The Chagos agreement: a win for sovereignty, a loss for inclusion?

Pablo Romero

Pablo Romero·– 10/08/2024 8:35am

The recent agreement between the United Kingdom and Mauritius regarding the Chagos Archipelago is being hailed as a significant milestone in the fight for decolonization and justice. After decades of legal battles and international pressure, Mauritius will finally regain sovereignty over the Chagos Islands. However, while this decision is historic, it does not fully resolve the long-standing issues surrounding the forced displacement of the Chagossians, nor does it adequately address the community’s exclusion from the decision-making process. As we explore the complexities of this agreement, we can see how restorative and transitional justice could offer the Chagossians a path toward healing and involvement in shaping their own future.

A right restored, but with conditions

The Chagos Islands have long been a site of geopolitical conflict and human suffering. In the 1960s, the UK excised the archipelago from Mauritius to lease the largest island, Diego Garcia, to the United States for military use. This move led to the forced displacement of approximately 2,000 Chagossians between 1968 and 1973, who were resettled in Mauritius and Seychelles under dire conditions. This act of displacement has been widely condemned as a violation of human rights, with Human Rights Watch labeling it a “crime against humanity”  

In 2019, the International Court of Justice (ICJ) ruled that the UK’s continued administration of the Chagos Islands was unlawful and advised the territory be returned to Mauritius. Despite initial resistance, the UK finally agreed to a political settlement in 2024, recognizing Mauritius’ sovereignty over the islands .

However, this victory is tempered by significant limitations. The agreement allows the US-UK military base on Diego Garcia, the largest and most important island, to remain operational for 99 more years. This effectively prevents the Chagossians from resettling on the most resource-rich island, despite their long struggle for the right to return. Instead, resettlement may be limited to smaller, less hospitable islands—a disappointing outcome for many in the Chagossian community.

The exclusion of Chagossians from the decision-making process

One of the most glaring wrongs in this process is the exclusion of the Chagossians from the negotiations. Despite being the people most directly affected by the agreement, Chagossians were not consulted in any meaningful way during the discussions between the UK and Mauritius. Grassroots organizations, such as Chagossian Voices, have criticized the decision, emphasizing that their community’s opinions were not taken into account. Chagossians have repeatedly demanded to be included in shaping their own future, yet they continue to be sidelined by the very governments that displaced them .

This exclusion is particularly painful, given the long history of decisions made on behalf of the Chagossians without their input. For decades, their calls for justice, compensation, and the right to return to their homeland have been ignored or inadequately addressed. While the current agreement marks progress in recognizing their right to return, it falls short of involving the Chagossians in decisions that affect their lives.

The potential of Restorative and Transitional Justice

In the face of these ongoing challenges, restorative and transitional justice processes offer a path toward meaningful engagement and healing. Restorative justice, with its focus on dialogue, accountability, and participation, could provide the Chagossians with a voice in the reparative process and help to mend the deep wounds caused by their displacement.

One key component of this approach could be the establishment of truth-telling initiatives. Truth commissions have been used in other post-colonial contexts to provide victims with a platform to share their experiences and for the responsible parties to acknowledge the harm caused. For the Chagossians, such an initiative could allow them to recount the personal and collective trauma of being uprooted from their homeland. This would not only validate their suffering but also provide an opportunity for the UK and Mauritius to better understand the scope of the harm and to take appropriate steps toward reparation.

Another critical element is reparations. While financial compensation is part of the agreement, many Chagossians feel that it is insufficient to address the economic and social hardships caused by their displacement. True reparations should encompass more than money; they should also include access to education, healthcare, and the preservation of Chagossian cultural heritage. Restorative justice mechanisms could ensure that these reparations are designed with direct input from the Chagossian community, addressing their specific needs and aspirations  .

Finally, community reconciliation is vital. The displacement of the Chagossians fractured their community, spreading them across different countries. Restorative justice processes could help to rebuild these communal bonds, fostering reconciliation both within the Chagossian diaspora and between the Chagossians and the governments that displaced them. These processes could also provide a broader framework for addressing the legacy of colonialism and imperialism, which continues to affect many former colonies.

Online restorative processes: A new path to engagement?

In today’s digital age, online platforms offer an innovative solution for facilitating restorative justice, particularly for communities like the Chagossians who are geographically dispersed. Virtual truth commissions could allow Chagossians from Mauritius, Seychelles, and the UK to share their experiences and engage in dialogue, overcoming the logistical challenges of physical meetings.

These online platforms could also foster community dialogue. Virtual town halls or forums could provide Chagossians with a space to discuss resettlement plans, reparations, and other important issues. By using these tools, Chagossians could finally participate in the decisions that shape their future, ensuring that they are no longer excluded from the process.

Moreover, online spaces could support reconciliation efforts. Many Chagossians have been separated from one another for decades, and virtual platforms could allow them to reconnect, share their stories, and begin to heal. These platforms could also facilitate dialogue between the Chagossians and the governments involved, helping to rebuild trust and promote mutual understanding.

Conclusion

The return of the Chagos Islands to Mauritius is a significant step toward addressing the historical wrongs of colonization and displacement. However, the exclusion of the Chagossians from the decision-making process reveals that there is still much work to be done. Restorative and transitional justice processes, supported by modern online tools, offer a way forward. By giving the Chagossians a voice in their own future, these mechanisms can help to heal the wounds of the past and build a more just and inclusive path forward. Through truth-telling, reparations, and reconciliation, the Chagossians can finally begin to reclaim their place in the world and restore their connection to their homeland.