Chagos Archipelago sovereignty dispute
In 1965, the United Kingdom split the Chagos Archipelago away from Mauritius, and the islands of Aldabra, Farquhar, and Desroches from the Seychelles, to form the British Indian Ocean Territory.
On 18 March 2015, the Permanent Court of Arbitration unanimously held that the marine protected area (MPA) which the United Kingdom declared around the Chagos Archipelago in April 2010 was created in violation of international law.
He described the ruling as an important milestone in the relentless struggle, at the political, diplomatic, and other levels, of successive Governments over the years for the effective exercise by Mauritius of the sovereignty it claims over the Chagos Archipelago.
[2][3] The UK apologised for the "shameful" way islanders were evicted from the Chagos Archipelago but were insistent that Mauritius was wrong to bring the dispute over sovereignty of the strategic atoll group to the United Nations’ highest court.
On 25 February 2019, the judges of the International Court of Justice by thirteen votes to one stated that the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible.
Among its preliminary objections, the Maldives argued that there was an unresolved sovereignty dispute between Mauritius and the UK over the Chagos Archipelago, which fell outside the scope of the ITLOS’s jurisdiction.
[6][7] On 3 November 2022, it was announced that the United Kingdom and Mauritius had decided to begin negotiations on sovereignty over the British Indian Ocean Territory, taking into account the recent international legal proceedings.
[9] In 1965, the United Kingdom split the Chagos Archipelago away from Mauritius with the agreement of the Mauritian government, and the islands of Aldabra, Farquhar, and Desroches from the Seychelles, to form the British Indian Ocean Territory.
[10][better source needed] On 18 March 2015, the Permanent Court of Arbitration unanimously held that the marine protected area (MPA) which the United Kingdom declared around the Chagos Archipelago in April 2010 was created in violation of international law.
He described the ruling as an important milestone in the relentless struggle, at the political, diplomatic, and other levels, of successive Governments over the years for the effective exercise by Mauritius of the sovereignty it claims over the Chagos Archipelago.
[11][12] The UK apologised for the "shameful" way islanders were evicted from the Chagos Archipelago but were insistent that Mauritius was wrong to bring the dispute over sovereignty of the strategic atoll group to the United Nations’ highest court and continues to refuse to allow them to return.
On 25 February 2019, the judges of the International Court of Justice by thirteen votes to one stated that the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible.
"[14] On 22 May 2019, the United Nations General Assembly debated and adopted a resolution that affirmed that the Chagos Archipelago, which has been occupied by the UK for more than 50 years, "forms an integral part of the territory of Mauritius".
[16] The resolution also has immediate practical consequences: the UN, its specialised agencies, and all other international organisations are now bound, as a matter of UN law, to support the decolonisation of Mauritius even if the UK continues to claim the area.
Among its preliminary objections, the Maldives argued that there was an unresolved sovereignty dispute between Mauritius and the UK over the Chagos Archipelago, which fell outside the scope of the ITLOS's jurisdiction.
[20] In October 2023, a paper by three legal academics with a foreword by Admiral The Lord West of Spithead opposed the transfer of the Chagos to Mauritius and argued such a move would be a "major self-inflicted blow" for the United Kingdom.
[24] Beginning in the late 15th century, Portuguese explorers began to venture into the Indian Ocean and recorded the location of Mauritius and the other Mascarene Islands, Rodrigues and Réunion (the latter presently a French overseas department).
[25] The final Constitutional Conference was held in London in September 1965 and was principally concerned with the debate between those Mauritian political leaders favouring independence and those preferring some form of continued association with the United Kingdom.
[25] Discussions over the detachment of the Chagos Archipelago continued in a series of meetings between certain Mauritian political leaders, including Sir Seewoosagur Ramgoolam, and the Secretary of State for the Colonies, Anthony Greenwood, coinciding with the Constitutional Conference of September 1965 in London.
The draft record of the Lancaster House Meeting set out the following:[25] Summing up the discussion, the SECRETARY OF STATE asked whether he could inform his colleagues that Dr. Seewoosagur Ramgoolam, Mr. Bissoondoyal and Mr. Mohamed were prepared to agree to the detachment of the Chagos Archipelago on the understanding that he would recommend to his colleagues the following:- Thereafter, Sir Seewoosagur Ramgoolam addressed a handwritten note to the Under-Secretary of State at the Colonial Office, Mr Trafford Smith, setting out further conditions relating to navigational and meteorological facilities on the Archipelago, fishing rights, emergency landing facilities, and the benefit of mineral or oil discoveries.
"[27][28] After initially denying that the islands were inhabited, British officials forcibly expelled approximately 2,000 Chagossians to mainland Mauritius to allow the United States to establish a military base on Diego Garcia.
[45] On 23 June 2017, the United Nations General Assembly (UNGA) voted in favour of referring the territorial dispute between Mauritius and the UK to the International Court of Justice (ICJ) in order to clarify the legal status of the Chagos Islands archipelago in the Indian Ocean.
[48][49] The UK apologised for the "shameful" way islanders were evicted from the Chagos Archipelago but were insistent that Mauritius was wrong to bring the dispute over sovereignty of the strategic atoll group to the United Nations' highest court.
On 25 February 2019, the judges of the International Court of Justice by thirteen votes to one stated that the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible.
[54] The resolution also has immediate practical consequences: the UN, its specialised agencies, and all other international organisations are now bound, as a matter of UN law, to support the decolonisation of Mauritius even if the UK continue to claim that it has no doubt about its sovereignty.
[55] On 22 May 2019, the United Nations General Assembly debated and adopted a resolution that affirmed that the Chagos Archipelago, which has been occupied by the UK for more than 50 years, "forms an integral part of the territory of Mauritius".
The resolution gives effect to an advisory opinion of the International Court of Justice (ICJ), demanded that the UK "withdraw its colonial administration ... unconditionally within a period of no more than six months".
Among its preliminary objections, the Maldives argued that a sovereignty dispute existed between Mauritius and the United Kingdom over the Chagos Archipelago, and that this issue fell outside ITLOS's jurisdiction.
They affirmed progress in their discussions, working towards a treaty that would establish Mauritius as the sovereign authority over the archipelago, while ensuring the continued operation of the Diego Garcia base.
However, the Mauritian government remained confident that a resolution would be reached shortly, with the Prime Minister stating that negotiations would continue with the aim of securing a mutually beneficial agreement.
