(i)
(ii)
(iii)
having regard to international law, the process of decolonization of Mauritius was not
lawfully completed when that country acceded to independence in 1968, following the
separation of the Chagos Archipelago;
the United Kingdom is under an obligation to bring an end to its administration of the
Chagos Archipelago as rapidly as possible; and
all Member States are under an obligation to cooperate with the United Nations in
order to complete the decolonization of Mauritius.
305. It is to be noted that although the Advisory Opinion itself cannot impose a new legal
obligation, it can and in fact has recognised and confirmed the existing legal obligations that
emanate from international law. In this particular case, the ICJ has established that the source of
the legal obligations is the right of peoples to self-determination, which the UK violated by
excising the Chagos Archipelago from Mauritius without the consent of the Mauritian people. The
Opinion has legal consequences for UN Member States as well as for the General Assembly and
the United Nations and all its specialised agencies.
306. On behalf of African States Members of the United Nations, a resolution was introduced by
Senegal at the meeting of the UN General Assembly held on 22 May 2019. The resolution, which
was adopted by 116 votes to 6, with 56 abstentions, inter alia, affirms, in accordance with the
ICJ’s Advisory Opinion of 25 February 2019, that the decolonization of Mauritius has not lawfully
been completed and that the Chagos Archipelago forms an integral part of the territory of
Mauritius. The resolution also demands that the United Kingdom withdraws its colonial
administration from the Chagos Archipelago unconditionally with a period of no more than 6
months, thereby enabling Mauritius to complete the decolonization of its territory as rapidly as
possible. The resolution further calls upon the United Nations and its specialized agencies as well
as other international, regional and intergovernmental organisations, including those established
by treaty to recognize that the Chagos Archipelago forms an integral part of the territory of
Mauritius, to support the decolonization of Mauritius as rapidly as possible, and to refrain from
impeding that process by recognizing, or giving effect to any measures taken by or on behalf of,
the so-called “British Indian Ocean Territory”.
307. The Government of Mauritius will continue to press for the rapid completion of the
decolonization of Mauritius, whilst firmly supporting the right of return of Chagossians and other
Mauritians to the Archipelago.
308. The Government of Mauritius is committed to implementing a resettlement plan in the
Chagos Archipelago. In this regard, a special provision of Rs 50 million has been made in the
Budget for the financial year 2019-2020 for meeting, inter alia, expenses relating to preparations
for eventual resettlement in the Chagos Archipelago. Moreover, with a view to enabling
Chagossians to continue exercising their rights, including the right to vote, when they would
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