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/73/295
Having received the advisory opinion of the Court, rendered on 25 February
2019, 1 in which the Court found that:
(a) “The process of decolonization of Mauritius was not lawfully completed
when that country acceded to independence in 1968, following the separation of the
Chagos Archipelago”,
(b) “The United Kingdom is under an obligation to bring to an end its
administration of the Chagos Archipelago as rapidly as possible”,
(c) “All Member States are under an obligation to co-operate with the United
Nations in order to complete the decolonization of Mauritius”,
(d) “As regards the resettlement on the Chagos Archipelago of Mauritian
nationals, including those of Chagossian origin, this is an issue relating to the
protection of the human rights of those concerned, which should be addressed by the
General Assembly during the completion of the decolonization of Mauritius ”,
Considering that respect for the Court and its functions, including in the exercise
of its advisory jurisdiction, is essential to international law and justice and to an
international order based on the rule of law,
Reaffirming the responsibility of the United Nations, in accordance with
resolution 1514 (XV), to assist in the process of decolonization of Mauritius,
1.
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
2.
Affirms, in accordance with the advisory opinion of the Court, that:
(a) 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;
(b) The Chagos Archipelago forms an integral part of the territory of
Mauritius;
(c) 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;
(d) The United Kingdom is under an obligation to bring to an end its
administration of the Chagos Archipelago as rapidly as possible;
(e) 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;
(f) 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;
3.
Demands that the United Kingdom of Great Britain and Northern Ireland
withdraw its colonial administration from the Chagos Archipela go 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;
__________________
1
2/3
See A/73/773.
19-08474