Rann nou Chagos!
Participation of Mauritius in Hearings of the International Court of Justice from 3 to 6 September 2018
Mauritius will participate in the public hearings which the International Court of Justice (ICJ) will hold from 3 to 6 September 2018 in The Hague in the context of the request from the United Nations General Assembly for an advisory opinion of the ICJ on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965.
On 22 June 2017, the General Assembly adopted by 94 votes to 15, with 65 abstentions Resolution 71/292 entitled “Request for an advisory opinion of the International Court of Justice on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965”.
With the adoption of this resolution, the ICJ is being requested by the UN General Assembly to exercise its advisory jurisdiction. Pursuant to Article 96 of the UN Charter, the General Assembly may request the ICJ to give an advisory opinion on any legal question. As for Article 65 of the Statute of the ICJ, it provides that the Court may give an advisory opinion on any legal question at the request of whatever body that may be authorized by the UN Charter to make such a request.
The purpose of the advisory opinion sought by the General Assembly is to assist this organ of the United Nations in performing its functions in the field of decolonization, in accordance with the UN Charter.
In Resolution 71/292, the General Assembly has asked the ICJ to give an advisory opinion on the following two legal questions:
- “Was the process of decolonization of Mauritius lawfully completed when Mauritius was granted independence in 1968, following the separation of the Chagos Archipelago from Mauritius and having regard to international law, including obligations reflected in General Assembly resolutions 1514 (XV) of 14 December 1960, 2066 (XX) of 16 December 1965, 2232 (XXI) of 20 December 1966 and 2357 (XXII) of 19 December 1967?”; and
(b) “What are the consequences under international law, including obligations reflected in the above-mentioned resolutions, arising from the continued administration by the United Kingdom of Great Britain and Northern Ireland of the Chagos Archipelago, including with respect to the inability of Mauritius to implement a programme for the resettlement on the Chagos Archipelago of its nationals, in particular those of Chagossian origin?”
These two questions relate to the decolonization process of Mauritius which remains, in the view of Mauritius, incomplete. This is due to the unlawful excision of the Chagos Archipelago from the territory of Mauritius prior to its accession to independence in 1968.
Following the adoption of Resolution 71/292, the ICJ invited written submissions by the following deadlines from States and international organizations on the two questions:
- 1 March 2018 for the submission of written statements; and
- 15 May 2018 for States and international organizations having, by 1 March 2018, presented written statements to submit written comments on the other written statements.
31 States, including Mauritius, and the African Union have filed written statements with the ICJ. The 30 other States are Argentina, Australia, Belize, Brazil, Chile, China, Cuba, Cyprus, Djibouti, France, Germany, Guatemala, India, Israel, Lesotho, Liechtenstein, Madagascar, Marshall Islands, Namibia, Netherlands, Nicaragua, Niger, Russian Federation, Serbia, Seychelles, South Africa, South Korea, United Kingdom, United States of America and Vietnam.
10 States, including Mauritius, and the African Union have subsequently submitted written comments on the written statements filed with the ICJ. The 9 other States are Argentina, Cyprus, Guatemala, Marshall Islands, Nicaragua, Serbia, Seychelles, United Kingdom and United States of America.
At this stage of the advisory proceedings, the written submissions are confidential. Under Article 106 of its Rules, the ICJ may decide that the written submissions shall be made accessible to the public on or after the opening of the oral proceedings.
Following the two rounds of written submissions, the ICJ will hold public hearings from 3 to 6 September 2018 in The Hague. 22 States, including Mauritius, and the African Union will participate in the hearings. The 21 other States are Argentina, Australia, Belize, Botswana, Brazil, Cyprus, Germany, Guatemala, India, Israel, Kenya, Marshall Islands, Nicaragua, Nigeria, Serbia, South Africa, Thailand, United Kingdom, United States of America, Vanuatu and Zambia.
Mauritius will be the first State to intervene at the hearings and will make its oral statement on Monday 3 September 2018 from 10 a.m. to 1 p.m., The Hague time (12.00 p.m. to 3 p.m., Mauritius time). The oral statement of Mauritius will be followed by that of the UK in the afternoon of the same day. Other States will make their oral statements during the sittings which will be held from 4 to 6 September 2018.
Mauritius and the UK will each have 160 minutes to make their oral statement while other States and the African Union have each been allocated 40 minutes.
According to a press release dated 1 August 2018 from the ICJ, the hearings will be streamed live and on demand (VOD) in English and French on the Court’s website (www.icj-cij.org/en/multimedia-index) as well as on UN Web TV, the United Nations online television channel.
With the holding of the hearings by the ICJ, a crucial stage has been reached in the efforts to complete the decolonization process of Mauritius.
The Government of Mauritius is deeply grateful to members of the United Nations for their support at the UN General Assembly, and to States and the African Union for actively participating in the advisory proceedings by making written submissions to the ICJ and taking part in the hearings.
The Government of Mauritius expresses the hope that the ICJ will give an opinion favourable to Mauritius on the two questions referred to the Court. It further expresses the hope that active steps can be taken towards the immediate completion of the decolonization of Mauritius, and that a programme for the resettlement on the Chagos Archipelago of Mauritian citizens, particularly those of Chagossian origin, can occur expeditiously.
The current request for an advisory opinion is not intended to put into question the military base in Diego Garcia. As Mauritius has reiterated on several occasions, it recognizes the existence of the base and accepts its continued and future operation in accordance with international law.
The request for an advisory opinion is not to be viewed as a confrontation between any States. It is only intended to facilitate the work of the United Nations as regards its clear mandate, under the United Nations Charter, to eradicate colonialism.
Prime Minister’s Office
New Treasury Building
Port Louis
Date: 24 August 2018
Posted by Minority Voice
on Aug 24 2018. Filed under Actualités, En Direct, Featured.
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