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Mauritius’ Draft Resolution To UN General Assembly Supported by African union

20.06.2017

On Thursday 22 June, Mauritius will at 10:00 am in New York submit its resolution before the UN General Assembly calling for the International Court of Justice to give an advisory opinion on the issue of the excision of Chagos from Mauritius around Independence. We say “at long last” because LALIT first called for such a resolution, according to our written records, in 1985, and have consistently done so ever since. The resolution comes up before the General Assembly as Item 87 on Thursday. LALIT has contacted people all over the world for support from their respective Governments for this resolution. Already the Mauritian State has the support of the entire African union for the resolution. LALIT has also contacted two activists we know to contact Permanent Representatives at the UN whom they know, to inform them of the coming resolution.


LALIT is part of the “Komite Diego” which will be holding a musical evening on Wednesday 21 June, it also being Music Day. As it is also the birthday of the late Bam Cuttayen, musician who sang the first well-known song on Diego Garcia, we are also celebrating his music, and some of the other songs on Diego Garcia. The event will be held at the LALIT headquarters, in the LPT Book Lover.


Here is the resolution in full:


The General Assembly,


Reaffirming that all peoples have an inalienable right to the exercise of their sovereignty and the integrity of their national territory,


Recalling the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in its resolution 1514 (XV) of 14 December 1960, and in particular, paragraph 6 thereof which states that any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations,


Recalling also its resolution 2066 (XX) of 16 December 1965 which invited the Government of the United Kingdom of Great Britain and Northern Ireland to take effective measures with a view to the immediate and full implementation of resolution 1514 (XV) and to take no action which would dismember the Territory of Mauritius and violate its territorial integrity, and its further resolutions 2232 (XXI) of 20 December 1966 and 2357 (XXII) of 19 December 1967,


Bearing in mind its resolution 65/118 of 10 December 2010 on the Fiftieth Anniversary of the Declaration on the Granting of Independence to Colonial Countries and peoples, reiterating its view that it is incumbent on the United Nations to continue to play an active role in the process of decolonization, and noting that the process of decolonization is not yet complete,


Recalling its resolution 65/119 of 10 December 2010 declaring the Third International Decade for the Eradication of Colonialism, and its resolution 70/231 of 23 December 2015 calling for the immediate and full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, 


Noting the Resolutions on the Chagos Archipelago adopted by the Organisation of African Unity/African union since 1980 and most recently at the African union Summit held in Addis Ababa, Ethiopia on 30-31 January 2017, and the Resolutions on the Chagos Archipelago by the Non-Aligned Movement since 1983 and most recently at the 17th Summit of the Heads of State and Government held at Margarita Island, Venezuela on 17-18 September 2016, and in particular the deep concern they express as to the forcible removal by the United Kingdom of Great Britain and Northern Ireland of all the inhabitants of the Chagos Archipelago,


Noting its decision of 16 September 2016 to include an item on the agenda of its 71st Session 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’, on the understanding that there would be no consideration of this item before June 2017,


Decides, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, to render an advisory opinion on the following questions:


I. 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?


II.  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?