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Sovereignty over the Chagos Archipelago is disputed between Mauritius and the United Kingdom. The Constitution of Mauritius states that the Outer islands of Mauritius includes the islands of Mauritius, Rodrigues, Agaléga, Cargados Carajos and the Chagos Archipelago, including Diego Garcia and any other island comprised in the State of Mauritius. The Government of the Republic of Mauritius has stated that it does not recognise the British Indian Ocean Territory which the United Kingdom created by excising the Chagos Archipelago from the territory of Mauritius prior to its independence and reiterates that the Chagos Archipelago including Diego Garcia forms an integral part of the territory of Mauritius under both Mauritian law and international law.
In 1965, the United Kingdom split the Chagos Archipelago from Mauritius and the islands of Aldabra, Farquhar and Desroches from the Seychelles to form the British Indian Ocean Territory. The islands were formally established as an overseas territory of the United Kingdom on 8 November 1965. On 23 June 1976, Aldabra, Farquhar and Desroches were returned to Seychelles as a result of its attaining independence.
Historical background
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). In the 16th century, the Portuguese were joined by Dutch and English sailors, both nations having established East India Companies to exploit the commercial opportunities of the Indian Ocean and the Far East. Although Mauritius was used as a stopping point in the long voyages to and from the Indian Ocean, no attempt was made to establish a permanent settlement.
The first permanent colony in Mauritius was established by the Dutch East India Company in 1638. The Dutch maintained a small presence on Mauritius, with a brief interruption, until 1710 at which point the Dutch East India Company abandoned the island. Following the Dutch departure, the French government took possession of Mauritius in 1715, renaming it the Ile de France.
The Chagos Archipelago was known during this period, appearing on Portuguese charts as early as 1538, but remained largely untouched. France progressively claimed and surveyed the Archipelago in the mid-18th century and granted concessions for the establishment of coconut plantations, leading to permanent settlement. Throughout this period, France administered the Chagos Archipelago as a dependency of the Ile de France.
In 1810, the British captured the Ile de France and renamed it Mauritius. By the Treaty of Paris of 30 May 1814, France ceded the Ile de France and all its dependencies (including the Chagos Archipelago) to the United Kingdom.
The British Administration of Mauritius and the Chagos Archipelago
From the date of the cession by France until 8 November 1965, when the Chagos Archipelago was detached from the colony of Mauritius, the Archipelago was administered by the United Kingdom as a Dependency of Mauritius. During this period, the economy of the Chagos Archipelago was primarily driven by the coconut plantations and the export of copra (dried coconut flesh) for the production of oil, although other activities developed as the population of the Archipelago expanded. British administration over the Chagos Archipelago was exercised by various means, including by visits to the Chagos Archipelago made by Special Commissioners and Magistrates from Mauritius.
Although the broad outlines of British Administration of the colony during this period are not in dispute, the Parties disagree as to the extent of economic activity in the Chagos Archipelago and its significance for Mauritius, and on the significance of the Archipelago’s status as a dependency. Mauritius contends that there were “close economic, cultural and social links between Mauritius and the Chagos Archipelago” and that “the administration of the Chagos Archipelago as a constituent part of Mauritius continued without interruption throughout that period of British rule”. The United Kingdom, in contrast, submits that the Chagos Archipelago was only “very loosely administered from Mauritius” and “in law and in fact quite distinct from the Island of Mauritius.” The United Kingdom further contends that “the islands had no economic relevance to Mauritius, other than as a supplier of coconut oil” and that, in any event, economic, social and cultural ties between the Chagos Archipelago and Mauritius during this period are irrelevant to the Archipelago’s legal status.
The Independence of Mauritius
Beginning in 1831, the administration of the British Governor of Mauritius was supplemented by the introduction of a Council of Government, originally composed of ex-officio members and members nominated by the Governor. The composition of this Council was subsequently democratized through the progressive introduction of elected members. In 1947, the adoption of a new Constitution for Mauritius replaced the Council of Government with separate Legislative and Executive Councils. The Legislative Council was composed of the Governor as President, 19 elected members, 12 members nominated by the Governor and 3 ex-officio members.
The first election of the Legislative Council took place in 1948, and the Mauritius Labour Party (the “MLP”) secured 12 of the 19 seats available for elected members.35 The MLP strengthened its position in the 1953 election by securing 14 of the available seats, although the MLP lacked an overall majority in the Legislative Council because of the presence of a number of members appointed by the Governor.
The 1953 election marked the beginning of Mauritius’ move towards independence. Following that election, Mauritian representatives began to press the British Government for universal suffrage, a ministerial system of government and greater elected representation in the Legislative Council. By 1959, the MLP-led government had openly adopted the goal of complete independence.
Constitutional Conferences were held in 1955, 1958, 1961, and 1965, resulting in a new constitution in 1958 and the creation of the post of Chief Minister in 1961 (renamed as the Premier after 1963). In 1962, Dr Seewoosagur Ramgoolam (later Sir Seewoosagur Ramgoolam) became the Chief Minister within a Council of Ministers chaired by the Governor and, following the 1963 election, formed an all-party coalition government to pursue negotiations with the British on independence.
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. On 24 September 1965, the final day of the conference, the Secretary of State for the Colonies, the Rt. Hon. Anthony Greenwood MP, who was the minister in the United Kingdom Government with responsibility for Mauritius, announced that the United Kingdom Government intended that Mauritius would proceed to full independence.
Mauritius became independent on 12 March 1968.
Depopulation
Main article: Depopulation of Diego Garcia
After initially denying that the islands were inhabited, British officials forcibly expelled approximately 2,000 Chagossians who had lived on those islands a century to mainland Mauritius to allow the United States to establish a military base on Diego Garcia. Since 1971, only the atoll of Diego Garcia is inhabited only by some 3,000 UK and US military and civilian contracted personnel.
Mauritius has repeatedly asserted that the British claim that the Chagos Archipelago is one of its territories is a violation of United Nations' resolutions banning the dismemberment of colonial territories before independence. The UK has stated that it has no doubt about its sovereignty over the Chagos but has also said that the Chagos will be returned to Mauritius once the islands are no longer required for defence purposes. Given the absence of any progress with the UK, Mauritius has decided to "internationalise" the dispute and take up the matter at all appropriate legal and political forums. The African Union and the Non-Aligned Movement have expressed unanimous support for Mauritius on the Chagos issue.
Marine protected area
Main article: Chagos Marine Protected AreaThe British Government established a marine protected area (MPA) around the Chagos Islands known as the Chagos Marine Protected Area was created on 1 April 2010 and enforced on 1 November 2010. It is the world's largest fully protected reserve, twice the size of Great Britain. The designation proved controversial as the decision was announced during a period when the UK Parliament was in recess.
On December 1, 2010, WikiLeaks release a leaked US Embassy London diplomatic cable dating back to 2009 exposed British and US calculations in creating the marine nature reserve. The cable relays exchanges between US Political Counselor Richard Mills and British Director of the Foreign and Commonwealth Office Colin Roberts, in which Roberts "asserted that establishing a marine park would, in effect, put paid to resettlement claims of the archipelago’s former residents." Richard Mills concludes:
Establishing a marine reserve might, indeed, as the FCO's Roberts stated, be the most effective long-term way to prevent any of the Chagos Islands' former inhabitants or their descendants from resettling in the .
The cable (reference ID "09LONDON1156" ) was classified as confidential and "no foreigners", and leaked as part of the Cablegate cache.
Legal proceedings
Main article: Mauritius v United KingdomThe Government of Mauritius initiated proceedings on 20 December 2010 against the UK Government under the United Nations Convention on the Law of the Sea (UNCLOS) to challenge the legality of the ‘marine protected area’. Mauritius argues that Britain breached a UN resolution when it separated Chagos from the rest of the colony of Mauritius in the 1960s, before the country became independent, and that Britain therefore doesn’t have the right to declare the area a marine reserve and that the MPA was not compatible with the rights of the Chagossians.
Ruling of the Permanent Court of Arbitration
On the 18 March 2015, the Permanent Court of Arbitration ruled that the Chagos Marine Protected Area was illegal.
Study
In March 2014, it was reported that the UK government were sending experts to the islands to examine options and risks of resettlement.
See also
- List of sovereign states and dependent territories in the Indian Ocean
- Sovereignty disputes of the United Kingdom
- List of islands in Chagos Archipelago
- List of territorial disputes
References
- "111. Interpretation" (PDF). Government of Mauritius. Retrieved 14 January 2013.
{{cite journal}}: Cite journal requires|journal=(help) - "Chagos remains a matter for discussion". Le Defimedia. Retrieved 22 September 2012.
- ^ "IN THE MATTER OF THE CHAGOS MARINE PROTECTED AREA ARBITRATION - before - AN ARBITRAL TRIBUNAL CONSTITUTED UNDER ANNEX VII OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA - between - THE REPUBLIC OF MAURITIUS - and - THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND" (PDF). Permanent Court of Arbitration. 18 March 2015. Retrieved 21 March 2015.
- "Commonwealth Secretariat — British Indian Ocean Territory". Thecommonwealth.org. Retrieved 9 July 2012.
- "HISTORICAL BACKGROUND - WHAT HAPPENED TO THE CHAGOS ARCHIPELAGO ?". chagosinternational.org. Retrieved 9 July 2012.
- "Neutral Citation in the Royal Courts of Justice, London" (PDF). Government of Mauritius. Retrieved 9 July 2012.
- Cite error: The named reference
realwas invoked but never defined (see the help page). - "Protect Chagos". Retrieved 9 July 2012.
- "UK sets up Chagos Islands marine reserve". Retrieved 9 July 2012., Avaaz
- "leaked US diplomatic cable". Archived from the original on 2 December 2010. Retrieved 9 July 2012.
- Full discussion and copy of WikiLeaks cables - "HMG FLOATS PROPOSAL FOR MARINE RESERVE COVERING THE CHAGOS ARCHIPELAGO (BRITISH INDIAN OCEAN TERRITORY)". The Daily Telegraph. London. 4 February 2011. ISSN 0307-1235. OCLC 49632006. Retrieved 9 July 2012.
- "STATEMENT BY DR THE HON. PRIME MINISTER TO THE NATIONAL ASSEMBLY" (PDF). Government of Mauritius. 31 May 2011. Retrieved 9 July 2012.
- "Chagos marine reserve challenged at tribunal". The UK Chagos Support Association. 22 April 2014. Retrieved 6 May 2014.
- http://www.theguardian.com/world/2014/mar/13/chagos-islands-uk-experts-resettlement-study
External links
- Who Owns Diego Garcia? Decolonisation and Indigenous Rights in the Indian Ocean
- Ruling of THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ARBITRAL TRIBUNAL about the CHAGOS MARINE PROTECTED AREA
- Film and video
- Chagos: A Documentary Film
- Stealing a Nation (TV documentary, 2004), a Special Report by John Pilger
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