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| At last, the Chagossians have a real chance of going back home | At last, the Chagossians have a real chance of going back home |
| (about 1 hour later) | |
| On Wednesday, the United Nations general assembly debated a draftresolution 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 draft, to give 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”. | On Wednesday, the United Nations general assembly debated a draftresolution 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 draft, to give 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”. |
| The UK’s permanent representative to the assembly, Karen Pierce, has spent much of this month lobbying countries to vote against the draft, supported by the US. To listen to her address the assembly was to be transported back to another age, as she pleaded with delegates to recognise that the court got it wrong and what the world actually needs is a British presence in the Indian Ocean, forever, to keep us all safe. | The UK’s permanent representative to the assembly, Karen Pierce, has spent much of this month lobbying countries to vote against the draft, supported by the US. To listen to her address the assembly was to be transported back to another age, as she pleaded with delegates to recognise that the court got it wrong and what the world actually needs is a British presence in the Indian Ocean, forever, to keep us all safe. |
| The UK may not doubt its sovereignty over Chagos, but if it claims it, in any forum, it will not be recognised | The UK may not doubt its sovereignty over Chagos, but if it claims it, in any forum, it will not be recognised |
| Britain has “no doubts about its sovereignty over Chagos”, she said. No doubt? That seemed odd, given that 19 international judges and arbitrators have now expressed a view on the matter, of whom 15 have ruled that Chagos belongs – and has always belonged – to Mauritius. Not a single international judge has expressed a contrary view. How did the absence of doubt get past the very fine lawyers at the Foreign Office, people asked me? | Britain has “no doubts about its sovereignty over Chagos”, she said. No doubt? That seemed odd, given that 19 international judges and arbitrators have now expressed a view on the matter, of whom 15 have ruled that Chagos belongs – and has always belonged – to Mauritius. Not a single international judge has expressed a contrary view. How did the absence of doubt get past the very fine lawyers at the Foreign Office, people asked me? |
| Only Britain can deliver security, Pierce argued, a slap in the face to untrustworthy Mauritius (and the rest of Africa, and India, too), whose offer of a long-term arrangement to secure the continuation of the US base at Diego Garcia (one of the archipelago’s islands) simply wasn’t good enough. We offer Mauritius the hand of friendship, she continued, with even more trade and investment, if only you will leave things be. | Only Britain can deliver security, Pierce argued, a slap in the face to untrustworthy Mauritius (and the rest of Africa, and India, too), whose offer of a long-term arrangement to secure the continuation of the US base at Diego Garcia (one of the archipelago’s islands) simply wasn’t good enough. We offer Mauritius the hand of friendship, she continued, with even more trade and investment, if only you will leave things be. |
| Much of the general assembly listened in rapt embarrassment, unwilling to buy arguments of a kind you might find in a 1930s textbook on colonialism and diplomatic practice. “She’s given us a geography lesson,” one ambassador observed, who then joined the stampede to vote for the resolution. In the end, 116 states were in favour, 55 abstained and just four supported the UK and US (Australia, Hungary, Israel and Maldives). If any vote signals the decline of UK diplomatic influence, and a step change in the world order, this is it – an overwhelming message and a wake-up call to those who imagine a British colossus striding the world once again after Brexit. | Much of the general assembly listened in rapt embarrassment, unwilling to buy arguments of a kind you might find in a 1930s textbook on colonialism and diplomatic practice. “She’s given us a geography lesson,” one ambassador observed, who then joined the stampede to vote for the resolution. In the end, 116 states were in favour, 55 abstained and just four supported the UK and US (Australia, Hungary, Israel and Maldives). If any vote signals the decline of UK diplomatic influence, and a step change in the world order, this is it – an overwhelming message and a wake-up call to those who imagine a British colossus striding the world once again after Brexit. |
| Diego Garcia is made home to a French colony using slave labour on plantations | |
| Mauritius and the Chagos Islands are ceded to Britain at the end of the Napoleonic Wars in the Treaty of Paris | |
| Before independence is granted to Mauritius, the UK separates the Chagos archipelago from Mauritius, creating British Indian Ocean Territory (BIOT). | |
| Britain allows the US to use the largest island, Diego Garcia, as a military base in exchange for a discount on the purchase of Polaris missiles. | |
| Forced expulsion of around 1,500 Chagossians begin as access to food supplies is restricted. Most are moved to Mauritius or the Seychelles. | |
| Chagossian refugees in Mauritius were paid compensation, and more offers followed contingent on them signing agreements not to return to their homes. | |
| British passports are granted to some Chagossians. Many move from Mauritius to Crawley. A UK government feasibility study into resettlement concludes it would be expensive and difficult. | |
| A Marine Protected Area is established around the Chagos Islands. Documents published by Wikileaks show a UK diplomat saying that “establishing a marine park would, in effect, put paid to resettlement claims of the archipelago’s former residents”. | |
| International Court of Justice rules that the agreement to separate the Chagos Islands from Mauritius in 1965 prior to decolonisation was unlawful. | |
| The United Nations general assembly overwhelmingly backs a motion condemning Britain’s occupation of the islands. The vote, which left the UK diplomatically isolated, set a six-month deadline for the UK to withdraw from the archipelago and for it to be reunified with neighbouring Mauritius. | |
| This resolution, which requires the UK to leave Chagos within six months, will not change the situation overnight, but , it will surely allow the Chagossians forcibly removed from their homes to be able to return one day. It has immediate practical consequences: the UN and specialised agencies, and all other international organisations are now bound, as a matter of UN law, to support the decolonisation of Mauritius – and restricted from aiding any claim by the UK over the “British Indian Ocean Territory”, as London calls its colony. The UK may not doubt its sovereignty over Chagos, but if it claims it in any forum – from the EU to the Indian Ocean Tuna Commission – or in any intergovernmental negotiation, its claim will not be recognised. | This resolution, which requires the UK to leave Chagos within six months, will not change the situation overnight, but , it will surely allow the Chagossians forcibly removed from their homes to be able to return one day. It has immediate practical consequences: the UN and specialised agencies, and all other international organisations are now bound, as a matter of UN law, to support the decolonisation of Mauritius – and restricted from aiding any claim by the UK over the “British Indian Ocean Territory”, as London calls its colony. The UK may not doubt its sovereignty over Chagos, but if it claims it in any forum – from the EU to the Indian Ocean Tuna Commission – or in any intergovernmental negotiation, its claim will not be recognised. |
| After the vote, Pierce expressed disappointment. And she was particularly upset that the Mauritian prime minister had characterised the UK actions in removing the Chagossians from their homes and refusing to let them return as being “akin to a crime against humanity”. In fact, it is (“Deportation or forcible transfer of population” and “other inhumane acts of a similar character intentionally causing great suffering” are included in the definition of crimes against humanity in the statute of the international criminal court). | After the vote, Pierce expressed disappointment. And she was particularly upset that the Mauritian prime minister had characterised the UK actions in removing the Chagossians from their homes and refusing to let them return as being “akin to a crime against humanity”. In fact, it is (“Deportation or forcible transfer of population” and “other inhumane acts of a similar character intentionally causing great suffering” are included in the definition of crimes against humanity in the statute of the international criminal court). |
| The Guardian view on Britain and the Chagos Islands: a wake-up call from the world | Editorial | The Guardian view on Britain and the Chagos Islands: a wake-up call from the world | Editorial |
| No doubt the UK will try to tough it out, just as South Africa tried after the Hague court gave a similar decision back in 1971, in respect of territory then known as South West Africa, today Namibia. Justice is a long game, but on matters such as this it delivers, eventually, even if time is not on everyone’s side. | No doubt the UK will try to tough it out, just as South Africa tried after the Hague court gave a similar decision back in 1971, in respect of territory then known as South West Africa, today Namibia. Justice is a long game, but on matters such as this it delivers, eventually, even if time is not on everyone’s side. |
| Watching the debate in Mauritius was the remarkable Madame Liseby Elysé, who spoke to the court and who I sat next to as the ICJ ruling was handed down in February. She was forcibly removed from her home more than five decades ago, and still wants to go back. “Will I be able to?” she asked. “Yes,” I said, on the day of the court’s decision, “I hope so.” | Watching the debate in Mauritius was the remarkable Madame Liseby Elysé, who spoke to the court and who I sat next to as the ICJ ruling was handed down in February. She was forcibly removed from her home more than five decades ago, and still wants to go back. “Will I be able to?” she asked. “Yes,” I said, on the day of the court’s decision, “I hope so.” |
| The UN general assembly makes that even more likely. And when it happens, I hope Pierce will join us on the boat, for she knows the UK position to be hopeless and wrong, strongly opposed by an all-party parliamentary group with a distinguished membership. The UK has chosen the dead-end path of isolation and lawlessness. Its proper place is with the rule of law, and against colonialism. Justice and security go together, not apart. | The UN general assembly makes that even more likely. And when it happens, I hope Pierce will join us on the boat, for she knows the UK position to be hopeless and wrong, strongly opposed by an all-party parliamentary group with a distinguished membership. The UK has chosen the dead-end path of isolation and lawlessness. Its proper place is with the rule of law, and against colonialism. Justice and security go together, not apart. |
| • Philippe Sands QC is professor of law at University College London and a barrister at Matrix Chambers. He is counsel for Mauritius on Chagos | • Philippe Sands QC is professor of law at University College London and a barrister at Matrix Chambers. He is counsel for Mauritius on Chagos |
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