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Government Notes UK Treaty With Mauritius: No Possible Read Across From Chagos Islands To Gibraltar On Sovereignty

04 October 2024
Government Notes UK Treaty With Mauritius: No Possible Read Across From Chagos Islands To Gibraltar On Sovereignty

The Government of Gibraltar has noted yesterday’s announcement that the UK and Mauritius have reached an agreement over the future of the Chagos Archipelago. 

A statement from the Government follows below:

The Government awaits sight of the details of the treaty, but today's announcement suggests that  an amicable resolution has been reached that allows for the completion of Mauritius'  decolonisation, in line with the findings of the International Court of Justice in its 2019 decision,  while safeguarding the UK's military and strategic interests in the Indian Ocean. 

Importantly, the agreement will also provide for the return to the Archipelago of the Chagossians,  who were expelled from their homes over 50 years ago to make way for the military base on Diego  Garcia. 

The wrongs suffered by the Chagossians were - by the UK's own admission - shameful, and  reminiscent of the worst types of colonialism and led to various legal actions in the UK Courts in  which the Chagossians made claims against the United Kingdom government. 

The new agreement should, therefore, provide a measure of justice for the Chagossians, and His  Majesty’s Government of Gibraltar trust that both the UK and Mauritius will continue to prioritise  the interests of this displaced and disenfranchised population. 

The situations in BIOT and Gibraltar are completely different. 

When Mauritius decolonised in the 1960s, the UK held on to part of Mauritius' territory - the  Chagos Archipelago - and created BIOT. 

The ICJ decided in 2019 that this amounted to an unlawful interference with Mauritius' right to  self-determination and territorial integrity. 

The fact that the UK and Mauritius have now agreed for a peaceful handover of sovereignty draws  a line under this unhappy episode in the history of decolonisation, and underscores the  importance of self-determination in giving effect to the decolonisation process - something  HMGOG welcomes. 

The Chief Minister of Gibraltar, the Hon Fabian Picardo KC MP, said: "The key thing for people to  note is how different the case of the Chagos Islands is from the case of the inalienable right of the  People of Gibraltar to decide our future and the future of our land, Gibraltar.

“The case of Chagos has been the subject of decisions by the International Court and the  International Tribunal of the Law of the Sea. 

“The United Kingdom challenged Spain to take matters to the ICJ and Spain refused. If she took up  the case, she would lose. 

“Gibraltar is an inhabited territory, the population of which has rights which cannot be ignored in  any circumstances and which entirely trump any other purported claims to our land and  surrounding seas, as recognised under the United Nations Convention on the Law of the Sea. 

“The United Kingdom has made clear that it will not enter into arrangements under which the  people of Gibraltar would pass under the sovereignty of another state against their freely and  democratically expressed wishes and also reaffirms at the United Nations and elsewhere that it will  not enter into a process of sovereignty negotiations with which Gibraltar is not content. 

“Additionally, the new Foreign Secretary, Rt Hon David Lammy MP, has made clear that there will  not be negotiations about Gibraltar without the Chief Minister of Gibraltar present. 

“That is hugely important and demonstrates the United Kingdom's cast iron commitment to the  right of self-determination of the People of Gibraltar. 

“The Chagossians have suffered greatly in being excluded from their islands for half a century and  this treaty may finally lead to them being able to go back to the islands."