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Chagossians Make Their Case as Court of Appeal Hearing Enters Second Day

As the Court of Appeal hearing reaches day two, lawyers for the Chagossian people put their case, with the fight increasingly turning on the Right of Abode and prerogative power.

Great British PAC · 16 July 2026

Chagossians Make Their Case as Court of Appeal Hearing Enters Second Day

The courtroom struggle over the destiny of the Chagos Islands moved into its second day, with counsel for the Chagossian people stepping forward to set out their arguments before the Court of Appeal.

A day earlier, the judges had listened to submissions from lawyers for the Government, which is attempting to reverse an earlier decision that permitted Chagossians to stay on the islands.

At the core of the dispute are the rights of a people, many of whom were forced from their homeland across the 1960s and 1970s so that the military base on Diego Garcia could be built.

A debate that has shifted ground

Earlier rounds of litigation tended to dwell on questions of cost, security and whether resettlement was realistic. Observers now point out that the argument has moved steadily onto constitutional and legal terrain, focused on the Right of Abode and the authority wielded through the Royal Prerogative and Orders in Council.

That shift follows the return of Chagossians to parts of the archipelago and the establishment of a permanent presence there, which has cut the ground from under long-held assertions that resettlement could never work in practice.

Misley Mandarin, Interim First Minister of the Chagossian Government-in-Exile, who is currently living on the Chagos Islands, said the facts on the ground had transformed the character of the debate. Speaking from the Chagos Islands, he said:

"Yesterday, the Government's lawyers made their case. Today, the Chagossians make ours.

For years, Governments argued that Chagossians could not return because of cost, security and practical concerns.

Yet today I am speaking to you from the Chagos Islands.

Chagossians are living here.

We are proving every day that our homeland is not some theoretical concept in a courtroom. It is our home.

The debate now appears to be shifting away from whether Chagossians can live on these islands and towards technical legal arguments about who has the power to decide whether we have that right.

But beneath all the legal language lies a very simple question. Should the Chagossian people have the right to determine their own future?

I believe the answer is obvious.

We are the indigenous people of these islands. We are the people whose families were removed. We are the people whose homeland is at stake.

The Chagossian people have made their wishes clear. We want our islands to remain British. We want the right to return home as British citizens. We want our future to be determined by the people of the Chagos Islands, not by politicians and officials thousands of miles away.

If self-determination is a human right for every other people on earth, then it must be a human right for the Chagossians too.

Today, our legal team will make that case before the Court of Appeal.

I hope the judges will remember that behind every legal argument are real people, real families and a homeland that means everything to us."

Who holds the power to decide?

The appeal turns on a constitutional question of growing weight: where does the authority lie to settle the future rights of the Chagossian people? Legal observers note that cost and security feature less prominently than in earlier cases, with attention now trained on the legal force of Orders in Council, the reach of the Royal Prerogative, and whether long-established rights can be curtailed or stripped away by those means.

The proceedings also reach back into constitutional principles laid down centuries ago, among them Campbell v Hall, a landmark authority routinely invoked in disputes over the boundaries of prerogative power. Many legal commentators judge the constitutional questions weighty enough that the case may in the end reach the Judicial Committee of the Privy Council.

A simple question for the islanders

For the Chagossians, the matter remains straightforward. As the indigenous people of the Chagos Islands, they contend, they are entitled to the same right of self-determination granted to peoples elsewhere in the world, and should hold a decisive voice over the future of their homeland. The hearing continues.

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