Chagos Islands: UN General Assembly Resolution

Alex Chalk Excerpts

Wednesday 3rd July 2019 Westminster Hall

[Patrick Grady]

Speaking as a member of a self-determination movement, I wholeheartedly agree. I had the huge privilege of meeting Benny Wenda from the West Papua campaign recently. The SNP has a long history of solidarity with that cause. These are not difficult problems for the Government to solve. I will come on to why there are some good reasons why they should do so.

The UN handed down that resolution in the context of an advisory opinion issued by the International Court of Justice on 25 February, which reached exactly the same conclusions. It is a comprehensive, definitive statement made under the due process of the international rules-based order. The UK Government, who are a permanent member of the UN Security Council, self-define as a soft-power superpower, believe that Brexit will lead to a glorious new era of empire 2.0, have invested millions of pounds in a global branding exercise called “Britain is GREAT”, and repeatedly demand that any number of other countries around the world comply with decisions of the United Nations, have none the less chosen to reject the resolution pretty much outright. They have left themselves in a state of diplomatic humiliation and international isolation. The five other countries that supported the Government at the UN were the Maldives and Hungary, Australia and Israel—neither of which are without critics of their own human rights records—and the United States of America, which is led by a man who is basically an international laughing stock. It is pretty damning stuff.

Whenever any of us has questions about whether blindly ignoring the advisory opinion of the ICJ and 116 other members of the UN General Assembly is a good idea for a country that is busy trying to extract itself from the biggest and most successful economic, social and political Union in history, the Government and the Minister simply double down. They say that Chagos has been under continuous British sovereignty since 1814 and has never been part of the Republic of Mauritius, but that ignores the fact that the islands were a dependency of Mauritius when it was administered first by the French and then as a British colony until 1965, when it was detached from Mauritius as a precondition of independence, the declaration of which was drafted by UK lawyers in 1968. It ignores the ICJ’s findings that the colony, by definition, could not freely agree to detachment as part of its territory prior to independence.

[Alex Chalk (Cheltenham) (Con)]

It is important to note that the judgment, so to speak, that came out of the ICJ was an advisory opinion, not a binding judgment. It is very important that we do not give the impression in this Chamber that it was more than it in fact was. Is the hon. Gentleman not overstating the case somewhat?

[Patrick Grady]

It is a very powerful statement that was made by a very significant number of countries, and it has left the United Kingdom isolated diplomatically.

The Government say that the UK needs to retain the Chagos islands in order to support the US military presence on Diego Garcia—as if supporting a base for weapons of mass destruction, which has helped facilitate extraordinary rendition, should somehow help us sleep more easily at night. However, the existence of the base is not dependent on British sovereignty, and it is only on the largest of the 55 islands. The rest remain uninhabited as a result of the forced deportation of the community in the ’60s and ’70s. It would be perfectly possible to settle there.

--- Later in debate ---

[The Minister for Europe and the Americas (Sir Alan Duncan)]

Thank you, Mr Sharma, for chairing our proceedings. I also thank the hon. Member for Glasgow North (Patrick Grady) for securing the debate—at least, that is what I thought 20 minutes ago.

I think it would be helpful if I set out the background to the Government’s position on the British Indian Ocean Territory. The UK has administered the islands that make up the British Indian Ocean Territory since 1814, when France ceded the islands to Britain. It also ceded Mauritius, which then included the Seychelles. For administrative convenience, and following French practice, the islands were administered as a dependency of Mauritius until 1965, when, with the full agreement of the Mauritian Council of Ministers, they were detached to form part of the newly established colony of the British Indian Ocean Territory, which we know as BIOT.

Mauritius entered that agreement in return for certain benefits, including a sum of £3 million and a UK commitment to cede the territory when it is no longer needed for defence purposes. That UK commitment still stands. Mauritius affirmed the 1965 agreement numerous times following independence, and the agreement was held to be legally binding by a UN convention on the law of the sea tribunal in 2015. No international court or tribunal has ever found our sovereignty to be in doubt.

In 1966, the UK agreed with the US to make BIOT available for the defence purposes of the UK and the US. The UK does not lease the territory to the US and receives no financial payment from it. The US presence on BIOT is governed by a series of letters, called exchanges of notes, of which the overarching agreement sets out that the whole territory should be made available for UK and US defence purposes for an initial 50-year period from 1966 to 2016.

On 16 November 2016, the Government announced that neither the US nor the UK had given notice to terminate the agreement. Therefore, the US presence on Diego Garcia will continue for a further 20 years until 30 December 2036. BIOT has been a key strategic asset and continues to be vital for defence use by the UK and its allies. The joint UK-US facility on the territory has helped us and our allies to combat some of the most challenging threats to international peace and security, including from terrorism, organised crime and piracy. It is increasingly important at a time of conflicts of international significance, and those functions are only possible under UK sovereignty.

When Mauritius took the matter to the UN General Assembly in 2017, it did so using the argument that our continued administration of BIOT means that the process of decolonisation remains incomplete. That argument completely fails to acknowledge the 1965 agreement. Mauritius’s claim to sovereignty over the islands, which we strongly refute, is not a decolonisation matter, but a bilateral dispute between Mauritius and the UK. It is therefore disappointing that the matter should ever have been referred to the International Court of Justice by the UN General Assembly. It is an accepted international principle that states should not be compelled to have their bilateral disputes adjudicated on by the ICJ without their consent, particularly on questions of sovereignty. Circumventing that principle sets a very dangerous precedent.

Nevertheless, the Government have considered the Court’s advice carefully. We have concluded that the approach set out in the advisory opinion failed to give due regard to material facts and legal issues that the UK Government explained in detail in our submissions to the ICJ. For instance, it did not take account of the 1965 agreement with Mauritius or the numerous affirmations of that agreement made by Mauritius since independence. Furthermore, it fails to address the fact that the UK and US have entered into a binding treaty obligation to maintain UK sovereignty over the whole territory until at least 2036.

When the UN General Assembly voted on the matter in May this year, following the ICJ advisory opinion, we fully expected a large number of member states to support the resolution in Mauritius’ favour, framed as it was around the emotive theme of decolonisation. However, it is important to note that nearly 80 member states did not vote in favour of the resolution. Many of them shared our concern that Mauritius had circumvented the principle that the ICJ should consider bilateral disputes only with the consent of the states. Furthermore, some states explained publicly that they had voted in favour of the resolution out of respect for the ICJ and not necessarily because they agreed with the substance of the resolution.

The UK, too, respects the ICJ. Despite our concerns, we participated fully in the ICJ process so as to ensure that we could present accurate facts and arguments, including on why granting the Court jurisdiction on a bilateral dispute without the consent of both parties could have wider implications for all UN member states in the future.

The issue of sovereignty has recently become entangled with arguments about resettlement, which we have just heard. We need to remember that the outer islands are not just remote but tiny, the largest being no bigger than Hyde Park. They are also extremely low-lying and have no functioning infrastructure. The UK commissioned an independent feasibility study on the practicalities of resettlement, and the study recognised that there would be significant challenges. An interesting comparison to note in passing is that Scotland has 790 islands, of which only 94 are inhabited.

In my role as Minister for Europe and the Americas, I am proud to play my part in the UK’s efforts to defend and strengthen institutions such as the UN and to uphold the norms that underpin the rules-based international system.

[Alex Chalk]

In his speech, the hon. Member for Glasgow North (Patrick Grady) suggested that the UK was somehow flouting international law, but we are a nation of laws. Does my right hon. Friend the Minister agree with me that it would be a gross mischaracterisation to suggest that that has happened in this case? What we are discussing is not a judgment that is binding on the UK, but an advisory opinion, which is not; there is a difference. Does the Minister agree?

[Sir Alan Duncan]

My hon. Friend is absolutely right, as indeed was my hon. Friend the Member for Rochford and Southend East (James Duddridge); and, in acknowledging what my hon. Friend the Member for Cheltenham (Alex Chalk) has just said, I say very clearly that the UK continues to be seen as one of the most prominent international champions of the rule of law across the globe.

The UK recognises the important role that the UN has played, and continues to play, on the issue of decolonisation, including in territories formerly administered by the UK. We will continue to engage fully in the UN General Assembly and to be a staunch defender of human rights institutions and norms. We will also continue to support the role of international courts when states have failed to meet their responsibilities. That is clearly not the case in this instance. We regret that this issue continues to occupy the time and attention of the General Assembly. The UK remains committed to seeking resolution of this bilateral sovereignty dispute with Mauritius through direct, bilateral dialogue.

I have to say, as I conclude, that I do rather sense—