UK-Mauritius Agreement on the Chagos Archipelago including Diego Garcia (HL Paper 146, 9th Report, Session 2024–25)
The House of Lords International Agreements Committee's formal scrutiny report on the UK-Mauritius treaty, published 25 June 2025. It directly addresses SOFA implications, noting that the treaty's powers permit the UK to 'enter into a status of forces agreement with the US providing for jurisdiction over its personnel' at Diego Garcia, and examines the need to update the 1966 UK-US Exchange of Notes.
▤ Verbatim text from source document
House of Lords - UK-Mauritius Agreement on the Chagos Archipelago including Diego Garcia - International Agreements Committee
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UK-Mauritius Agreement on the Chagos Archipelago including Diego Garcia
Contents
Chapter 4:
Conclusions
59.
Our report draws some specific conclusions about the
Agreement and makes a number of recommendations. These conclusions and
recommendations are set out in paragraphs 33, 39, 46, 49,
51, 55, and 57 above.
60.
In summary, our view of
the Agreement is the following.
61.
The Base on Diego Garcia
is a vital UK national asset and we agree with
the Government that securing its long-term effective operation is
critical. The Government is confident that the Defence and Security
rights conferred by the Agreement with Mauritius achieve that objective
and we have not heard any substantial disagreement with that
proposition - at least for so long as the Agreement remains
in force. The fact that the US Government supports the
Agreement is significant.
62.
Like all treaties, the Agreement reflects a
compromise between the views of the two Parties. It is
not perfect. The cost to the UK taxpayer is high.
The Agreement does not guarantee that Chagossians can return to
the islands. There are some uncertainties around the future of
the marine protected area. There is no guarantee of an
extension to the Agreement after the initial 99-year period
and questions have been raised about the enforceability of the
right of first refusal.
63.
Nevertheless, it is clear that if
the Agreement is not ratified, and if a future Government
attempted to go on resisting international pressure to transfer sovereignty
over the Chagos Archipelago, Mauritius is likely to resume its
campaign through international courts with a view to obtaining a
legally binding judgment on sovereignty against the UK. We heard
that there are ways in which Mauritius could bring that
issue before an international court. We also heard that any
international court looking at this issue would be unlikely to
find in favour of the UK. In that circumstance, the
future of the Base on Diego Garcia would be at
greater risk.
64.
We report the Agreement to the House for
special attention and debate.
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