Advisory Opinion of the International Court of Justice on the Legal Consequences of the Separation of the Chagos Archipelago From Mauritius in 1965

A/RES/73/295No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 88Request 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, published in 2019.

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6 topics

Advisory Opinions British Indian Ocean Territory Chagos Archipelago Mauritius Territorial Jurisdiction United Kingdom

What does this mandate say?

14 operative paragraphs

Welcomes the advisory opinion of the International Court of Justice of 25 February 2019 on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965;1

Affirms, in accordance with the advisory opinion of the Court, that:

Because the detachment of the Chagos Archipelago was not based on the free and genuine expression of the will of the people of Mauritius, the decolonization of Mauritius has not been lawfully completed;

The Chagos Archipelago forms an integral part of the territory of Mauritius;

Since the decolonization of Mauritius was not conducted in a manner consistent with the right of peoples to self-determination, it follows that the continued administration of the Chagos Archipelago by the United Kingdom of Great Britain and Northern Ireland constitutes a wrongful act entailing the international responsibility of that State;

The United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible;

Since respect for the right to self-determination is an obligation erga omnes, all States have a legal interest in protecting that right and all Member States are under an obligation to cooperate with the United Nations in order to complete the decolonization of Mauritius;

The resettlement of Mauritian nationals, including those of Chagossian origin, must be addressed as a matter of urgency during the completion of the decolonization process;

Demands that the United Kingdom of Great Britain and Northern Ireland withdraw its colonial administration from the Chagos Archipelago unconditionally within a period of no more than six months from the adoption of the present resolution, thereby enabling Mauritius to complete the decolonization of its territory as rapidly as possible;

Urges the United Kingdom of Great Britain and Northern Ireland to cooperate with Mauritius in facilitating the resettlement of Mauritian nationals, including those of Chagossian origin, in the Chagos Archipelago, and to pose no impediment or obstacle to such resettlement;

Calls upon all Member States to cooperate with the United Nations to ensure the completion of the decolonization of Mauritius as rapidly as possible, and to refrain from any action that will impede or delay the completion of the process of decolonization of Mauritius in accordance with the advisory opinion of the Court and the present resolution;

Calls upon the United Nations and all its specialized agencies to recognize that the Chagos Archipelago forms an integral part of the territory of Mauritius, to support the decolonization of Mauritius as rapidly as possible, and to refrain from impeding that process by recognizing, or giving effect to any measure taken by or on behalf of, the “British Indian Ocean Territory”;

Calls upon all other international, regional and intergovernmental organizations, including those established by treaty, to recognize that the Chagos Archipelago forms an integral part of the territory of Mauritius, to support the decolonization of Mauritius as rapidly as possible, and to refrain from impeding that process by recognizing, or giving effect to any measure taken by or on behalf of, the “British Indian Ocean Territory”;

Requests the Secretary-General to submit a report to the General Assembly at its seventy-fourth session on the implementation of the present resolution, including any actions taken by the United Kingdom of Great Britain and Northern Ireland and other Member States.

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