British Sovereignty Protection (Chagos Islands) Bill

“A Bill to affirm and protect the sovereignty of the United Kingdom over the Chagos Islands and the British Indian Ocean Territory; to make provision restricting the cession or transfer of sovereignty without the approval of Parliament and without the consent of the Chagossian People; to provide for the protection of the Territory’s strategic and defence importance; and for connected purposes.”

This Bill covers every protection its authors could think of, including six major areas:

Clause 1. Approval of any transfer of British sovereignty over Chagos Islands

This clause is designed to create a three-stage sovereignty protection on the transfer of the British Indian Ocean Territory. Any local Government, a referendum of Chagossians and an Act of Parliament. It also ousts international legal challenges.

Clause 2. Approval of Parliament to transfer of money

This clause is designed to allow Parliament to scrutinise any proposed payments to Mauritius connected to the sovereignty of BIOT.

Clause 3. Protection and Resettlement of the Chagossian people

(1) To repeal s. 9 of the British Indian Ocean Territory (Constitution) Order 2004 on the right to abode in the Territory consequent on the ruling of the BIOT Supreme Court that quashed the section.

(2) (a) & (b)To create a duty for the BIOT Immigration Officer to grant permits to BIOT Citizens to reside in certain of the BIOT Islands and visit the other islands unless they are a threat to the security of the base or other residents. This would allow resettlement while safeguarding the base.

(2) (c) To create a duty for the BIOT Immigration Officer to grant permits to British Citizens necessary for the maintenance of the residents unless they are a threat to the security of the base or other residents.

To create a duty for the BIOT Immigration Officer to grant permits to ‘suitably qualified’ BIOT Citizens and their descendants in receipt of employment contracts to work on the Base. The wording for ‘suitably qualified is taken from the UK Mauritius 2025 Treaty.

(3) & (4) The wording in this clause comes from Article 10 of the UK Mauritius agreement which sought to privilege Mauritian employees and contractors. This wording would confer those privileges onto the citizens of BIOT.

(5) This clause seeks to ensure that round table talks on the future of the Chagos Islands are conducted with the Chagossians. This includes resettlement, the Marine Protected Area, Cultural sites (i.e Churches and graveyards), skills needed for a new settlement, health, transport and the economy.

(6) This Clause would compel the Government to report to Parliament on the progress of the talks and resettlement.

Clause 4. Approval of Chagossians to transfer of sovereignty by Referendum

This clause provides for a referendum on any proposed transfer of sovereignty as per Clause 1.

Clause 5. Protection of British sovereignty in the BIOT Exclusive Economic Zone

This clause creates a duty on the Secretary of State to protect the EEZ. Particularly from illegal fishing but also other threats to the outer islands and to report annually on the progress.

Clause 6. Protection of biodiversity in BIOT

This clause creates a duty on the Secretary of State to protect and enhance the biodiversity in BIOT by mounting fisheries protection patrols (i.e illegal shark fishing), monitor habitats and continue the work on irradicating rats which harm the seabird populations.