BIOT Supreme Court Grants Chagossians Right to Return
In a landmark decision on June 20, 2026, the Supreme Court of the British Indian Ocean Territory (BIOT) ruled that Chagossians have the right to return to their ancestral islands. This judgment overturns the longstanding ban imposed by the 2004 Constitution Order, which had denied the Chagossian people the right of abode in the territory.
The case was brought forward by four Chagossians who had traveled toÎle du Coin, an uninhabited island within the Chagos Archipelago, earlier this year. Upon arrival, they were issued removal orders by BIOT authorities, prompting a legal challenge against the Commissioner of BIOT.
Chief Justice James Lewis KC stated that the provision barring the Chagossians from residing in the territory was unlawful and irrational. He emphasized that any rational reason for maintaining the ban had disappeared, especially in light of the UK's agreement to transfer sovereignty of the Chagos Archipelago to Mauritius while leasing back the Diego Garcia military base for 99 years.
This ruling is a significant victory for the Chagossian community, who were forcibly removed from the islands in the 1960s and 1970s to make way for the establishment of a military base on Diego Garcia. The decision acknowledges the historical injustices faced by the Chagossians and paves the way for their resettlement.
However, the BIOT administration has indicated its intention to appeal the ruling. A spokesperson from the Foreign, Commonwealth & Development Office stated, "We do not agree with this judgment, and we understand the BIOT Administration have appealed it."
The legal implications of this decision are profound, as it challenges the UK's longstanding policies regarding the Chagos Archipelago and raises questions about the future governance of the territory. The ruling also has potential ramifications for the UK's international relations, particularly with Mauritius and the United States, given the strategic importance of the Diego Garcia military base.
For the Chagossian community, this judgment represents a long-awaited recognition of their rights and a step towards rectifying decades of displacement and disenfranchisement. As the legal proceedings continue, the world watches closely to see how this historic case unfolds and what it means for the future of the Chagos Islands and their people.