A new Bill introduced in the House of Lords today would require the consent of Chagossians, Parliament and any future elected government of the British Indian Ocean Territory before sovereignty over the Chagos Islands could be transferred to another state.
The British Sovereignty Protection (Chagos Islands) Bill, sponsored by Lord Weir, has been tabled amid continuing controversy over the future of the Chagos Archipelago and the Government’s negotiations with Mauritius.
The legislation would create what its explanatory notes describe as a “three stage sovereignty protection” requiring approval from an elected BIOT government, a referendum of Chagossians and an Act of Parliament before any transfer of sovereignty or lease of territory could take place.
Under Clause 1 of the Bill, any future transfer of sovereignty over all or part of the British Indian Ocean Territory, including its exclusive economic zone, would require all three approvals. The Bill also states that the United Kingdom remains sovereign over the military base on Diego Garcia regardless of any international court ruling or treaty.
A second section would require Parliamentary scrutiny of any expenditure associated with agreements between the UK and Mauritius concerning the territory. The Secretary of State would be required to seek House of Commons approval for anticipated expenditure connected with any such agreement, including payments to the Mauritian Government or related bodies.
One of the most significant sections of the Bill concerns the resettlement of Chagossians.
The legislation proposes repealing Section 9 of the British Indian Ocean Territory (Constitution) Order 2004 and would create a framework under which British Overseas Territory citizens of BIOT could obtain permits to visit and, in certain circumstances, reside on specified islands within the territory, subject to security considerations. It would also create provisions allowing suitably qualified BIOT citizens and their descendants to work on the military base where employment contracts exist.
The Bill would further require the Government to hold discussions with Chagossian representatives on issues including resettlement, local government, environmental protection, cultural heritage, economic development, transport, health services and any future self-determination referendum. Ministers would also be required to report annually to Parliament on the progress of those discussions and on resettlement efforts.
A dedicated referendum provision forms the centrepiece of the proposed legislation.
If a future government wished to transfer sovereignty over BIOT to another state, the Secretary of State would be required to organise a referendum asking eligible BIOT citizens whether the territory should remain a British Overseas Territory or be transferred to another sovereign state. No transfer could proceed unless a majority voted in favour of it. The franchise would be limited to British Overseas Territory citizens of BIOT aged over 18, regardless of where they reside.
The Bill also contains provisions requiring the Government to protect the British Indian Ocean Territory’s exclusive economic zone from illegal fishing and other security threats, while separately imposing duties to support biodiversity protection, fisheries patrols and conservation work across the territory. Annual reports on both areas would be required.
According to the explanatory notes accompanying the legislation, the measures are intended to ensure Parliamentary oversight of sovereignty negotiations, protect British sovereignty in the territory and place Chagossians at the centre of decisions concerning the future of the islands. The notes state that the referendum requirement is designed to provide direct approval from Chagossians before any transfer of sovereignty could take place.
The Bill begins its Parliamentary journey with First Reading in the House of Lords today. As a Private Member’s Bill, it faces the challenge of securing sufficient Parliamentary time and support to progress through all stages in both Houses of Parliament before it could become law.
