Starmer’s Chagos surrender is facing further uncertainty after the Maldives threatened to mount a legal challenge to the deal.
The move could collapse the divisive agreement under which Britain will hand over £35billion and UK sovereignty to Mauritius to secure the use of the military base there for 99 years.
A Maldivian foreign office spokesman said that the country was ‘exploring options’ for a legal challenge against the deal.
The South Asian nation asserted a territorial claim over the archipelago, saying its claims superseded those made by its Mauritian neighbours.
A government spokesman for the Maldives said that Britain’s plans were not ‘adequately grounded in international legal principles’.
The Maldivian government said that it would be seeking ‘all lawful avenues available’ to halt the transfer.
It is the latest setback for Keir Starmer’s Chagos giveaway. The agreement descended into farce this week after a minister admitted it was on hold before he was slapped down by his own department.
The renewed uncertainty came after Donald Trump’s dizzying changes in position. Most recently, he urged Sir Keir to scrap the agreement.
Chagossians, pictured, protesting against the proposed plan by the British government to hand over the islands to Mauritius in January
Donald Trump warned the hand-over would be a ‘big mistake’ and that it would be a ‘blight on our great ally’, prompting officials to scramble for crisis talks with their counterparts in Washington.
Foreign Office minister Hamish Falconer twice assured the Commons that the government was ‘pausing’ Parliament’s consideration of its controversial giveaway before the Foreign Office itself confirmed ‘there is no pause’.
A spokesman said: ‘We have never set a deadline. Timings will be announced in the usual way.
‘We are continuing discussions with the US and we have been clear we will not proceed without their support.’
The Maldivian government said it would not rule out any legal or diplomatic avenues to challenge the Chagos agreement.
A spokesman for the Maldives foreign ministry told The Telegraph: ‘The Government of the Republic of Maldives remains committed to protecting and advancing the sovereign rights and maritime interests of the Maldivians in accordance with international law.
‘At present, the Maldives has not formally instituted proceedings at the International Court of Justice (ICJ) against any state concerning sovereignty over the Chagos Archipelago.
‘We are exploring our options now. We are doing a comprehensive legal review and consultations with international legal experts and relevant domestic authorities are ongoing.
An aerial view of the Diego Garcia base in the Chagos archipelago
‘Acknowledging the complexity of historical, legal, and geopolitical issues surrounding the Chagos dispute, the government continues to assess all lawful avenues available to uphold Maldives’ national interests.’
The spokesman added that it had written to the British government directly in November 2024 and January 2026 to make clear its diplomatic objections to the deal.
‘Maldives has not ruled out pursuing additional legal or diplomatic avenues consistent with international law should negotiations remain unresolved and its concerns unaddressed,’ the spokesman added.
Azima Shakoor, a former attorney general of the Maldives involved in Chagos advocacy, said: ‘Chagos is our land and it should be returned to us. The Maldives has better claims to the Chagos Islands and we have a legal right to this land.
‘The British government should respect this right of the Maldivians and completely stop the process of handing over Chagos to Mauritius so as to give time for the Maldives to use the international legal framework to establish its legal rights.’
It is understood that any legal challenge will be made at the ICJ.
The PM is now being urged to end the uncertainty and axe the deal completely after President Trump withdrew his support for it a second time.
Shadow Foreign Secretary Dame Priti Patel said: ‘Labour’s Chagos surrender has descended into a farce. The unprofessional conduct of ministers shows they don’t even know what’s going on with their own legislation.
‘This is a total embarrassment not just for the government but for our country on the international stage. Not only are Labour pursuing a terrible deal – handing over our sovereign territory and taxpayers’ cash to China – they are doing it in the most incompetent manner imaginable.’
Earlier this month, Keir Starmer threatened to arrest a resettlement party who arrived in their Chagos homeland to reclaim their territory.
Mr Mandarin, who was forcibly removed from the island by Britain when he was 14, along with his father Michael, 74, faces three years in jail and a fine of £3,000 if they stay on the archipelago.
However, Misley Mandarin, the Chagossian first minister and three other islanders currently based there will be able to stay on Île du Coin until at least March 13.
Nigel Farage, who attempted to reach Chagos last week, raised the case of the exiled islanders in this week’s Prime Minister’s questions, asking Sir Keir: ‘This government are full of human rights lawyers, within and without; why do the opinions and human rights of indigenous Chagossians not matter to him at all?’
Stephen Doughty, a foreign office minister said this week: ‘We continue to speak to our counterparts in the Maldives on a regular basis about a range of issues.
‘However, I would reiterate…that the question of sovereignty over the Chagos Archipelago is a matter for the UK and Mauritius, which is why the previous government launched negotiations with Mauritius on the issue in 2022, rather than with the Maldives.’
