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.”</s>Britain could lose sovereignty over a Mauritian island used as a defence base after EU countries refused to support the UK in a UN vote over the dispute.

The General Assembly voted Tuesday to seek an opinion from the top UN 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.

Only Bulgaria, Croatia, Hungary and Lithuania contested the measure in support of Britain, as the vote was approved by a winning margin 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 favor of the court referral and 22 EU nations including Germany, France and Italy abstained.

Mauritius' defense 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 their evidence 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 defense purposes.

It is now a forward operating location for aircraft and ships that contribute to regional and global security.

Rycroft said the US-UK presence contributes 'to guaranteeing the security of the Indian Ocean itself, from which all neighboring states benefit, including Mauritius'.

'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,' he said, adding it was clear what had been agreed with Mauritius.

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.

The resolution asks the International Court of Justice two questions - was the process of decolonisation of Mauritius lawfully completed in 1968 - and 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?

US Deputy Ambassador Michele Sison strongly backed the UK, warning that establishing a precedent of going to the court 'is dangerous for all UN 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>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>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>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>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 an island in the Indian Ocean. In a diplomatic blow to Britain, the General Assembly 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.

He said “a vote for the draft resolution […] is a vote in support of completing the process of decolonisation, respect for international law and the rule of law.”

Akbaruddin said as a country that has gone through the throes of decolonisation, India since its own independence in 1947, has always been in the forefront of the struggle against colonialism and apartheid.

He stressed that India shares with the international community, security concerns relating to the Indian Ocean.

“We are conscious of our collective commitment towards ensuring the security and prosperity of our oceanic space. On balance, however, it is a matter of principle for India to uphold the process of decolonisation and the respect for sovereignty of nations,” Akbaruddin said.

The archipelago’s biggest island Diego Garcia is the site of a major British-American military base that is still in operation and served as a key US base during the Iraq and Afghanistan conflicts.

The US voted against the draft resolution saying it was an attempt to circumvent the ICJ’s lack of jurisdiction over a bilateral issue in which one of the parties had not consented to the submission.

It said the military base on Diego Garcia, jointly operated by the United States and the United Kingdom, was critical to regional and global security. The US said the issue was not decolonisation, but a bilateral territorial dispute that would undermine the Court’s advisory function.

Britain’s envoy to the UN Matthew Rycroft said the UK is opposing the resolution “because referring a bilateral dispute to the ICJ is not the appropriate course of action.

“The request for an advisory opinion 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. 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,” he said.

Rycroft added that UK created the British Indian Ocean Territory for defence purposes, and in 1966, concluded an agreement with the United States of America for joint defence use of the territory. “The extensive facilities that have since been established, are primarily used as a forward operating location for aircraft and ships, and they make an essential contribution to regional and global security and stability,” he said.

He noted that Britain’s current agreement with the United States regarding the use of the Archipelago as a military base lasts until 2036.

“We cannot, 19 years away, predict exactly what our defence purposes will require beyond that date. We should not and will not make arbitrary, or ill-informed, or premature decisions. We cannot gamble with the future of regional and global security,” he said.

The British envoy asserted that UK stands by its commitment that when it no longer needs the territory for defence purposes, it will pass on the Archipelago’s sovereignty.

For all the latest India News, download Indian Express App</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>On Thursday, Britain lost the first battle. In a vote in the General Assembly, 94 countries voted to ask the International Court of Justice to render an opinion on which country has sovereignty over the Chagos Islands. Fifteen countries sided with Britain and voted against the resolution, and 65 countries abstained, effectively sending the case to the court.

The court will be asked to weigh in with an advisory opinion that is not enforceable.

Britain holds a permanent seat on the powerful Security Council, and British diplomats contend that even though the country intends to withdraw from the European Union, it is not withdrawing from Europe or its role in the world.

In part, the British defeat in the General Assembly refects, as Richard Gowan, a British expert on the United Nations at the European Council on Foreign Relations, put it, an opportunity for countries to “bash their old colonial masters.” Indeed, the vast majority of former British colonies sided with Mauritius.

“Yet the vote also reflects Brexit Britain’s perilous diplomatic position,” Mr. Gowan said. “The fact that most E.U. members abstained rather than backing the U.K. highlights its isolation.”

Most European countries, including France, Germany and the Netherlands, abstained. So did China.

Britain, once the most powerful European colonial power, held territory stretching from Cape Town to Calcutta to the Caribbean. Its colonies began to win independence, sometimes through armed rebellion, after the two world wars, leaving London with only a handful of territories.

Among them is the Chagos Archipelago in the Indian Ocean, roughly between the Maldives and Mauritius.

Matthew Rycroft, the British ambassador to the United Nations, made the case to the General Assembly that Britain had told Mauritius that it would “cede” its claim to the Chagos Islands when they were no longer required for military purposes.

In what seemed to be a warning about possible challenges to other former colonial powers that maintain a small number of territories around the world, Mr. Rycroft said the General Assembly should not interfere in a dispute between countries, and should let Britain and Mauritius resolve the dispute themselves. “Just think: How many other bilateral disputes left over from history could be brought before the General Assembly this way?” he said. “The present draft resolution could set a precedent that many of you in this hall could come to regret.”

Britain had emptied the Chagos Islands of its inhabitants, and while it would not consent to letting them return, Mr. Rycroft said Britain had offered aid to help them in the countries where they now live, including Britain.

The United States was firmly in the British corner. In early June, the United States ambassador to the United Nations, Nikki R. Haley, sent a letter to diplomatic missions in New York, urging them to vote against the resolution. The letter warned of setting a “precedent for future bilateral disputes.” Ms. Haley went on to note that the United States had jointly operated a base on the Diego Garcia with Britain and that it did not wish to negotiate with Mauritius on such a matter.

Speaking on behalf of Mauritius, Anerood Jugnauth, a former prime minister, accused Britain of illegally retaining control of the Chagos Islands when it agreed to the independence of Mauritius, calling it “an unlawful excision.”

As for the military base, Mr. Jugnauth, currently the defense minister, took pains to say that Mauritius had no problem with it operating on Diego Garcia. “Mauritius is also very much concerned about security in the world and that is why we have repeatedly said that we do not have any problem with the military base, but that our decolonization process should be completed,” he said. “We want to assure the United Kingdom and the United States of America that the exercise of effective control by Mauritius over the Chagos Archipelago would not, in any way, pose any threat to the military base.”

It is unknown how long the International Court of Justice will take to render its opinion on the matter, or how it will rule. But in the General Assembly, Britain found itself facing head winds over the Chagos Islands.

“That Britain was able to obtain the support of barely a dozen countries — including just four E.U. members and no permanent member of the Security Council apart from the U.S. — will, hopefully, give it pause for thought, about its position on Chagos,” said Philippe Sands, a British lawyer who has represented Mauritius in its dispute with Britain.</s>A dispute between the UK and Mauritius over disputed island territory in the Indian Ocean is to be referred to the International Court of Justice (ICJ).

The UN General Assembly voted by 94 countries to 15 that The Hague should examine the legal status of the Chagos Islands.

The former British colony used to be part of Mauritius but was detached in 1965 and is now home to a US airbase.

The Foreign Office said it would be an "inappropriate" use of the ICJ.

"This is a disappointing outcome," a Foreign Office spokesman said: "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."

Mauritius, which gained independence from Britain in 1968, argues that the UK broke international law when it separated off the islands before granting Mauritius its independence.

Deigo Garcia, the largest of the group of islands, was leased to the US in 1966.

Families were forced to leave the Chagos Islands in the 1960s and 1970s to make way for a US Air Force base on Diego Garcia, which is leased until 2036.

The Foreign Office said it did not recognise Mauritius's claim to sovereignty over the islands - but that it would return the islands when they were no longer needed for defence.

"We have committed to cede them to Mauritius when the territory is no longer required for defence purposes," the spokesman said.

"At present it plays an important role in regional and global security, helping to keep the UK, US and other allies, including Mauritius, safe."

The government said it would "robustly defend" its position ahead of the ICJ's decision, which would not be legally binding.

Most EU countries abstained from the vote, which BBC diplomatic correspondent James Landale described as an "embarrassing diplomatic defeat" for the UK.

He said it signalled that Britain's diplomatic clout had waned after the vote for Brexit.

In 2015, the UK Supreme Court denied a legal challenge by former islanders to return to Chagos after being removed more than 40 years ago.

The court rejected claims that islanders suffered a "significant injustice" by being forcibly removed from their homeland.
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.