| Abstract: | During the 1960s, the US government entered into an agreementwith the UK government to construct a military facility in theChagos Archipelago. The UK government excised the Archipelagofrom the colony of Mauritius and created the British IndianOcean Territory (BIOT). Diego Garcia was transferred to theUnited States and the indigenous people of the entire Archipelagowere secretly banished. This process led to their chronic impoverishment.In the Bancoult cases, the English courts held the exile tobe unlawful and that the Chagossian people possess a publiclaw right of abode in the Chagos Islands. This article examineswhether international law can facilitate the resettlement tothe Chagos Islands via recognition of BIOT's non-self-governingstatus. It also explores the prospect of securing compensationfor the loss of ancestral lands by reference to existing andevolving international standards on indigenous rights. |
