Chagos Archipelago sovereignty dispute facts for kids
.svg)
The Chagos Archipelago is a group of islands in the Indian Ocean. Both Mauritius and the United Kingdom claim these islands. Mauritius says the islands are part of its country. It believes the UK's claim goes against United Nations rules. These rules say colonial lands should not be split up before independence. The UK government believes the Chagos islands belong to them. However, they have also said the islands will be returned to Mauritius if they are no longer needed for military use. Because talks with the UK were not making progress, Mauritius took the issue to different legal and political groups.
Many countries and groups, like the African Union, support Mauritius. On November 3, 2022, the UK and Mauritius announced they would start talks about who owns the British Indian Ocean Territory. This includes the Chagos islands. These talks will consider recent international court decisions.
History of the Chagos Islands
The laws of Mauritius state that its "Outer Islands" include the islands of Mauritius, Rodrigues, Agaléga, Cargados Carajos, and the Chagos Archipelago. This also includes Diego Garcia and any other island that is part of Mauritius. The government of Mauritius says it does not recognize the British Indian Ocean Territory (BIOT). The UK created the BIOT by taking the Chagos Archipelago away from Mauritius before Mauritius became independent. Mauritius claims the Chagos Archipelago, including Diego Garcia, is a key part of its territory. This is based on both Mauritian and international law.
In 1965, the United Kingdom separated the Chagos Archipelago from Mauritius. It also took the islands of Aldabra, Farquhar, and Desroches from the Seychelles. These islands together formed the British Indian Ocean Territory. This new territory officially started on November 8, 1965. However, on June 23, 1976, Aldabra, Farquhar, and Desroches were given back to the Seychelles when it became independent.
On March 18, 2015, a court called the Permanent Court of Arbitration made an important decision. It said that a special ocean area, called the Chagos Marine Protected Area, created by the UK in 2010, was against international law. The Prime Minister of Mauritius said this was a big step. It was the first time an international court had looked at and disagreed with the UK's actions regarding the Chagos Archipelago. The court said that promises the UK made to Mauritian leaders in 1965 were legally binding. These promises included rights for Mauritius regarding fishing, oil, and minerals in the Chagos Archipelago.
On June 22, 2017, the UN General Assembly voted to ask the International Court of Justice (ICJ) for advice. They wanted to know if separating the Chagos Archipelago from Mauritius before its independence was legal. In September 2018, the ICJ started hearings. Many countries supported Mauritius. The UK said sorry for how islanders were removed from the Chagos Archipelago. But they insisted that Mauritius should not have brought the case to the UN's highest court. The UK and its friends argued that this issue should be solved through talks, not in court. However, talks between the UK and Mauritius had not worked for 50 years.
On February 25, 2019, the ICJ judges decided that the UK must stop controlling the Chagos Archipelago as quickly as possible. They said that taking the Chagos Archipelago from Mauritius in 1965 was not based on the "free and real choice of the people." The court said this continued control was wrong. It added that the UK must end its control quickly. Also, all UN member states must help the UN complete the process of Mauritius becoming fully independent.
On May 22, 2019, the United Nations General Assembly passed a resolution. This resolution stated that the Chagos Archipelago, controlled by the UK for over 50 years, "forms an important part of the territory of Mauritius." The resolution asked the UK to "withdraw its colonial administration... within six months." 116 countries voted for this resolution. Only Australia, Hungary, Israel, and Maldives supported the UK and US. The Mauritian Prime Minister said the removal of the Chagossians was a "serious wrongdoing." While this resolution is not legally binding, it is very important politically. This is because it came from the UN's highest court, and the vote showed world opinion. The resolution also means that the UN and other international groups must now support Mauritius becoming fully independent, even if the UK still claims the area.
The Maldives has a disagreement with Mauritius about the border of its special ocean zone, called the Exclusive Economic Zone (EEZ). In June 2019, Mauritius started a case against the Maldives at the International Tribunal for the Law of the Sea (ITLOS). This was to decide the ocean border between the Maldives and the Chagos Archipelago. The Maldives argued that the ITLOS could not decide because the UK and Mauritius still disagreed about who owned the Chagos Archipelago. On January 28, 2021, the ITLOS decided that the ICJ had already settled the dispute between the UK and Mauritius. So, the ITLOS could decide on the ocean border. It rejected all of the Maldives' arguments.
On November 3, 2022, the British Foreign Secretary James Cleverly announced that the UK and Mauritius had decided to start talks about who owns the British Indian Ocean Territory. They agreed to consider the recent international court decisions. Both countries also agreed to make sure the joint UK/US military base on Diego Garcia continues to operate.
Early History of the Islands
In the late 1400s, Portuguese explorers sailed into the Indian Ocean. They recorded the locations of Mauritius and other islands like Rodrigues and Réunion. In the 1500s, Dutch and English sailors also arrived. They set up trading companies to do business in the Indian Ocean. Mauritius was used as a stop for long sea journeys, but no one tried to build a permanent home there at first.
The first lasting settlement in Mauritius was started by the Dutch East India Company in 1638. The Dutch stayed on Mauritius until 1710. After they left, the French government took control of Mauritius in 1715. They renamed it the Île de France.
The Chagos Archipelago was known during this time. It appeared on Portuguese maps as early as 1538. But it remained mostly untouched. France gradually claimed and explored the Archipelago in the mid-1700s. They allowed people to set up coconut farms, which led to permanent settlements. During this time, France managed the Chagos Archipelago as a part of the Île de France.
In 1810, the British captured the Île de France and renamed it Mauritius. In 1814, France officially gave the Île de France and all its parts (including the Chagos Archipelago) to the United Kingdom.
British Control of Mauritius and Chagos
From the time France gave the islands to Britain until November 8, 1965, the Chagos Archipelago was managed by the UK as a part of Mauritius. During this time, the economy of the Chagos Archipelago mainly relied on coconut farms. They exported copra (dried coconut meat) to make oil. British officials from Mauritius would visit the Chagos Archipelago to manage it.
Mauritius says there were "strong economic, cultural, and social connections" between Mauritius and the Chagos Archipelago. It also says that the Chagos Archipelago was always managed as a part of Mauritius under British rule. The UK, however, says the Chagos Archipelago was only "very loosely managed from Mauritius." They claim it was "quite different" from the island of Mauritius. The UK also says the islands were not important to Mauritius's economy, except for supplying coconut oil.
Mauritius Becomes Independent
In 1831, a Council of Government was added to help the British Governor of Mauritius. This council slowly became more democratic with elected members. In 1947, a new law for Mauritius created separate Legislative and Executive Councils. The first election for the Legislative Council was in 1948. The Mauritius Labour Party (MLP) won many seats.
The 1953 election was the start of Mauritius's journey to independence. After this election, Mauritian leaders asked the British government for more rights. They wanted everyone to be able to vote and for ministers to have more power. By 1959, the MLP-led government openly wanted full independence.
Meetings about the new laws were held in London in 1955, 1958, 1961, and 1965. These led to a new law in 1958 and the creation of the Chief Minister position in 1961. In 1962, Seewoosagur Ramgoolam became the Chief Minister. After the 1963 election, he formed a government with all parties to talk with the British about independence.
The final meeting was in London in September 1965. The main topic was whether Mauritius should become fully independent or stay connected to the UK. On September 24, 1965, the UK government minister, Anthony Greenwood, announced that the UK planned for Mauritius to become independent. Mauritius became independent on March 12, 1968. The Constitution of Mauritius states that "Mauritius" includes:
- The Islands of Mauritius, Rodrigues, Agaléga, Tromelin, Cargados Carajos and the Chagos Archipelago, including Diego Garcia and any other island part of Mauritius.
- The surrounding sea and air space.
- The continental shelf (the underwater land extending from the coast).
- Other areas that Mauritius may claim rights over.
Taking Away the Chagos Archipelago
During talks about Mauritius becoming independent, the UK suggested separating the Chagos Archipelago from Mauritius. Only Mauritius would become independent, and the UK would keep the Chagos islands. Mauritius says this idea came from the UK wanting to help the United States use some islands in the Indian Ocean for military purposes.
Records show that the UK and US talked in 1964. They decided that for a military base in the Chagos Archipelago, the UK would "provide the land and secure ownership, by separating islands and putting them under direct U.K. control."
After exploring the Chagos Archipelago and some Seychelles islands in 1964, Diego Garcia was chosen as the best place for the military base. The US sent its ideas to the UK, saying Diego Garcia was its top choice. The UK and US then talked more in 1964 and 1965 about taking away the "entire Chagos Archipelago," as well as the islands of Aldabra, Farquhar, and Desroches (which were then part of the Colony of the Seychelles). They also discussed how much money would be needed to get the local governments to agree.
On July 19, 1965, the Governor of Mauritius was told to tell the Mauritius Council of Ministers about the plan to separate the Chagos Archipelago. The Mauritian Ministers first asked for more time to think about it. Sir Seewoosagur Ramgoolam said he "disliked the separation." At the next meeting on July 30, 1965, the Mauritian Ministers said the separation would be "unacceptable to public opinion in Mauritius." They suggested a long-term lease instead, with rules for mineral rights and a preference for Mauritius if fishing or farming rights were given out. The UK and Mauritius have different ideas about how strong this reaction was. However, on August 13, 1965, the Governor of Mauritius told the Mauritian Ministers that the United States did not like the idea of a lease.
Discussions about separating the Chagos Archipelago continued in London in September 1965. Mauritian leaders, including Sir Seewoosagur Ramgoolam, met with the UK's Secretary of State for the Colonies, Anthony Greenwood. The Mauritian leaders pushed the UK for more payment for agreeing to the separation. They pointed out that the US was involved in setting up the military base. They also said Mauritius needed ongoing financial help, like a higher amount of sugar imports to the US. The UK said it was not possible to get more from the US. However, the UK did increase the payment from £1 million to £3 million. They also offered a promise that the Archipelago would be returned to Mauritius when it was no longer needed for military purposes.
These meetings ended on September 23, 1965. Sir Seewoosagur Ramgoolam and his colleagues generally agreed to the separation of the Archipelago. This was in exchange for the Secretary of State recommending certain actions by the UK government.
After this, Sir Seewoosagur Ramgoolam wrote a note to a UK official. He listed more conditions, such as rights for navigation, weather facilities, emergency landing spots, and benefits from any oil or mineral discoveries.
On October 6, 1965, instructions were sent to the Governor of Mauritius. He was told to get "early confirmation that the Mauritius Government is willing to agree that Britain should now take the necessary legal steps to detach the Chagos Archipelago from Mauritius."
The Governor also noted that some ministers disagreed. The UK and Mauritius have different views on whether Mauritius agreed to the separation freely.
The Chagos Archipelago was officially separated by creating the British Indian Ocean Territory (BIOT) on November 8, 1965. This was done by a special order. The BIOT was then managed by a BIOT Commissioner, appointed by the Queen. A BIOT Administrator helps with the daily running of the territory.
A few weeks after the plan to separate the islands from Mauritius, the United Nations General Assembly passed Resolution 2066(XX) on December 16, 1965. This resolution said that taking part of a colonial territory was against international law and against UN Resolution 1514 from December 14, 1960. This earlier resolution stated that "Any attempt to break up the unity and land of a country is against the goals and rules of the United Nations."
People Removed from the Islands
After first saying the islands were not lived on, British officials forced about 2,000 Chagossians to move to mainland Mauritius. This was to allow the United States to build a military base on Diego Garcia. Since 1971, about 3,000 UK and US military and civilian workers live on Diego Garcia. The British and American governments usually do not allow Chagossians to return to their homes.
Marine Protected Area
A marine protected area (MPA) was created around the Chagos Islands by the British Government on April 1, 2010. It became active on November 1, 2010. It is the world's largest fully protected reserve, twice the size of Great Britain. This decision caused some debate because it was announced when the UK Parliament was not meeting.
On December 1, 2010, WikiLeaks released a secret US Embassy London message from 2009. This message showed how Britain and the US thought about creating the marine reserve. The message described talks between US and British officials. In these talks, a British official said that creating a marine park would "effectively stop former residents from claiming to return to the archipelago."
Study for Resettlement
In March 2014, it was reported that the UK government would send experts to the islands. They would look into the "options and risks" of allowing people to live there again.
Legal Cases
Case at the Permanent Court of Arbitration
The government of Mauritius started a case on December 20, 2010, against the UK government. This was under the United Nations Convention on the Law of the Sea (UNCLOS). Mauritius wanted to challenge if the 'marine protected area' was legal. Mauritius argued that Britain broke a UN rule when it separated Chagos from Mauritius in the 1960s, before Mauritius became independent. Therefore, Mauritius said Britain did not have the right to declare the area a marine reserve. It also argued that the MPA was not fair to the rights of the Chagossians. The case was decided by the Permanent Court of Arbitration.
On March 18, 2015, the Permanent Court of Arbitration ruled that the Chagos Marine Protected Area was illegal. The court decided that the UK's promise to return the Chagos Archipelago to Mauritius means Mauritius has a say in important decisions about the islands' future. The court's decision means that the UK and Mauritius can now talk to each other. They can work towards an agreement for protecting the ocean environment, while keeping in mind the question of who truly owns the islands.
Case at the International Court of Justice
In 2004, after the British government made a rule that stopped the Chagossians from staying on the islands without special permission, Mauritius thought about taking the case to the International Court of Justice (ICJ). This would finally settle the dispute. However, the ICJ's rules allow countries to choose if they want the court to decide their cases. The UK had a rule that stopped the court from hearing disputes with countries in the Commonwealth that happened before January 1, 1969. This rule was put in place to stop disputes from the time of decolonization. This meant Mauritius, as a Commonwealth member, could not take the Chagos dispute to the court. When Mauritius threatened to leave the Commonwealth, the UK quickly changed its rule. It added that disputes with former Commonwealth States were also excluded. This stopped Mauritius from being able to use the court's power, even if it left the Commonwealth.
On June 23, 2017, the United Nations General Assembly (UNGA) voted to ask the International Court of Justice (ICJ) for advice. This was to clarify the legal status of the Chagos Islands. The vote passed with 94 votes for and 15 against. In September 2018, the International Court of Justice began hearings. Many countries supported Mauritius. The UK apologized for the "shameful" way islanders were removed from the Chagos Archipelago. But they insisted that Mauritius was wrong to bring the dispute to the UN's highest court. The UK and its allies argued that this matter should be solved through talks, not in court. However, talks with Mauritius had not worked for 50 years.
In its decision on February 25, 2019, the Court said that the UK's separation of the Chagos Islands from Mauritius in 1965 was against the law. It found that the UK must end "its administration of the Chagos Islands as rapidly as possible." The ICJ decided that Mauritius's independence was not fully and legally completed, mainly because the islands were taken away.
On May 1, 2019, the UK Foreign Office minister Alan Duncan stated that Mauritius has never owned the archipelago and the UK does not recognize its claim. He said that the court's decision was only advice and not a legally binding judgment. Jeremy Corbyn, a leader of a main UK opposition party, wrote to the UK Prime Minister. He criticized her decision to ignore the UN court's ruling. He was worried that the UK government seemed ready to ignore international law and the right of the Chagossians to return home.
Case at the International Tribunal for the Law of the Sea
On January 28, 2021, the United Nation's International Tribunal for the Law of the Sea (ITLOS) made a ruling. This was in a dispute between Mauritius and Maldives about their ocean border. The ITLOS ruled that the United Kingdom has no ownership over the Chagos Archipelago, and that Mauritius is the rightful owner. The United Kingdom disagrees with this and does not accept the tribunal's decision.
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
Images for kids
-
A British government message from 1966 about removing people from the Chagos Archipelago.
