Assembly/AU/Res.1(XVI)
RESOLUTION
The Assembly of the Union, at its 16th Ordinary Session held in Addis Ababa,
Ethiopia from 30 to 31 January 2011,
Recalling that the Chagos Archipelago, including Diego Garcia, was unlawfully excised
by the United Kingdom, the former colonial power, from the territory of Mauritius prior to
independence of Mauritius, in violation of UN Resolution 1514 (XV) of 14 December
1960 and 2066 (XX) of 16 December 1965 which prohibit colonial powers from
dismembering colonial territories prior to granting independence;
Reaffirming that the Chagos Archipelago, including Diego Garcia, forms an integral part
of the territory of the Republic of Mauritius;
Recalling in this regard, inter-alia:
(i)
Resolution AHG/Res.99 (XVII) of July 1980 of the Assembly of Heads of
State and Government of the Organisation of African Unity (OAU);
(ii)
Decision AHG/Dec.159 (XXXVI) of July 2000 of the Assembly of Heads of
State and Government of the Organisation of African Unity (OAU);
(iii)
Decision Assembly/AU/Dec.331(XV) of July 2010 of the Assembly of the
African Union.
Noting with grave concern that notwithstanding the OAU/AU Resolution/Decisions and
the strong opposition expressed by the Republic of Mauritius, the United Kingdom has
proceeded to establish a ‘marine protected area’ around the Chagos Archipelago on 01
November 2010, in a manner that was inconsistent with its international legal
obligations, thereby further impeding the exercise by the Republic of Mauritius of its
sovereignty over the Archipelago;
Noting further that the Government of the Republic of Mauritius has, on 20 December
2010, initiated proceedings against the United Kingdom in relation to the dispute
concerning the legality of the purported ‘marine protected area’ as set forth in the
Notification of that date, to an Arbitral Tribunal to be constituted under Article 287 and
Annex VII of the United Nations Convention on the Law of the sea;
Considering that the Government of the Republic of Mauritius is committed to taking
other measures to protect its rights under international law relating to its legitimate
aspiration to be able to exercise sovereignty over the Chagos Archipelago, including
action at the United Nations General Assembly:
1.
DECIDES to support fully the action of the Government of the Republic of
Mauritius at the United Nations General Assembly with a view to enabling
Mauritius to exercise its sovereignty over the Archipelago.