hindered British diplomatic efforts to obtain Ukrainian support following the Russian invasion of Ukraine. Further pressure grew regarding Africa's "last colony", and in September 2022 British prime minister Liz Truss met with Mauritian prime minister Pravind Jugnauth On 3 November 2022, the British Foreign Secretary James Cleverly announced that the UK and Mauritius had decided to begin negotiations on sovereignty over the British Indian Ocean Territory, taking into account international legal proceedings. Both states had agreed to ensure the continued operation of the joint UK/US military base on Diego Garcia. The Carnegie Endowment for International Peace has argued this change of approach is partly due to strategic shifts in US and UK foreign policies on Asia in response to China's growing power and influence, as disputes with former colonies encourage their deepening relationship with China.

On 3 November 2022, Patrick Wintour of the Guardian reported that the UK and Mauritius had begun negotiations on sovereignty over the British Indian Ocean Territory, taking into account the international legal proceedings. In December 2023, Tony Diver of the Daily Telegraph reported that the British government was planning to discontinue the talks. These negotiations ceased in late 2023 after the UK Defence Secretary blocked the agreement that had been negotiated by the Foreign Office.

On 3 October 2024, British prime minister Keir Starmer and Mauritian prime minister Pravind Jugnauth jointly announced that an agreement had been reached under which the UK would cede sovereignty over the territory. Under the deal, Diego Garcia will be excluded from any resettlement, and the UK will continue to administer the island for at least 99 years. Chagos Islanders would be allowed to return to the other islands and a fund will be established to support resettlement.

No debate on the deal had taken place in the Parliament of the United Kingdom due to it being in recess, and the deal attracted criticism from opposition politicians such as James Cleverly, who, as foreign secretary, had initiated the negotiations that took place from November 2022 until December 2023. The announcement was also criticised by the Speaker of the House of Commons, Sir Lindsay Hoyle, who criticised the government for ignoring the constitutional convention that important matters should be announced in the House of Commons first. Some Chagossians have also criticised the deal for not having included the Chagossian community in the decision-making process.

In November 2024 the Maldives reiterated a previous claim to the Chagos Islands, challenging ongoing negotiations between the UK and Mauritius.

On 17 December 2024, newly elected Mauritius prime minister Navin Ramgoolam, rejected the proposed agreement and asked for talks to reopen. Following resumed negotiations, a treaty was signed on 22 May 2025 that will transfer sovereignty to Mauritius once it comes into force (expected in late 2025), with Diego Garcia military base remaining under British control during a 99-year lease (the period can be extended by a further 40 years).

Following the Chagos Archipelago handover agreement, the British government introduced legislation to implement the agreement, including amending the British Nationality Act 1981 to reflect that the British Indian Ocean Territory will no longer be an overseas territory following Parliament's ratification of the treaty, and to empower the British government to make secondary legislation to allow for the continued operation of the Diego Garcia military base. However, in April 2026 the implementation of the agreement was put on an indefinite hold due to opposition from US President Donald Trump. The Government indicated that ratification of the agreement would not be sought in the current session of Parliament, with the former Permanent Under Secretary of State at the Foreign Office, Simon McDonald, commenting that "this agreement, this treaty will go into the deep freeze for the time being".

2026 resettlement attempt

On 16 February 2026, four British Chagossians landed on Île du Coin in an attempt to establish a permanent settlement, without seeking government permission. Since the expulsion of the Chagossians in 1971, no Chagossians have been allowed to live on the Chagos Islands. An injunction by the Chief Justice of the British Indian Ocean Territory three days later prevented the immediate deportation of the islanders.

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