Baroness Hoey Portrait Baroness Hoey (Non-Afl)
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My Lords, my Amendment 50B is very clear and simple, and nothing to do with security on Diego Garcia or the details of the treaty between Mauritius and the United Kingdom. It is simple: it is for our Government to recognise the Chagossian people in the law of the United Kingdom as an indigenous people of the Chagos Archipelago.

I raise this because so many of the Chagossians we have met and know are men and women who have lived on these islands, who were baptised in the island chapels, who fished, who tended their gardens, who raised children and buried their dead there. They are the indigenous people of the Chagos Archipelago. It is important that what they have asked for, that they are recognised by our country, is agreed to.

The need for this amendment arises because even now, more than half a century after their removal, the Chagossian people are still being told by Ministers that they never existed as a permanent population, that their islands were never self-governing in any meaningful sense and that there is therefore no question of self-determination. Only last week, on the first day in Committee, the Minister, the noble Baroness, Lady Chapman, repeated that claim, saying:

“The Chagos Archipelago has no permanent population nor has ever been self-governing. No question of self-determination for its population can therefore arise”.—[Official Report, 18/11/25; col. 795.]


That statement is not true. It is contradicted by every serious historical study, by the records in the National Archives, by the findings of the International Court of Justice, by the judgment of our own courts and most importantly by the lived memory of the men and women who have written to and met us and live all over in the diaspora.

The noble Lord, Lord Hannan, said that he would not go into the history, but it is important when we are discussing a people that we understand the history. Archival records from the 19th and 20th centuries list births, marriages and burials across multiple generations on Peros Banhos, Salomon and Diego Garcia. Parish registers from Notre Dame de L’Assomption on Diego Garcia record entire family lines. Children were born there, married there and died there. The High Court in the Bancoult judgments accepted that the Chagossians were a settled people. The International Court of Justice—one of the reasons we have this treaty—in its 2019 advisory opinion recognised the Chagossians as the people of the territory with a right to self-determination. Research and documents from various academics have shown that there is at least 150 to 170 years of continuous multigenerational residence.

That is what an indigenous people is; that is what a permanent population is. Yet the Government continue to repeat a narrative first invented back in 1968, when the Foreign Office issued internal instructions to describe the Chagossians in public as temporary contract workers to avoid United Nations scrutiny. Those instructions are still in the archives and still legible. They show unequivocally that the United Kingdom knew the truth then, and it should know the truth now. It is time for this Parliament in discussing this treaty to put the truth into law.

The Minister also claimed that the islands were never self-governing but, as every historian of the archipelago now agrees, the islands were in practice run not by resident British administrators, who were almost never present, but by the Chagossians themselves. Families organised communal work, maintained chapels and community buildings and settled disputes. Testimony from multiple surviving islanders shows that respected elders served as local leaders.

One of the older Chagossian families that has been mentioned before in Committee, the Mandarin family of Peros Banhos, has given oral testimony that their ancestor, Jean Charles Mandarin, a blacksmith serving the whole island, was nominated by the community to act as a local headman in the long absence of any resident British authority. His leadership was even recorded in a scholarly Brill volume on the dispossession of the Chagos Islands, describing him as “a thorn in the flesh of the administration”. His grandson, Fernand Mandarin, born on Peros Banhos, later led the Chagossian Social Committee, represented his people at the United Nations and wrote one of the most detailed oral histories of island life. Today, his descendants continue that leadership in ongoing legal actions before the High Court. How can the Minister stand in this Chamber and say there was no permanent population and no self-organisation when the evidence is so overwhelmingly clear?

The amendment puts this right. It recognises in law what the world’s historians, courts and international institutions have already recognised: that the Chagossians are the indigenous people of the Chagos Islands. The amendment clearly defines them as those born on the islands

“prior to their depopulation between 1968 and 1973”

and their direct descendants. It requires the Secretary of State, when exercising any function under the Bill, to have regard to their identity, cultural integrity and rights.

The amendment is necessary, because the Bill does exactly the opposite with Clauses 2 to 4, which would abolish the British Indian Ocean Territory for every island except Diego Garcia, stripping away the only remaining statutory recognition of the Chagossian people’s historic and legal connection to their homeland. It would remove the very provisions in the British Nationality Act through which they are currently recognised in law. It would hand their homeland to another state without any act of self-determination, despite the clear findings of the International Court of Justice that the Chagossian people are entitled to that right.

We now know what that means in practice. Mauritian authorities have already begun issuing new birth certificates to Chagossians, in which the place of birth is rewritten as Mauritius, erasing all mention of the islands. That is actually happening. I have seen some of that documentary proof.

The recognition in the amendment would prevent that erasure. It does not settle the question of sovereignty, prejudge the right of return or determine citizenship policy, but it ensures that the people who lived on these islands for generations, who were removed without consent and who have been fighting to preserve their identity ever since cannot be written out of their own history or out of our legislation.

One native islander wrote:

“We want our name to exist before we die. We want to be seen as the people of our islands, not as shadows erased from paper.”


Another wrote:

“They took our homes. They took our animals. They took our graves. Please, do not let them take our identity in law.”


Another important one says:

“The Minister says we were never a people. I lived my whole childhood on Peros Banhos. My father and mother were born there. How can she say we were not there?”


The world knows that there was a people in the Chagos Islands. The archives know, the courts know, the UN knows, the historians know and the survivors who still bear witness know. Only this Bill seems to pretend otherwise. I believe that recognition is the minimum moral duty owed to a people who were removed from their homeland, denied their rights and then told that their existence did not matter.

The amendment affirms that they did exist, they do exist and they will continue to exist in the law of this country. I know that a group of Chagossians have written to the Minister in the last few days questioning why she made such a statement. I hope that she will be able to give them some support tonight and say that she recognises their existence and that they should be recognised in the law of the United Kingdom. The amendment does not affect anything to do with security, which seems to be and rightly, perhaps, is the real reason for what the Government are doing. This does not affect one single bit of anything to do with the security of the Chagos Islands, so I hope that the Minister will go back and accept the amendment on Report.

Lord Morrow Portrait Lord Morrow (DUP)
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My Lords, Amendment 81 in my name is in some key senses the most important of all the amendments that I have tabled in Committee. The purpose of Amendment 81 is to probe the question of what will happen to the Chagossian people if the Bill receives Royal Assent and the Mauritius treaty comes into force. The logic that underpins the Government’s position is that Chagossians are, from the civic perspective—the perspective of their citizenship—Mauritian.

Of course, this will not change their ethnicity, but it will extinguish a critical dimension of their identity, which, while in a very real sense it was suspended as a result of the gross injustices that were committed against them in 1968 and 1973, has not been extinguished. Although the splitting of the Chagos Islands from Mauritius in 1965 was imposed on the Chagossians, it bestowed on them a civic identity apart from Mauritius that they were pleased to receive and enjoyed while living on their islands from 1965 until their forced expulsion.