30 May 2025·Ministry of Defence·Answered
AskedWith reference to Article 5 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), whether his Department has contingency plans to address potential restrictions on operations at Naval Support Facility Diego Garcia in the event of the Government of Mauritius citing infringements of the Mauritian environmental laws.
ReplyThe United Kingdom is not bound by Mauritian environmental law. Under Article 5, the UK will apply applicable international environmental law with due regard to applicable Mauritian environmental laws; this reflects the long-standing Defence policy of applying both our own and our host nations' environmental standards so far as it is reasonably practicable.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 5 of Annex 1 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what estimate he has made of the cost of providing assistance to the Government of Mauritius to (a) monitor, (b) detect, and (c) adjudicate security risks and (d) conduct security reviews over the first ten years of the Agreement.
ReplyAs set out in the new UK-Mauritius Strategic Partnership Framework, Mauritius and the United Kingdom will cooperate on matters relating to maritime security. Further engagement on the details of this cooperation with Mauritius is ongoing. Securing the future operation of the Base on Diego Garcia was the objective of the treaty with Mauritius and that will remain the objective in the work to operationalise the treaty.
30 May 2025·Foreign, Commonwealth and Development Office·Answered
AskedCommonwealth and Development Affairs, with reference to Article 18 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), if he will set out the (a) internal requirements and (b) procedures that the UK must complete for the Agreement’s entry into force; and what his planned timeline is for the completion of these steps.
ReplyThe explanatory memorandum in sections 4 and section 5 sets out the process for both Entry into force and implementation.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what steps his Department is taking to ensure the storage of (a) fuel and (b) weapons in Diego Garcia as defined in Article 19 of the Agreement (i) comply with the environmental laws of the Government of Mauritius and (ii) maintain operational readiness.
ReplyThe United Kingdom is not bound by Mauritian environmental law. Under Article 5, the UK will apply applicable international environmental law with due regard to applicable Mauritian environmental laws; this reflects the long-standing Defence policy of applying both our own and our host nations' environmental standards so far as it is reasonably practicable. Annex 1.2.ii explicitly puts the management of fuels, weapons and other hazardous materials under UK control.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 8(e) of Annex 2 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what steps his Department plans to take to assist the Government of Mauritius prevent unlicensed commercial fishing in Diego Garcia as defined in Article 19 of the Agreement.
ReplyIn conjunction with the steps taken elsewhere in Government, the Ministry of Defence will assess the capability of Mauritius to secure its Exclusive Economic Zone and will provide targeted support, including through training, to strengthen efforts to counter illegal, unregulated and unreported fishing and support a secure and prosperous Indian Ocean region.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to Article 15 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), if he will set out the arbitration procedures under paragraph 4.
ReplyThe procedures concerning paragraph 4 of Article 15 are set out in Annex 4.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 3(b) of Annex 1 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what procedures his Department plans to use to notify the Government of Mauritius of the (a) maintenance and (b) upgrade of equipment in the Chagos Archipelago beyond Diego Garcia as defined in Article 19 of the Agreement.
ReplyThe Joint Commission, as set out in Annex 3(6)a of the treaty, has the remit of serving as a forum for dialogue between the Parties, including the exchange of information regarding the security and protection of, and activities within, the Chagos Archipelago.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to Article 3(2)(c) of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what steps his Department plans to take to maintain the (a) defence and (b) security of Diego Garcia as defined in Article 19 of the Agreement; and how his Department will coordinate this with the Government of Mauritius.
ReplyThe objective of the treaty and the substantive obligation on both parties is the long-term, secure and effective operation of the base on Diego Garcia. Therefore, the treaty itself is designed to secure and protect the base and every obligation in the treaty is read in light of this obligation. This includes the fact that the UK has responsibility for the defence and security on Diego Garcia. Implementation measures, including the Strategic Partnership Framework, are being constructed against this treaty premise; Ministry of Defence relations with the Government of Mauritius will be supported in country by establishing a new non-Resident Defence Adviser position.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 2 of Annex 2 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what discussions he has had with his United States counterpart on potential agreements on the jurisdiction of US personnel in Diego Garcia as defined by Article 19 of the Agreement.
ReplyWith reference to paragraph 2 of Annex 2 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), the jurisdiction of US personnel on Diego Garcia is set out in the UK-US Exchange of Notes (EoN).
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 8 of Annex 2 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what steps his Department plans to take to provide assistance to the Government of Mauritius to help prevent unlicensed commercial fishing around Diego Garcia as defined in Article 19 of the Agreement; and what estimate has he made of the cost to the public purse of such assistance over the next ten years.
ReplyIn conjunction with the steps taken elsewhere in Government, the Ministry of Defence will assess the capability of Mauritius to secure its Exclusive Economic Zone and will provide targeted support, including through training, to strengthen efforts to counter illegal, unregulated and unreported fishing and support a secure and prosperous Indian Ocean region.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 6(b) of Annex 1 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what steps he plans to take to ensure that the UK's submission does not compromise the Naval Support Facility Diego Garcia’s operations.
ReplyThe UK is not obligated under the treaty to provide any operationally sensitive detail to Mauritius. Any submissions made under Annex 1 paragraph 6 will undergo assessment by the UK in consultation with the US to ensure operations are not compromised.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 8(a) of Annex 2 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what estimate he has made of the cost to the public purse of providing assistance to the Government of Mauritius in the provision of (a) facilities and (b) amenities for Mauritian law enforcement officials on Diego Garcia as defined in Article 19 of the Agreement over the next ten years.
ReplyAs per paragraph 10 of Annex 2, the UK and Mauritius will be agreeing separate arrangements and operating procedures as necessary to assist and facilitate the exercise of Mauritian jurisdiction in respect to paragraph 8. There will be no additional facilities on island to enable Mauritian jurisdiction.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 1(b)(viii) of Annex 1 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what notification protocols his Department will establish for (a) non-United Kingdom and (b) non-United States aircraft accessing Diego Garcia as defined in Article 19 of the Agreement.
ReplyAircraft accessing Diego Garcia will maintain standard notification practices for flight information regions, which exist in the Indian Ocean flight information zone and other international flight information zones.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 1(v) of Annex 1 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), whether the (a) installation and (b) repair of communication systems in Diego Garcia as defined by Article 19 of the Agreement are subject to oversight by the Government of Mauritius.
ReplyParagraph 1(b)(v) of Annex 1 of the treaty is clear that the UK has unrestricted ability to authorise the installation, operation and repair of new and existing communication systems and electronic systems and associated cables.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 3(a) of Annex 1 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what steps his Department plans to take to ensure United Kingdom vessels have unrestricted undersea access in the Chagos Archipelago beyond Diego Garcia as defined in paragraph 11(b) of Annex 1.
ReplyIn respect of the Chagos Archipelago beyond Diego Garcia, vessels and aircraft of the United Kingdom and the United States of America shall have unrestricted rights of overflight, navigation and undersea access, as at present.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 2 of Article 10 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), how will his Department provide reasons; and what safeguards he is putting in place to ensure compliance with applicable laws.
ReplyFuture contracts falling under Article 10 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025) shall be subject to normal scrutiny and award processes. The provision of reasons to the Government of Mauritius for the non-award of a contract shall be on diplomatic channels.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to Article 9(1) of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), how he will exercise (a) prescriptive and (b) adjudicative jurisdiction over Diego Garcia as defined in Article 19 of the Agreement to ensure operational continuity.
ReplyThe prescriptive enforcement and adjudicative jurisdiction afforded to the United Kingdom under the agreement enables the UK to write, enforce, and adjudicate laws applicable on Diego Garcia. The detail of His Majesty’s Government's approach will be set out in implementing legislation.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 1(b)(viii) of Annex 1 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what security protocols his Department will establish for (a) non-United Kingdom and (b) non-United States vessels accessing Diego Garcia as defined in Article 19 of the Agreement.
ReplyThis provision enables the United Kingdom to permit and control access to Diego Garcia by partner states. No further security protocols are required.
30 May 2025·Ministry of Defence·Answered
AskedWith reference to paragraph 7 of Annex 1 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what mechanism his Department will use to notify the Government of Mauritius of ongoing activities in the Chagos Archipelago as defined in paragraph 11(b) of the Agreement that risk conflicting with the long-term, secure and effective operation of Naval Support Facility Diego Garcia.
ReplyA Joint Commission will oversee the implementation of the treaty and will discuss issues relating to the effective operation of the base on Diego Garcia.
30 May 2025·Foreign, Commonwealth and Development Office·Answered
AskedCommonwealth and Development Affairs, with reference to paragraph 6(e) of Annex 1 of the document entitled UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia (CS Mauritius No.1/2025), what steps his Department would be able to take under the Agreement if the Government of Mauritius breached the terms of the Agreement.
ReplyBoth sides have negotiated this Agreement in good faith and we are confident that Mauritius intends to uphold it in full, just as we will. Were an issue to arise in relation to the interpretation or application of the Agreement, that would be resolved in accordance with the dispute settlement provisions in the treaty. While any disputes were being resolved, the Agreement would remain in force and we would have the full legal basis to continue to exercise all the rights and authorities necessary for the operation of the base, as well as the legally binding protections to keep our adversaries out of the area.