For months, the Great British PAC, and the wider Chagossian community, have been waiting, patiently, respectfully, but with increasing concern, for the High Court’s decision on whether the Judicial Review concerning the future of the Chagos Islands will be permitted to proceed.
We had our day in court, the arguments were heard, the Government was challenged, and the evidence, historical, legal, and deeply human, was laid bare. And yet, despite the Court originally indicating that judgment would be handed down in late October, then November and more recently assuring the parties that a decision would be delivered before Christmas, there is still no ruling.
The cause of the delay is, at present, unknown. What is known, however, is that the stakes could not be higher.
A Community in Limbo, Waiting to Be Heard
The Chagossian community, numbering between 8,000 and 10,000 people worldwide, continues to wait for the simple right to be consulted properly, and for their voices to matter in decisions about their homeland.
This principle is not abstract. A verified poll of 3,500 Chagossians, an extraordinary sample size for such a small population, found that over 99 per cent wish to remain British. Yet this clear, democratic expression of identity is being routinely overlooked by those pressing ahead with policies that will determine the future of the islands without meaningful Chagossian involvement.
The Judicial Review is therefore not a technical formality, it is a vital democratic safeguard. A brief questionnaire issued by a Parliamentary Committee, which video evidence shows was in part completed by Mauritian authorities rather than by Chagossians themselves, cannot possibly substitute for a full and substantive consultation in consequence of an order from a Judicial Review. Only a proper process, with rigorous scrutiny, detailed evidence, and established legal standards, can ensure fairness, transparency, and genuine respect for the rights and aspirations of the Chagossian people.
Although the case has been brought formally in the name of Misley Mandarin, the progress of this legal challenge has only been possible because of the dedication of the Great British PAC community, our supporters, donors, volunteers, and legal team. Particular thanks go to our Chairman, Ben Habib, for his generous £10,000 contribution, and to another anonymous donor whose support has been invaluable. Hundreds more contributed through the crowdfunder, demonstrating a widespread and heartfelt commitment to justice. The crowdfunder has been reopened and we may rapidly need funds for appeal or further work, so please do consider telling friends and encouraging donation: Stop the Chagos Betrayal – a Politics crowdfunding project
A Sudden Intervention From the United Nations
As we wait for the High Court decision, a significant international development has now emerged, one that places renewed pressure on the UK Government, and inevitably highlights the urgency of the Judicial Review.
On 2 December 2025, the UN Committee on the Elimination of Racial Discrimination (CERD) issued an Early Warning and Urgent Action Decision. Its findings are stark, and in parts deeply critical.
CERD has called on both the United Kingdom and Mauritius to halt ratification of their 22 May 2025 bilateral agreement on the future of the Chagos Archipelago. The Committee expressed “deep concern,” and in some areas “alarm,” that the agreement:
- Fails to secure the free, prior, and informed consent of the Chagossian people,
- Restricts the exercise of their right to self-determination,
- Contains provisions inconsistent with the International Court of Justice advisory opinion and the 2019 UN General Assembly resolution,
- Continues discriminatory restrictions on Chagossian return, including return to Diego Garcia,
- Was negotiated without meaningful participation from the Chagossians themselves.
In the Committee’s own words, it is:
“Gravely concerned about the reported lack of consultation with the Chagossian people, restricting the exercise of their right to self-determination.”
The Committee has urged both governments to engage immediately with the Chagossian people, to ensure their free, prior, and informed consent, and to uphold their human rights under international law, including the right to return, the right to cultural protection, and the right to full reparations for past injustices.
As barrister James Tumbridge noted:
“The UN says the UK’s giveaway of the Chagossian homeland must stop. It is time to talk to the people.”
Why This Matters for the Judicial Review
The Judicial Review before the High Court is not, in itself, a direct challenge to the treaty. However, it does challenge the domestic decision-making of the UK Government, particularly the process through which Chagossians were excluded from meaningful consultation, and the extent to which the Government failed to take into account its international obligations.
The new UN decision goes directly to issues already raised in the claimants’ Skeleton Argument, especially concerning:
- The UK’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination,
- The requirement for rational and fair decision-making informed by those obligations,
- The need for genuine consultation with those directly affected.
In light of this, Barrister James Tumbridge who is overseeing the case, has written again to the Judge, respectfully and entirely within legal protocol, to bring this new development to the Court’s attention. The letter does not introduce new arguments, it simply updates the Court with material of clear relevance which did not exist when the Skeleton Argument was filed.
The UN’s findings reinforce what the Chagossian community has consistently argued, namely that there has been discrimination in the process, and a failure to give proper weight to the rights and future of the people most directly affected.
Why the Delay?
We cannot know why the decision has been delayed, and it would be wrong to speculate improperly. Judges must be independent, and justice must be delivered through a careful, fair, and lawful process.
However, repeated delays, first from October, then to November, then to December… beyond the dates personally indicated by the Judge, are undeniably concerning.
The Chagossian community deserves clarity, fairness, and a timely decision. The longer the delay, the more uncertainty hangs over a community that has already endured decades of displacement and injustice.
What we can say with certainty is this:
- The delay does not weaken the strength of the case,
- The delay does not diminish the seriousness of the issues,
- The delay does not make the rights of the Chagossian community any less compelling,
- The delay does not alter the fact that international pressure on the UK is now increasing significantly.
The Great British PAC will continue to monitor developments closely, and we will continue to keep our supporters informed.
The Path Ahead: Justice, Rights, and Self-Determination
The Chagossian people, exiled for over half a century, are still fighting for something most communities take for granted, the right to be heard in decisions that shape their own future. The UN has now confirmed what the community has been saying for decades, that their rights must be central, not an afterthought.
The Judicial Review remains essential, not symbolic, not optional, but essential.
It is the only mechanism capable of ensuring that the UK Government’s decisions are lawful, non-discriminatory, and grounded in the rights and lived experiences of the people most affected.
And while the judgment may be delayed, momentum is growing, international scrutiny is intensifying, and the resolve of the Chagossian community, supported by the Great British PAC, remains unwavering.
The world is watching, and with your continued support, we will see this fight through until justice is not only promised, but delivered.
Claire Bullivant, CEO Great British PAC
