Chagos Archipelago
The Chagos Archipelago (/ˈtʃɑːɡəs, -ɡoʊs/) or Chagos Islands (formerly the Bassas de Chagas,[2] and later the Oil Islands) is a group of seven atolls comprising more than 60 islands in the Indian Ocean about 500 kilometres (310 mi) south of the Maldives archipelago. This chain of islands is the southernmost archipelago of the Chagos–Laccadive Ridge, a long submarine mountain range in the Indian Ocean.[3] In its north are the Salomon Islands, Nelsons Island and Peros Banhos; towards its south-west are the Three Brothers, Eagle Islands, Egmont Islands and Danger Island; southeast of these is Diego Garcia, by far the largest island. All are low-lying atolls, save for a few extremely small instances, set around lagoons.
For the current de facto administration, see British Indian Ocean Territory.
Disputed islands
The Chagos Islands had been home to the Chagossians from the 1700s brought as workers by the French from Africa and India, a Bourbonnais Creole-speaking people, until the United Kingdom expelled them from the archipelago at the request of the United States between 1967 and 1973 to allow the United States to build Naval Support Facility Diego Garcia, a military base on Diego Garcia, on land leased from the UK military in the British Indian Ocean Territories. Since 1971, only the atoll of Diego Garcia has been inhabited, and only by employees of the US military, including American civilian contracted personnel. Since being expelled, Chagossians, like all others not permitted by the UK or US governments, have been prevented from entering the islands.
When Mauritius was a French colony, the islands were a dependency of the French administration in Mauritius (Île Maurice). By the Treaty of Paris of 1814, France ceded Mauritius and its dependencies to the United Kingdom.
In 1965, while planning for Mauritian independence the UK constituted the Chagos as the British Indian Ocean Territory (BIOT).[4][5] Mauritius gained independence from the United Kingdom in 1968, and has since claimed the Chagos Archipelago as Mauritian territory.
In 2019, the International Court of Justice (ICJ) issued a non-binding advisory opinion stating that the UK "...has an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible, and that all Member States must co-operate with the United Nations to complete the decolonization of Mauritius".[6] In December of that year, the Sega tambour Chagos genre was recognized as a UNESCO Intangible Cultural Heritage from Mauritius.[7] In January 2021, the United Nations General Assembly approved a resolution proclaiming this.[8] In 2021, the International Tribunal for the Law of the Sea confirmed for its jurisdiction that the UK has "no sovereignty over the Chagos Islands" thus the islands should be handed back to Mauritius.[8][9]
In August 2021, the Universal Postal Union banned British stamps from being used in BIOT, a move Mauritian Prime Minister Pravind Jugnauth called a "big step in favour of the recognition of the sovereignty of Mauritius over the Chago".[10]
The Chagos had been administered from imperial offices in Mauritius since the 18th century when the French first named the islands (see map of 18th century, right). All of the islands forming part of the French colonial territory of Isle de France (as Mauritius was often then known) were ceded to the British in 1810 under the Act of Capitulation. In 1965, in planning before Mauritian independence, the UK split the archipelago from the territory of Mauritius to form the British Indian Ocean Territory, looking to provide the US with an uninhabited island base, the country's main creditor after the turmoil of World War II.[4]
United Nations' resolutions on self-determination deprecated the parcelling up of imperial territories before independence, without its endorsement and local support, mindful of the Partition of India which provided the strong governments sought by the separate factions but failed to ensure a relatively peaceful transfer of power in many places. Mauritius has repeatedly stated that the British claim that the Chagos Archipelago is one of its territories thwarted its claim to what would be widely considered part of the Mauritian colony and also breached UN resolutions. The UK has stated that the Chagos will be assigned to Mauritius once the islands are no longer required for defence purposes.[4]
The island nation of Mauritius claims the Chagos Archipelago (which is coterminous with the BIOT), including Diego Garcia. Maldives states that the UK's claim to a 200 nautical mile Exclusive Economic Zone around the Chagos Archipelago is invalid as the islands are considered uninhabited.[39] A subsidiary issue is the Mauritian opposition to the 1 April 2010 UK Government's declaration that the BIOT is a Marine Protected Area with fishing and extractive industry (including oil and gas exploration) prohibited.[40]
On 16 November 2016, the UK Foreign Office maintained their ban on repatriation of the islands.[35] In response to this decision, the Prime Minister of Mauritius expressed his country's plan to advance the sovereignty dispute to the International Court of Justice.[41] The British Foreign Secretary Boris Johnson sought Indian assistance for resolving the dispute involving the UK, the US and Mauritius. India has maintained considerable influence in Mauritius through deep cultural and economic ties. India has maintained that the matter of whether or not to proceed with the UN General Assembly move is a decision for the Mauritian government to make.[42]
On 22 June 2017, the UN General Assembly requested the International Court of Justice to give an advisory opinion on the separation of the Chagos Archipelago from Mauritius. On 25 February 2019, the International Court of Justice advised that in its opinion:
On 23 June 2017, the United Nations General Assembly (UNGA) voted in favour of referring the territorial dispute between Mauritius and the United Kingdom to the International Court of Justice (ICJ) in order to clarify the legal status of the Chagos Islands archipelago in the Indian Ocean. The motion was approved by a majority vote with 94 voting for and 15 against.[44][45]
On 22 May 2019, the United Nations General Assembly debated and adopted a resolution that affirmed that the Chagos archipelago “forms an integral part of the territory of Mauritius.” The resolution demanded that the UK "withdraw its colonial administration ... unconditionally within a period of no more than six months." 116 states voted in favour of the resolution, 55 abstained and only 5 countries supported the United Kingdom. During the debate, the Mauritian Prime Minister, Sir Anerood Jugnauth, described the expulsion of Chagossians as "akin to a crime against humanity." The resolution's immediate consequence is that the UN and other international organisations are now bound by UN law to support the decolonisation of the Chagos Islands. The United Kingdom continues to assert that it has no doubt about its sovereignty over the archipelago.[46] The Maldives were one of the countries which supported the UK in the General Assembly vote. It stated that, if the Chagos Archipelago became inhabited, the Maldives claim to an extension of its Exclusive Economic Zone would be affected.
On 25 February 2019, the International Court of Justice (ICJ) delivered an advisory opinion that placing the Archipelago under British administration in 1965 was not based upon the free expression of the inhabitants and that it thus advised that the United Kingdom should relinquish the archipelago, including the strategic United States military base, for the establishment of which approximately 1,500 inhabitants had been deported. The British government rejected any jurisdiction of the court to deliberate these matters.[47]
The United Nations General Assembly (UNGA) voted in favor of setting a six-month deadline for the United Kingdom to withdraw from the Chagos Archipelago, which would then be reunified with Mauritius. The motion was approved by a majority vote with 116 voting for and 6 against. Fifty-six states, including France and Germany, abstained.[48][49]
On 28 January 2021, the United Nation's International Tribunal for the Law of the Sea (ITLOS) confirmed the International Court of Justice ruling and ordered Britain to hand over the Chagos Archipelago to Mauritius.[50] The ITLOS Special Chamber affirmed that: “it is inconceivable that the United Kingdom, whose administration over the Chagos Archipelago constitutes a wrongful act of a continuing character and thus must be brought to an end as rapidly as possible, and yet who has failed to do so, can have any legal interests in permanently disposing of maritime zones around the Chagos Archipelago by delimitation”.[51]
On 14 February 2022, a delegation from Mauritius, including the Mauritian ambassador to the UN, raised the Mauritian flag on the Chagossian atoll of Peros Banhos. The move was done in the context of a scientific survey of Blenheim Reef but was regarded as a formal challenge to British sovereignty over Chagos.[52]
On 3 November 2022, the British Foreign Secretary James Cleverly announced that the UK and Mauritius had decided to begin negotiations on sovereignty over the British Indian Ocean Territory, taking into account the recent international legal proceedings. Both states had agreed to ensure the continued operation of the joint UK/US military base on Diego Garcia.[53][54]
Whereas these talks included the resettlement of expelled Chagossians, Cleverly's successor as British foreign secretary, David Cameron, has since ruled out a return of the islanders.[55]
Development[edit]
Structures on the islands are located in the joint defence and Naval Support Facility Diego Garcia, although the Plantation house and other structures left behind by the Ilois are still standing, however left abandoned and decaying. Other uninhabited islands, especially in the Salomon Atoll, are common stopping points for long-distance yachtsmen travelling from Southeast Asia to the Red Sea or the coast of Africa, although a permit is required to visit the outer islands.