Self-Determination In The Post-Colonial Era: Prospects For The Chagossians

Abstract

Stephen Allen's chapter discusses in detail litigation brought by Chagossians before English courts between 2000 and 2008. This chapter focuses on the status of Chagossians in international law and their right to self-determination. It will also discuss the status of the British Indian Ocean Territory (BIOT ) in international law within the context of the contestation over the BIOT 's sovereignty from Mauritius. Chagossians will only be able to exercise their right to self-determination if they are able to return to their territory; this chapter therefore discusses Chagossians' right to restitution, including their right to return to their homeland, and to receive adequate financial compensation for their forcible removals. This chapter will show that international law prohibits forcible transfer and exile of populations. This chapter will argue that the law of political decolonisation is nonetheless applicable to the Chagos matter. Keywords: British Indian Ocean Territory (BIOT ); Chagossians; international law; stephen allen