Chagos Litigation: From Emergency Injunction to Self-Determination

Imperium Chambers is pleased to confirm that Kareesha Turner has been instructed in the ongoing Chagos dispute, a matter which has rapidly evolved into one of the most significant and complex public law and international law issues in recent years.

The Beginning: The Mandarin Landing and Urgent Relief

On 20 February 2026, Kareesha successfully obtained urgent injunctive relief in favour of her clients, preventing their immediate removal from the British Indian Ocean Territory (BIOT). This followed the historic landing of the Mandarin claimants, led by Mr Adam Holloway, on Île du Coin, Peros Banhos, having travelled aboard the vessel SY No Excuse.

The landing itself marked a turning point. For the first time in decades, individuals of Chagossian origin physically returned to the outer islands, not merely as visitors, but as part of a broader protest and assertion of rights.

The Court granted interim relief to restrain the execution of removal notices issued under the Immigration Order 2004, recognising the urgency and gravity of the situation.

This injunction marked the start of a fast-moving and high-profile piece of litigation.

The Judgment: A Reassessment of Section 9

Following a rolled-up hearing, the Supreme Court of the BIOT delivered judgment on 31 March 2026, addressing fundamental questions concerning the legality of the BIOT constitutional framework.

At the heart of the case was Section 9 of the Constitutional Order 2004, which provides that:

“no person has the right of abode in the Territory.”

The Court undertook a detailed historical and legal analysis of the provision, placing it within the wider context of the creation of BIOT and the forced removal of the Chagossian population between 1966 and 1972.

Importantly, the Court acknowledged:

• that there was a settled population on the islands prior to their removal ;
• that earlier government positions denying such a population were historically unsustainable; and
• that the legal framework governing entry and residence must be assessed against that background.

In its conclusions, the Court quashed Section 9 of the Constitutional Order 2004, thereby removing the absolute prohibition on a right of abode and opening the door, at least in principle, to reconsideration of access, residence, and resettlement.

The judgment also addressed issues of:

• procedural fairness in the issuing of removal notices;
• the limits of executive power; and
• the relationship between domestic law and international legal principles.

Humanitarian Missions and Continued Engagement

Following the judgment, Kareesha Turner has continued to act for those involved in the humanitarian mission to the islands.

Permits were subsequently granted for the return of SY No Excuse to Île du Coin, marking what was described as a “significant step forward” in the mission.

The vessel returned to the island on multiple occasions to provide humanitarian assistance, including essential supplies and support to those present.

Beyond Litigation: The Question of Self-Determination

While the litigation has focused on access, permits, and removal, Kareesha has also been instructed to consider the wider and more fundamental issues arising from the Chagos dispute.

In particular, attention is now turning to the question of self-determination.

The historical record, as recognised by the Court, includes:

• the forced removal of the Chagossian population;
• the long-standing denial of return; and
• the continuing absence of meaningful participation in decisions affecting their homeland.

These issues are closely linked to international law principles, including those articulated by the International Court of Justice in its 2019 Advisory Opinion, which concluded that the process of decolonisation of Mauritius was not lawfully completed and emphasised the need to address the rights of those of Chagossian origin.

International Engagement: CERD and Ongoing Work

In April 2026, Kareesha submitted her own findings following a visit to Mauritius, focusing on the current conditions and treatment of Chagossians, including issues of access, documentation, and discrimination.

These findings are now being utilised as part of further submissions to the United Nations Committee on the Elimination of Racial Discrimination (CERD).

CERD is a treaty body responsible for monitoring compliance with the International Convention on the Elimination of All Forms of Racial Discrimination, and provides a forum through which systemic issues affecting marginalised communities can be raised at an international level.

The work undertaken seeks to:

• document the lived realities of Chagossians in Mauritius;
• identify potential breaches of international obligations; and
• contribute to a broader legal and evidential framework for future engagement.

Conclusion

The Chagos dispute has entered a new phase.

What began as an urgent application to prevent removal has developed into:

• a landmark constitutional challenge;
• an ongoing humanitarian effort; and
• a potential reframing of the legal debate towards self-determination.

Ms Turner continues to be instructed across all aspects of this evolving matter, combining domestic litigation, international law engagement, and strategic advisory work.

Further developments are expected.

5 May 2026