Agreement Between Mauritius And The UK Fails To Guarantee Rights Of Chagossians Say UN Experts
Geneva,10 June 2025
The recently signed agreement between the United Kingdom and Mauritius fails to guarantee and protect the rights of the Chagossian people, including their right to return to Diego Garcia, effective remedy and reparations and their cultural rights, UN experts* said today.
On 22 May 2025, the United Kingdom and Mauritius signed a bilateral agreement to return sovereignty over the Chagos Archipelago, including Diego Garcia, to Mauritius to complete the decolonisation of Mauritius following years of negotiations and international pressure, including from the International Court of Justice and the General Assembly.
'By maintaining a foreign military presence of the United Kingdom and the United States on Diego Garcia and preventing the Chagossian people from returning to Diego Garcia, the agreement appears to be at variance with the Chagossians' right to return, which also hinders their ability to exercise their cultural rights in accessing their ancestral lands from which they were expelled,' the experts said.
They raised serious questions about whether the foreseen £40 million Trust Fund, which remains subject to yet-to-be adopted regulations, would comply with the right of the Chagossian people to effective remedy and adequate, effective, and prompt reparation, including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.
Most notably, the current agreement contains no provisions providing for the full panoply of the right to adequate and effective reparations as it does not provide restitution, satisfaction, and guarantees of non-repetition, the experts noted. The agreement also lacks provisions to facilitate the Chagossian people's access to cultural sites on Diego Garcia and protect and conserve their unique cultural heritage.
'In light of these significant concerns, we call for the ratification of the agreement to be suspended and for a new agreement to be negotiated that fully guarantees the rights of the Chagossian people to return to all islands of the Chagos Archipelago, including Diego Garcia. This includes their right to adequate and effective remedy and reparations, including restitution, satisfaction, and guarantees of non-repetition, as well as their cultural rights,' the experts said.
The experts had previously raised concerns about continuous forced displacement of the Chagossian people and lack of their effective participation in decision-making processes concerning negotiations over the Chagos Archipelago, in letters to the governments of Mauritius and the United Kingdom on 21 February 2023 as well as through a press release on 10 October 2024.
'We are gravely concerned about the lack of meaningful participation of Chagossians in processes that have led to the agreement,' the experts said.
They urged the Governments of the United Kingdom and Mauritius to apply a human rights-based approach in addressing historical injustices against the Chagossian people.
The experts are in touch with the United Kingdom and Mauritius regarding these issues.
*The experts: Nicolas Levrat, Special Rapporteur on minority issues; K.P. Ashwini, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; Bernard Duhaime, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, and Bina D'Costa, Working Group of Experts on People of African Descent.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Scoop
8 hours ago
- Scoop
NZ Has A Vast Sea Territory But Lags Behind Other Nations In Protecting The Ocean
Article – The Conversation Two international ocean science and policy meetings this month have called on nations to be more ambitious in their efforts to protect and restore marine ecosystems. For the past fortnight, the city of Nice in France has been the global epicentre of ocean science and politics. Last week's One Ocean Science Congress ended with a unanimous call for action to turn around the degradation of the ocean. And this week, the United Nation's Ocean Conference agenda focused on better protection of marine biodiversity, sustainable fisheries and emissions cuts. The message is clear. With only five years to the UN's 2030 target for its sustainable development goal – to conserve the oceans, seas and marine resources – and the Global Biodiversity Framework requirement to protect 30% of the ocean, we need to make significant progress. We all attended last week's meeting, together with more than 2,000 marine scientists from 120 countries. Here, we reflect on New Zealand's role and obligations to contribute to these global goals. Legal imperatives Globally, the ocean is warming and acidifying at accelerating rates. New Zealand's waters are not immune to this, with more marine heatwaves which further stress our threatened marine biodiversity. We depend directly on these ocean ecosystems to provide the air we breathe, moderate the impacts of climate change and feed millions of people. New Zealand has significant influence on ocean policy – from Antarctica to the sub-tropical Pacific, and within its sea territory, which is 15 times the size of its landmass and spans 30 degrees of latitude. The government is required by law to take action to secure a healthy ocean. A recent advisory opinion from the International Tribunal on the Law of the Sea unanimously found that states, including New Zealand, have obligations under international law to reduce the impacts of climate change on marine areas, to apply an ecosystem approach to marine law and policy, reduce pollution and support the restoration of the ocean. New Zealand courts have recognised the need to take a precautionary and ecosystem-based approach to marine management, based on science, tikanga and mātauranga Māori. These legal cases are part of a global upswell of strategic environmental and climate litigation. If New Zealand does not comply with these marine legal obligations, it may well find itself before the courts, incurring significant legal and reputational costs. International agreements In 2022, New Zealand was one of 196 countries that committed to protecting at least 30% of the world's coastal and marine areas by 2030 under the Global Biodiversity Framework. New Zealand was an enthusiastic supporter, but only 0.4% of its marine territory is fully protected in no-take marine reserves. Former prime minister Helen Clark has criticised the current government for lagging behind on marine protection, especially in failing to ban bottom trawling. At this week's UN ocean summit, a further 18 countries have ratified an agreement known as the High Seas Treaty, bringing the total to 50, still short of the 60 nations needed for it to enter into force. New Zealand signed this treaty just before the last general election, but is yet to ratify it. Foreign Minister Winston Peters represented New Zealand at the UN ocean conference, but focused mainly on issues in the Pacific. Meanwhile, the government announced sweeping changes to the national direction on environmental policy, including reworking the New Zealand Coastal Policy Statement to better enable the use and development of the coastal environment for 'priority activities' such as aquaculture, resource extraction, infrastructure and energy. Oceanic environmental change is real and accelerating Some countries showed that effective leadership can help navigate to a safe future for the oceans. For example, China's commitment to clean energy has seen carbon dioxide emissions begin to fall for the first time despite higher power consumption. At the UN ocean summit, French Polynesia's president announced his administration would establish one of the world's largest networks of marine protected areas. The cost of inaction far outweighs the economics of the status quo. Ongoing ocean warming is already affecting weather patterns, with more extreme storms. It is possible for marine ecosystems to recover quite rapidly if they are protected, at least temporarily. Yet this year, New Zealand's government found itself in hot water (once again) with both conservationists and Māori for its management of fisheries. We argue New Zealand has an opportunity and responsibility to demonstrate it can shift the downward spiral of oceanic degradation. The overwhelming message at the half-way point of the UN Ocean Decade is that for marine science to transform the state of our oceans it needs to include Indigenous peoples who have routinely been sidelined from ocean policy discussions despite their longstanding rights and relationships with the ocean. New Zealand already has a foundation of transdisciplinary and Indigenous ocean research to develop ocean policies that are fit for local purposes and to answer global calls to action. We have a unique window of opportunity to lead the changes needed. Conrad Pilditch, Professor of Marine Sciences, University of Auckland, Waipapa Taumata Rau; Elizabeth Macpherson, Professor of Law and Rutherford Discovery Fellow, University of Canterbury; Joanne Ellis, Associate Professor of Marine Science, University of Waikato; Karen Fisher, Professor in Human Geography, University of Auckland, Waipapa Taumata Rau; Karin Bryan, Professor of Coastal Oceanography, University of Auckland, Waipapa Taumata Rau; Rachael Mortiaux, PhD Candidate in Law, University of Canterbury, and Simon Francis Thrush, Director of the Institute of Marine Science, University of Auckland, Waipapa Taumata Rau Disclosure statement Conrad Pilditch currently receives funding from the Department of Conservation and the Ministry for Business, Innovation and Employment. Elizabeth Macpherson receives funding from Te Apārangi The Royal Society. Karin Bryan receives funding from the Marsden Fund, the Ministry for Business, Innovation and Employment, the George Mason Centre for the Natural Environment and Waikato Regional Council. Simon Francis Thrush receives funding from ERC, Ministry for Business, Innovation and Employment and the Auckland Foundation Joanne Ellis, Karen Fisher, and Rachael Mortiaux do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.
Scoop
9 hours ago
- Scoop
Palau's President Says New Index Should Be Used To Classify Economic Position
'We face profound socioeconomic vulnerability and we cannot let GDP alone determine our eligibility for support.' Christina Persico Palau's president says the country is sometimes classified as a high-income nation based on its gross domestic product (GDP) – something he called a 'pressing injustice'. Surangel Whipps Jr delivered an address at the Global Platform for Disaster Risk Reduction in Geneva, Switzerland, last week. Whipps said this classification ignored a 'deeper truth'. 'Many of our people live in income poverty,' he said. And climate disasters pushed them deeper into that, Whipps said. 'We face profound socioeconomic vulnerability and we cannot let GDP alone determine our eligibility for support.' He said the UN's multidimensional vulnerability index (MVI) should be used to 'ensure a more just and accurate measure of our economic reality'. The United Nations is working with small island developing states (SIDS) on the development and implementation of an MVI. The UN said most SIDS are not the poorest nations, but their costs are so much greater – and accessing financing is more difficult. 'A multidimensional vulnerability index has the potential to ensure truly inclusive sustainable development,' it said. 'These small island nations have repeatedly said that traditional measures of development insufficiently capture their vulnerabilities. 'When it comes to financing, debt relief and aid, the use of unsuitable, outdated, simplistic [gross national income] measurements unfairly lock out SIDS from accessing the help they need.' Whipps also spoke on climate impacts in his nation, and said the dialogue's theme – 'Everyday counts – act for resilience today' – 'resonates deeply with us in Palau'.
Scoop
9 hours ago
- Scoop
NZ Has A Vast Sea Territory But Lags Behind Other Nations In Protecting The Ocean
Two international ocean science and policy meetings this month have called on nations to be more ambitious in their efforts to protect and restore marine ecosystems. For the past fortnight, the city of Nice in France has been the global epicentre of ocean science and politics. Last week's One Ocean Science Congress ended with a unanimous call for action to turn around the degradation of the ocean. And this week, the United Nation's Ocean Conference agenda focused on better protection of marine biodiversity, sustainable fisheries and emissions cuts. The message is clear. With only five years to the UN's 2030 target for its sustainable development goal – to conserve the oceans, seas and marine resources – and the Global Biodiversity Framework requirement to protect 30% of the ocean, we need to make significant progress. We all attended last week's meeting, together with more than 2,000 marine scientists from 120 countries. Here, we reflect on New Zealand's role and obligations to contribute to these global goals. Legal imperatives Globally, the ocean is warming and acidifying at accelerating rates. New Zealand's waters are not immune to this, with more marine heatwaves which further stress our threatened marine biodiversity. We depend directly on these ocean ecosystems to provide the air we breathe, moderate the impacts of climate change and feed millions of people. New Zealand has significant influence on ocean policy – from Antarctica to the sub-tropical Pacific, and within its sea territory, which is 15 times the size of its landmass and spans 30 degrees of latitude. The government is required by law to take action to secure a healthy ocean. A recent advisory opinion from the International Tribunal on the Law of the Sea unanimously found that states, including New Zealand, have obligations under international law to reduce the impacts of climate change on marine areas, to apply an ecosystem approach to marine law and policy, reduce pollution and support the restoration of the ocean. New Zealand courts have recognised the need to take a precautionary and ecosystem-based approach to marine management, based on science, tikanga and mātauranga Māori. These legal cases are part of a global upswell of strategic environmental and climate litigation. If New Zealand does not comply with these marine legal obligations, it may well find itself before the courts, incurring significant legal and reputational costs. International agreements In 2022, New Zealand was one of 196 countries that committed to protecting at least 30% of the world's coastal and marine areas by 2030 under the Global Biodiversity Framework. New Zealand was an enthusiastic supporter, but only 0.4% of its marine territory is fully protected in no-take marine reserves. Former prime minister Helen Clark has criticised the current government for lagging behind on marine protection, especially in failing to ban bottom trawling. At this week's UN ocean summit, a further 18 countries have ratified an agreement known as the High Seas Treaty, bringing the total to 50, still short of the 60 nations needed for it to enter into force. New Zealand signed this treaty just before the last general election, but is yet to ratify it. Foreign Minister Winston Peters represented New Zealand at the UN ocean conference, but focused mainly on issues in the Pacific. Meanwhile, the government announced sweeping changes to the national direction on environmental policy, including reworking the New Zealand Coastal Policy Statement to better enable the use and development of the coastal environment for 'priority activities' such as aquaculture, resource extraction, infrastructure and energy. Oceanic environmental change is real and accelerating Some countries showed that effective leadership can help navigate to a safe future for the oceans. For example, China's commitment to clean energy has seen carbon dioxide emissions begin to fall for the first time despite higher power consumption. At the UN ocean summit, French Polynesia's president announced his administration would establish one of the world's largest networks of marine protected areas. The cost of inaction far outweighs the economics of the status quo. Ongoing ocean warming is already affecting weather patterns, with more extreme storms. It is possible for marine ecosystems to recover quite rapidly if they are protected, at least temporarily. Yet this year, New Zealand's government found itself in hot water (once again) with both conservationists and Māori for its management of fisheries. We argue New Zealand has an opportunity and responsibility to demonstrate it can shift the downward spiral of oceanic degradation. The overwhelming message at the half-way point of the UN Ocean Decade is that for marine science to transform the state of our oceans it needs to include Indigenous peoples who have routinely been sidelined from ocean policy discussions despite their longstanding rights and relationships with the ocean. New Zealand already has a foundation of transdisciplinary and Indigenous ocean research to develop ocean policies that are fit for local purposes and to answer global calls to action. We have a unique window of opportunity to lead the changes needed. Conrad Pilditch, Professor of Marine Sciences, University of Auckland, Waipapa Taumata Rau; Elizabeth Macpherson, Professor of Law and Rutherford Discovery Fellow, University of Canterbury; Joanne Ellis, Associate Professor of Marine Science, University of Waikato; Karen Fisher, Professor in Human Geography, University of Auckland, Waipapa Taumata Rau; Karin Bryan, Professor of Coastal Oceanography, University of Auckland, Waipapa Taumata Rau; Rachael Mortiaux, PhD Candidate in Law, University of Canterbury, and Simon Francis Thrush, Director of the Institute of Marine Science, University of Auckland, Waipapa Taumata Rau Disclosure statement Conrad Pilditch currently receives funding from the Department of Conservation and the Ministry for Business, Innovation and Employment. Elizabeth Macpherson receives funding from Te Apārangi The Royal Society. Karin Bryan receives funding from the Marsden Fund, the Ministry for Business, Innovation and Employment, the George Mason Centre for the Natural Environment and Waikato Regional Council. Simon Francis Thrush receives funding from ERC, Ministry for Business, Innovation and Employment and the Auckland Foundation Joanne Ellis, Karen Fisher, and Rachael Mortiaux do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.
