Descendants of Chagos Islanders forcibly evicted by the British in the 1970s will soon be able to apply to become British citizens, the Home Office has said.
After legal challenges by Chagossians, the government has also waived fees for applicants who descend from former inhabitants of the Indian Ocean archipelago.
The move has been cautiously welcomed by supporters of the islanders, who say it is a response to “a chorus of international criticism” over the UK’s refusal to allow them to return.
The international court of justice in 2019 found that the UK unlawfully separated the Chagos Islands from Mauritius before granting independence in 1968.
Britain is also defying UN votes and other judgments demanding a right of return for the islanders. The UK, which calls the archipelago British Indian Ocean Territory (BIOT) has refused to cede sovereignty.
Philippe Sands, counsel for the Mauritian government which is arguing for the return of the islanders, said: “This is welcome on a human level but must be seen for what it is. It is a response to a series of crushing defeats internationally which have caused the UK to look for ways to resolve the Chagos matter and limit a chorus of international criticism.
“But for these international developments, one suspects this change would not have happened, and it is outrageous and scandalous that the islanders and their descendants have had to wait this long for it to happen.”
The UK government estimates that there are about 10,000 Chagossians based in the UK, Mauritius and Seychelles – 3,000 of whom live in Crawley, West Sussex.
The changes were part of an amendment to the nationality and borders bill that the government accepted in March.
Henry Smith, the Conservative MP for Crawley who put down the citizenship amendment, said relatives of his Chagossian constituents have been deported or refused entrance to the UK under previous immigration rules.
“This battle has been won but the battle for a right to return [to the islands] very much continues,” he said.
Adult descendants of native-born Chagos Islanders will have five years to apply for British nationality, according to the Home Office.
Kevin Foster, the minister for safe and legal migration, said applications will be processed from 23 November.
“The situation of Chagossians is unique and I have listened to the community’s concerns,” he said. “This is why we are bringing our nationality laws into the 21st century by enabling Chagossians and their children to apply to a bespoke route to British citizenship free of charge.
“We are proud that Chagossians want to become British citizens and we will continue to listen to their experiences and concerns.”
Olivier Bancoult, leader of the Chagos Refugees Group who was forced to leave the island at the age of four, said the UK’s concession on citizenship would not be enough to satisfy the demands of the islanders or the international community.
“We are not against giving citizenship to the third and fourth-generation descendants, which is a good move but is in response to the UN and international pressure,” said Bancoult.
“But it is most important that the UK government should give us the right to live on the Chagos Islands. It is wrong that foreigners are allowed to live there while we only have the right to visit.”
In January, the UN’s international tribunal for the law of the sea (ITLS) condemned the UK’s failure to hand over the territory to its former colony, Mauritius, as demanded by a near-unanimous vote at the organisation’s general assembly.
The assembly ruled that Chagossians have a right to return and that the refusal to allow them this constitutes a crime against humanity.
