UNITED NATIONS (AP) - The U.N. General Assembly has approved a resolution asking the International Court of Justice for an advisory opinion on a dispute between Mauritius and the United Kingdom over the Chagos Islands. Those include Diego Garcia, where the United States has a major military base.

The resolution, strongly backed by African and nonaligned nations, was adopted Thursday by a vote of 94-15 with 65 abstentions.

Mauritius' Defense Minister Anerood Jugnauth told the assembly that Britain unlawfully took the Chagos Archipelago from Mauritius in 1965, three years before the island nation gained independence. He criticized Mauritius' "dismemberment."

Britain's U.N. Ambassador Matthew Rycroft strongly opposed the resolution, insisting the United Kingdom has sovereignty and reiterating that the Chagos Islands will be returned to Mauritius once they are no longer required for military purposes. </s> The United Nations General Assembly asked the International Court of Justice on Thursday to give an advisory opinion on the legal consequences of Britain's separation of the Chagos archipelago from Mauritius more than 50 years ago.

The request came in a resolution adopted with 94 votes in favour, 15 against and 65 abstentions. The Hague-based court is the principal judicial organ of the United Nations.

Britain has overseen the region since 1814 and in 1965 detached the Chagos islands from Mauritius, a colony that gained independence three years later, to create the British Indian Ocean Territory.

It leased the archipelago's biggest island, Diego Garcia, to the United States in 1966, paving the way for construction of an airbase that required the forced removal of some 2,000 people. </s> The U.N. General Assembly voted overwhelmingly Wednesday to demand that Britain end its "colonial administration" of the Chagos Islands, which include the U.S. air base on Diego Garcia, and return them to Mauritius within six months. The 193-member world body approved a resolution supporting an advisory opinion in February by the International Court of Justice that the Indian Ocean island chain be given back to Mauritius. The vote was 116-6 in favor, with 56 abstentions. The General Assembly resolution, like the court's ruling, is not legally binding but it does carry weight since the ruling came from the U.N.'s highest court and the assembly vote reflects world opinion.

The court said in its opinion that Britain had unlawfully carved up Mauritius, which the Chagos Archipelago was a part of, in 1965 when Mauritius was a British colony. It said that "the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible."

Mauritius Prime Minister Pravind Kumar Jugnauth said the court established the right of the people of Mauritius to self-determination which the U.K. violated "by excising the Chagos Archipelago" without their consent. He said all nations, including the United Kingdom, are obligated to comply with international law. Britain evicted about 2,000 people from the Chagos Archipelago in the 1960s and 1970s so the U.S. military could build the air base on Diego Garcia. Many resettled in the U.K. and have fought in British courts to return to the islands. </s> UNITED NATIONS: India was among 116 nations to vote in favour of a UN General Assembly resolution that demanded the UK withdraw its "colonial administration" from the Chagos Archipelago unconditionally within six months, supporting Mauritius in its quest for the restoration of sovereignty over the island chain in the Indian Ocean.

The General Assembly adopted the resolution Wednesday 'Advisory opinion of the International Court of Justice on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965' with 116 votes in favour, 56 abstentions and six nations voting against, including the UK, the United States, Australia, Israel and the Maldives.

The UK retained sovereignty over the islands after Mauritius gained its independence from Britain in 1968.

The islands have since been used for defence purposes by the UK and the United States, which established a military base on the island of Diego Garcia.

The entire Chagossian population was forcibly removed from the territory between 1967 and 1973, and prevented from returning.

The resolution welcomed the February 25, 2019 advisory opinion of the International Court of Justice (ICJ) on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965.

The principal judicial body of the UN had said in its opinion that the UK Government is "under an obligation" to end its administration of the Chagos Archipelago "as rapidly as possible".

The resolution affirmed, in accordance with the advisory opinion of the Court, that the Chagos Archipelago forms an integral part of the territory of Mauritius.

It demanded that the UK withdraw its colonial administration from the Chagos Archipelago 'unconditionally' within six months, enabling Mauritius to complete the decolonization of its territory as rapidly as possible.

India voted in support of the resolution, with its Permanent Representative to the UN Ambassador Syed Akbaruddin telling the 193-member that as part of New Delhi's "longstanding support to all peoples striving for decolonisation, India has consistently supported Mauritius in its quest for the restoration of sovereignty" over the Chagos Archipelago.

"In accordance with our consistent approach on this important issue of decolonization, India supports the draft resolution, submitted by Senegal on behalf of members of the Group of African States.

India, therefore, will vote in favour of the draft Resolution, he said adding that Mauritius is a fellow developing country from Africa, with which India has age-old people-to-people bonds.

Akbaruddin said the ICJ, the highest international legal authority that can consider such issues, has advised that all member states are under an obligation to cooperate with the United Nations in order to complete the decolonisation of Mauritius.

"India shares, with the international community, security concerns relating to the Indian Ocean.

We are conscious of the need for collective commitment towards ensuring the security and prosperity of our oceanic space.

However, this is a separate matter on which we urge the concerned Governments to reach a mutually agreeable understanding as soon as possible," Akbaruddin said.

Prime Minister of Mauritius Pravind Kumar Jugnauth told the UNGA meeting that the ICJ's findings show the "gravity and extent" of the wrongful act under international law that the colonial power has committed in carrying out the excision of the Chagos Archipelago from Mauritius in 1965 and maintaining the Chagos Archipelago as a colony ever since.

UK Permanent Representative to the UN Ambassador Karen Pierce told the General Assembly that Britain is not in doubt about its sovereignty over the British Indian Ocean territory.

"It has been under continuous British sovereignty since 1814. Contrary to what has been said today, it has never been part of the Republic of Mauritius," she said.

Pierce added that the joint United Kingdom and United States defence facility on the British Indian Ocean Territory plays a vital role in its efforts to keep "our allies and friends, including Mauritius, in the region, and beyond, safe and secure." </s> UNITED NATIONS (AP) — The U.N. General Assembly voted overwhelmingly Wednesday to demand that Britain end its "colonial administration" of the Chagos Islands, which include the U.S. air base on Diego Garcia, and return them to Mauritius within six months.

The 193-member world body approved a resolution supporting an advisory opinion in February by the International Court of Justice that the Indian Ocean island chain be given back to Mauritius. The vote was 116-6 in favor, with 56 abstentions.

The General Assembly resolution, like the court's ruling, is not legally binding but it does carry weight since the ruling came from the U.N.'s highest court and the assembly vote reflects world opinion.

The court said in its opinion that Britain had unlawfully carved up Mauritius, which the Chagos Archipelago was a part of, in 1965 when Mauritius was a British colony. It said that "the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible."

Britain disputes that the islands, which it calls the British Indian Ocean Territory, were ever a colony.

Britain's U.N. ambassador, Karen Pierce, told the assembly: "British Indian Ocean Territory has been under continuous British sovereignty since 1814. Mauritius has never held sovereignty over it and we do not recognize their claim."

Pierce expressed disappointment at the General Assembly vote, which saw only the U.S., Australia, Hungary, Israel and the Maldives support Britain.

But she said the islands remain under British sovereignty, "and it is not in our plan to give the islands to Mauritius."

Pierce said the United Kingdom stands by the 1965 agreement with the Mauritian Council of Ministers to detach the British Indian Ocean Territory in exchange for fishing rights and other benefits and a commitment "to cede the territory when it is no longer needed for defense purposes."

She stressed the importance of the U.S. and U.K defense facility on Diego Garcia to the safety and security of allies and friends, including Mauritius, in the region and beyond in the current "dangerous and uncertain" world.

"It is vital to efforts to combat conflict, terrorism, drugs, crime and piracy," Pierce said.

Mauritius Prime Minister Pravind Kumar Juqnauth told the assembly the court's landmark opinion "confirms the longstanding position of Mauritius and Africa that the decolonization of Mauritius ... will not be completed until Mauritius is able to exercise sovereignty over the Chagos Archipelago."

He said Mauritius "is extremely disappointed" in the position of the British government, noting that opposition Labour Party leader Jeremy Corbyn "has made clear his respect and support for the court's conclusions."

Jugnauth said the 1965 agreement on the Chagos Archipelago "was carried out under duress."

The prime minister said Mauritius has made public commitments at the General Assembly and at the International Court of Justice "that it is prepared to enter into a long-term arrangement with the U.S., or with the U.K. and the U.S., which would permit the unhindered operation of the defense facility in accordance with international law."

Jugnauth said the court established the right of the people of Mauritius to self-determination which the U.K. violated "by excising the Chagos Archipelago" without their consent. He said all nations, including the United Kingdom, are obligated to comply with international law.

Britain evicted about 2,000 people from the Chagos Archipelago in the 1960s and 1970s so the U.S. military could build the air base on Diego Garcia. Many resettled in the U.K. and have fought in British courts to return to the islands.

Jugnauth said their forcible eviction "remains a very dark episode of human history akin to a crime against humanity." But he said the court's advisory opinion gave "these Mauritian nationals who are now mostly in their 70s and 80s "a glimmer of hope."

Jugnauth said the court left it to the General Assembly to decide how rapidly Britain should hand over the islands and the African group, which drafted the resolution, decided on six months.

"This is more than sufficient time to smoothly bring an end to an administration that consists of no more than a handful of personnel," he said. </s> The United Nations has passed a resolution demanding the United Kingdom ends its administration of the Chagos Islands.

The General Assembly adopted a resolution based on findings by the UN’s International Court of Justice (ICJ) that Britain must hand back control of the archipelago to Mauritius within six months.

Britain forcibly evicted people from the islands, a sovereignty in the Indian Ocean disputed by the UK and Mauritius, in the 1960s and 1970s so the United States could build a military base.

On Wednesday, the UN Assembly backed by 116 votes to six a verdict by the ICJ that the UK’s detachment of the islands and their incorporation into the British Indian Ocean Territory was “unlawful”.

As well as the UK, the resolution was opposed by the United States, Australia, Hungary, Israel and the Maldives.

There were 56 abstentions, including France and Germany, from the vote, which is not legally binding but places huge diplomatic pressure on the UK.

A UN communique said: “Since the decolonisation of Mauritius was not conducted in a manner consistent with the right to self-determination, the Assembly affirmed, the continued administration of the Archipelago constitutes a wrongful act.

“It urged the United Kingdom to co-operate with Mauritius to facilitate the resettlement of Mauritian nationals, including those of Chagossian origin, in the Chagos Archipelago and to pose no impediment to such efforts.”

The Foreign Office said the joint UK-US defence facility on the British Indian Ocean Territory “helps to keep people in Britain and around the world safe from terrorism, organised crime and piracy”.

A spokesman said: “We have however made a longstanding commitment since 1965 to cede sovereignty of the territory to Mauritius when it is no longer required for defence purposes. We stand by that commitment.”

On Wednesday, Karen Pierce, the UK’s ambassador to the UN, said the issue had not been for the ICJ as it was currently a “bilateral sovereignty dispute”.

She also said the resolution would “set an unwelcome precedent” over sovereignty disputes “that should be of concern to member states”.

Dame Karen said: “The United Kingdom regrets that the General Assembly has today voted to adopt this resolution.

“The United Kingdom fully recognises the importance of the issue of decolonisation and the UN’s role in that. The United Kingdom … sincerely regrets the manner in which Chagossians were removed from British Indian Ocean territory in the 1960s and the 1970s and we are determined to improve their lives where they have resettled.”

The UK agreed a package including £3 million with Mauritius for the detachment of the archipelago in 1965.

Chagossians were forcibly removed between 1967 and 1973 to make way for a US military facility on Diego Garcia, the largest island in the group.

Mauritius, which gained independence in 1968, maintains that the islands are its own and Chagossians have also brought cases in British courts for the right to return. </s> United Nations, June 23: India has voted against the UK to back of a UN General Assembly resolution seeking the International Court of Justice's opinion on the decades-long dispute between Britain and Mauritius over a strategic island in the Indian Ocean.

In a diplomatic blow to Britain, the General Assembly on Thursday voted by 94 to 15 to ask the Hague-based court to examine the legal status of the Chagos Archipelago, which Mauritius maintains is part of its territory that has been unlawfully claimed by the UK since 1965. Britain cut off the Chagos Archipelago from Mauritius in 1965 before granting it independence in 1968. India was among the nations voting in favour of the resolution proposed by Mauritius and co-sponsored by the Group of African States.

"As part of our longstanding support to all peoples striving for decolonisation, we have also consistently supported Mauritius, a fellow developing country from Africa with whom we have age-old people to people bonds, in their quest for the restoration of their sovereignty over the Chagos Archipelago," India's Permanent Representative to the UN Ambassador Syed Akbaruddin said in his statement to the General Assembly on the resolution. Akbaruddin said India supports the draft and votes in favour of it, "continuing with our consistent approach on this important issue of decolonisation".

Speaking before the vote, Mauritius Minister Mentor and Minister for Defence Anerood Jugnauth told the 193-member General Assembly that the Chagos Archipelago has been part of his country since at least the 18th century, when France had governed it. He said the entire territory had been ceded to the United Kingdom in 1810, and kept intact until the unlawful excision of the Chagos Archipelago in November 1965.

He added that information had come to light about British efforts to manipulate the international community at the time, and to present the United Nations with a fait accompli regarding the separation. Those facts alone should warrant a fresh look at the situation, he emphasised. </s> UNITED NATIONS (Sputnik) — The ICJ is requested to provide an advisory opinion on whether "the process of decolonization of Mauritius [was] lawfully completed when Mauritius was granted independence in 1968, following the separation of the Chagos archipelago from Mauritius."

Moreover, the General Assembly is seeking the ICJ to clarify the consequences under international law that arise from the "continued administration by the United Kingdom of Great Britain and Northern Ireland of the Chagos Archipelago."

Speaking to the General Assembly before the vote, UK Ambassador to the United Nations Matthew Rycroft recalled that "the General Assembly has not concerned itself with this matter for decades… today’s debate has been called for other reasons."

Rycroft then explained the ICJ request is "an attempt by the Government of Mauritius to circumvent a vital principle: the principle that a state is not obliged to have its bilateral disputes submitted for judicial settlement without its consent," adding that the United Kingdom does not and would not give that consent.

The Chagos archipelago is a group of seven atolls comprising more than 60 individual tropical islands in the Indian Ocean and is officially part of the British Indian Ocean Territory.

In 1960s, several thousands of native Chagossians were forcibly deported from the island of Diego Garcia as the United Kingdom secretly leased the archipelago and detached it from Mauritius to make way for US ships and aircraft.

Islanders say the reserve, if created, would effectively ban them from returning. </s> In a setback for the United Kingdom, the General Assembly voted Tuesday to seek an opinion from the top U.N. court on Mauritius’ claim that Britain illegally maintains sovereignty over the Chagos Islands, including Diego Garcia, where the United States has a major military base in the Indian Ocean.

The resolution seeking an advisory opinion from the International Court of Justice was strongly backed by African and nonaligned nations, winning approval on a vote of 94-15 with 65 abstentions.

The loss for Britain came as it begins negotiations to leave the European Union, and there was a lack of support for the UK from the 27 other EU members. Cyprus voted in favour of the court referral and 22 EU nations, including Germany, France and Italy abstained. Only Bulgaria, Croatia, Hungary and Lithuania voted against the measure in support of Britain.

Mauritius’ defence minister, Anerood Jugnauth, told General Assembly members before the vote that the Chagos archipelago has been part of Mauritius since at least the 18th century and was unlawfully taken by the United Kingdom in 1965, three years before the island nation gained independence from Britain.

He said British Foreign Office memos from 1965 and 1966 reveal “shocking truths” of how the UK sought to present the United Nations with a fait acompli in “the dismemberment” of the Chagos islands and the eviction of the people living there.

British Ambassador Matthew Rycroft said the United Kingdom remains confident of its sovereignty over the islands, which it renamed the British Indian Ocean Territory after the 1965 agreement with authorities in Mauritius. He said the UK agreed at that time to return sovereignty to Mauritius whenever the archipelago was no longer needed for military purposes.

The UK concluded an agreement with the United States in 1966 to use the territory for defence purposes. It is now a forward operating location for aircraft and ships that contribute to regional and global security.

The U.S.-UK presence contributes “to guaranteeing the security of the Indian Ocean itself, from which all neighbouring states benefit, including Mauritius,” Rycroft said. “The facilities play a critical role in combating some of the most difficult and urgent problems of the 21st century, such as terrorism, international criminality, piracy and instability in many forms.”

Jugnauth said Mauritius has repeatedly stated “that we do not have any problem with the military base, but that our decolonization process should be completed.”

“More than five decades have passed, and now is the time to act,” he said.

Rycroft accused Mauritius of circumventing “a vital principle” that a country isn’t obliged to have a bilateral dispute submitted for a judicial settlement without its consent — “and let me be clear: we do not and we would not give that consent, because we are clear about what was agreed with Mauritius.”

The resolution asks the International Court of Justice two questions: Was the process of decolonization of Mauritius lawfully completed in 1968. What are the consequences under international law of the UK’s continued administration, including with respect to the inability to resettle Chagos residents on the islands?

U.S. Deputy Ambassador Michele Sison strongly backed the UK, warning that establishing a precedent of going to the court “is dangerous for all U.N. member states.”

The International Court of Justice needs to consider “whether it would be appropriate for it to respond to this request,” Sison said. “In our view it would not.” </s> Mauritius supported by 94 nations in move to consult The Hague over colonial hold of Indian Ocean territory by British

The UK has suffered a humiliating defeat at the United Nations general assembly in a vote over decolonisation and its residual hold over disputed territory in the Indian Ocean.

By a margin of 94 to 15 countries, delegates supported a Mauritian-backed resolution to seek an advisory opinion from the international court of justice (ICJ) in The Hague on the legal status of the Chagos Islands.

Britain in danger of losing vote in UN over fate of Chagos Islands Read more

A further 65 countries abstained on Thursday, including many EU states who might have been expected to vote in support of another bloc member.

Among EU members who abstained were France, Germany, Spain, Denmark, Belgium, the Netherlands, Estonia, Latvia, Greece and Finland. Canada and Switzerland also abstained.

Speaking after the vote Jagdish Koonjul, the Mauritian representative at the UN, said: “I’m elated. The results are beyond my expectations. It’s interesting that the EU didn’t support the UK. Even some of the countries that supported the UK agreed that this was an issue of decolonisation. Now we wait to see what the UK will do as a result of the vote. We have given the US full comfort of a long-term lease [for the Diego Garcia base] that would be renewable [if sovereignty passed to Mauritius].”

The resolution, though only in favour of obtaining a non-binding legal opinion, is a blow to the UK’s international prestige and demonstrates the limited diplomatic influence wielded by the British foreign secretary, Boris Johnson, at the UN.

Philippe Sands (@philippesands) #UNGA votes overwhelmingly to refer the questions of #Chagos #selfdetermination and decolonisation of #Mauritius to #ICJ pic.twitter.com/oEarRFurUc

The row between Mauritius and the UK – over what Britain terms BIOT, or British Indian Ocean Territory – has become increasingly acrimonious in recent years.

In 1965, three years before Mauritius was granted independence, the UK decided to separate the Chagos Islands, an archipelago, from the rest of its Indian Ocean colony. The Mauritian government claims this was in breach of UN resolution 1514, passed in 1960, which specifically banned the breakup of colonies before independence.

Most of the 1,500 islanders were deported so that the largest island, Diego Garcia, could be leased to the US for a strategic airbase in 1971. The US was one of the few countries that publicly backed the UK over the islands’ fate. The islanders have never been allowed to return home.

The UK has promised to return the Chagos Islands to Mauritius when they are no longer needed for defence purposes, but has refused to give a date.

Two years ago Mauritius won a ruling at the permanent court of arbitration at The Hague saying Britain had acted illegally in the way it had exercised territorial control over the Chagos Islands. The court criticised the UK for failing to consult over establishing a marine protection zone around what is now the British Indian Ocean Territory.

The fact that Diego Garcia was used by the CIA after 9/11 in rendition and interrogation operations may have alienated many states from the UK’s cause.



Facebook Twitter Pinterest Diego Garcia, the Chagos island which hosts a US military base leased from Britain. Photograph: Reuters

Urging delegates at the UN general assembly to oppose the resolution, the UK permanent representative, Matthew Rycroft, warned: “This could set a precedent that many of you in this hall could come to regret.” He added that “the resolution for an advisory opinion is an attempt by the government of Mauritius to circumvent the principle” – referring to the principle that a state could only be involved at the ICJ through its own consent.

The UK, Rycroft added, would not consent to the Chagos Islands being taken to the court. The dispute, he said, should be left as a bilateral issue for the UK and Mauritius to deal with through direct negotiations, and that the Chagos Islands were still needed for security purposes.

Chagos islanders go to supreme court in battle to be allowed home Read more

Philipe Sands QC, who attended the UN debate, and is acting as legal counsel for Mauritius, said: “The vote, passed with an overwhelming majority, sends a strong signal about the UN’s attachment to decolonisation. That Britain was able to obtain the support of barely a dozen countries, including just four EU members and no permanent member of the security council apart from the US, will, hopefully, give it pause for thought about its position on Chagos.

“Its arguments that Chagos is about security and a bilateral matter between it and Mauritius were given short shrift. The message is clear: the UN wants the world court to rule on Chagos, and seeks the court’s advice and assistance in bringing colonialism to an end.”

Advisory opinions at the ICJ are normally triggered by a formal request from the UN secretary general. The court can request submissions from member states and those involved in a dispute.

Although its findings are normally non binding, the ICJ’s advisory opinions carry some legal influence and moral authority.

The Foreign Office labelled the outcome “disappointing”.

“Sovereignty of the British Indian Ocean Territory is clearly a matter for the UK and Mauritius to resolve ourselves. Taking this dispute to the international court of justice is an inappropriate use of the ICJ mechanism. This is reflected in the fact that over half of General Assembly members did not vote for the resolution,” a Foreign Office spokesperson said.

“While we do not recognise Mauritius’s claim to sovereignty over the islands, we have committed to cede them to Mauritius when the territory is no longer required for defence purposes. We will be robustly defending our position at the ICJ.”

David Snoxell, coordinator of the all party parliamentary group on the Chagos Islands and a former British diplomat, welcomed the UN vote.

“This was a brilliant result for Mauritius and the Chagossians. Apart from the sovereignty issue, now referred to the ICJ, the resolution was a means of bringing to the attention of the UN general assembly the travesty of the UK’s treatment of the Chagossian people since 1965 when the [general assembly] last considered the Chagos Islands,” Snoxell said.

“174 states took part in the debate but only 15 sided with the UK. That sends a clear message to the British government that the UN expects the UK to bring this relic of the cold war to an end.”
In a vote at the United Nations General Assembly, 94 states support a Mauritius-sponsored resolution to seek an advisory opinion from the International Court of Justice on the legal status of the disputed Chagos Archipelago.