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Attorney General: Chagossian Return Must Go Through Mauritius

Gavin Glover says the legal path for Chagossians to return home runs through Mauritian sovereignty, not British courts or UK government decisions.

By MauritiusNews Editorialabout 3 hours agoπŸ‘ 0 views

Mauritius Attorney General Gavin Glover has stated clearly that any legal route for the return of Chagossians to their homeland must be anchored in Mauritian sovereignty, not in British legal processes or UK government decisions.

Speaking publicly on the matter, Glover confirmed that Mauritius, not the United Kingdom, holds the legitimate authority to determine who may return to the Chagos Archipelago. This position is consistent with Mauritius's long-standing claim that it is the rightful sovereign over the islands, a claim that has gained significant international backing over recent years.

His statement comes in the wake of a ruling by the Court of Appeal of the British Indian Ocean Territory, known as BIOT, issued in November 2026. That court overturned an earlier decision that had recognised the presence of four British citizens on the island as lawful. The BIOT court is a legal structure created by the United Kingdom to administer the territory, which Mauritius does not recognise as a legitimate jurisdiction over what it regards as its own islands.

The Chagos Archipelago, which includes Diego Garcia, was separated from Mauritius by the United Kingdom in 1965, three years before Mauritian independence, in what the United Nations General Assembly and the International Court of Justice have both since described as unlawful. The islands were then leased to the United States, which operates a major military base on Diego Garcia. The original Chagossian population was forcibly displaced between 1968 and 1973 and has never been allowed to return.

Negotiations between Mauritius and the United Kingdom over a formal transfer of sovereignty have been ongoing, though the process has been slow and at times politically turbulent on both sides. A framework agreement was initialled in October 2024 but has not yet been finalised.

By asserting that the legal path runs through Mauritius, Glover is reinforcing the government's position that any resettlement programme, right of return or residency arrangement for Chagossians must be designed and authorised by Mauritius as the sovereign power, and not unilaterally decided by London or through BIOT courts.

What this means: For Chagossians, particularly those in the Mauritian Creole community in Mauritius and in the UK, this statement signals that their right of return will ultimately be shaped by Mauritian law and by whatever resettlement framework Mauritius puts in place following a final sovereignty agreement. It also means that legal challenges brought through British courts or the BIOT judicial system may carry limited practical weight if Mauritius does not recognise their authority over the territory. The final shape of any return programme remains tied to the broader diplomatic deal between Mauritius and the United Kingdom, which has yet to be concluded.

Source: Le Defi Media

Frequently Asked Questions

Who has the legal authority to decide if Chagossians can return to the islands?βˆ’

According to Mauritius Attorney General Gavin Glover, that authority rests with Mauritius, which claims sovereignty over the Chagos Archipelago. Mauritius does not recognise the British Indian Ocean Territory (BIOT) administration as a legitimate jurisdiction over the islands.

What is the BIOT Court of Appeal and why does its ruling matter?βˆ’

The BIOT Court of Appeal is a judicial body created by the United Kingdom to administer the British Indian Ocean Territory. In November 2026 it overturned a previous decision that had recognised four British citizens as lawfully present on the islands. Mauritius does not accept BIOT jurisdiction, so the practical impact of such rulings depends on the outcome of ongoing sovereignty negotiations between Mauritius and the UK.

What is the current status of the Mauritius and UK deal on the Chagos Islands?βˆ’

A framework agreement was initialled in October 2024 but has not yet been finalised. Negotiations remain ongoing, and the final terms, including any resettlement or right-of-return provisions for Chagossians, have not been agreed.

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Originally reported by Le Defi Media

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