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International Court of Justice Hague Netherlands

CHAGOS RIGHTS and DECOLONIZATION-

UK Sinking being Unable to 'Rule the Waves' 

                    

The Agenda of the Proceedings of the International Court of Justice at Peace Palace, The Hague, Netherlands for Monday 03 to 06 September 2018 is as follows:

[[[Legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965 (Request for Advisory Opinion) - Public hearings

  • Monday 3 September (10 a.m – 1 p.m.; 3 p.m.-6 p.m.)
  • Tuesday 4 September (10 a.m – 11.20 a.m.; 11.40 a.m.-1 p.m.; 3 p.m.-4.20 p.m.; 4.40 p.m.-6 p.m.)
  • Wednesday 5 September (10 a.m – 11.20 a.m.; 11.40 a.m.-1 p.m.; 3 p.m.-4.20 p.m.; 4.40 p.m.-6 p.m.)
  • Thursday 6 September(10.40 a.m – 11.20 a.m.; 11.40 a.m.-1 p.m.; 3 p.m.-4.20 p.m.)]]]      

 

Watch LIVE  below, Public Hearings at INTERNATIONAL COURT of JUSTICE Hague, Nethelands.

Uploaded:  11.30 am MONDAY 03 SEPTEMBER 2018.

  

 Presentations of Monday 03 September 2018- 

Oral Statement of Mauritius: (PART 1)      

 

Oral Statement of Mauritius: (PART 2)  

 

Oral Statement of United Kingdom: (PART 1)

                                                                                                       

Oral Statement of United Kingdom: (PART 2)

 

 

Updated: 11.32 PM MONDAY 03 SEPTEMBER 2018. 

 

Presentations of Tuesday 04 September 2018-

 

Oral Statements of South Africa and Germany

      

Oral Statements of Argentina and Australia

 

Oral Statements of Brazil and Cyprus

 

Oral Statements of Belize and Botswana

 

 Updated: 10.42 PM TUESDAY 04 SEPTEMBER 2018.

 

Presentations of  Wednesday 05 September 2018-

 

Oral Statements of USA and Guatemala.

 

Oral Statements of Israel and Kenya

 

Oral Statements of Nicaragua and Nigeria 

 

Oral Statements of Marshall Islands and India

 

Updated: 11.30 pm Wednesday 05 September 2018.

 

Presentations of Thursday 06 September 2018- 

 

Oral Statements of  Serbia, Thailand and Vanuatu

 

Oral Statements of Zambia and African Union

 (Please, CLICK FORWARD to 12-00 minutes for the LIVE Video, which is from the Origin- UNWEBTV)

 

http://www.icj-cij.org/en

http://www.icj-cij.org/en/current-members

 (Update will be available later)

PKANHYE.  Updated: 5.45 pm Thursday 06 September 2018. 

 

Waves swirling in favour of Sovereignty and Human Rights

 

25 February 2019 marks a Golden Milestone achieved against the British Colonization in favour of the Sovereignty of the Republic of Mauritius and in support to the Human Rights for the evicted People of Chagos Archipelago. The International Court of Justice has deliberated pursuant to the Hearings of the Oral Statements presented by the concerned parties at Peace Palace, The Hague, Netherlands for Monday 03 to 06 September 2018.

 

Mauritius is now eligible to claim administration of Diego Garcia and the Chagos Archipelago, in lieu of UK, whose Rulers had imposed Independence by excising part of its territory. Moreover, the British have always pretended to be Champions of Democracy and yet they have exploited, looted and annihilated various countries worldwide.

 

This deliberation by the ICJ testifies that the British have caused another 'Crime-against-Humanity' in face of the Ancestors and Natives of the Chagos. This is also a tribute to the fighting spirit of the brave and hardworking Chagos Community, including late fighter Mr. Fernando Mandarin and the current Leader Mr. Olivier Bancoult.

 

Resettlement of the evicted citizens of Mauritius is now possible, as the UN Assembly will have to give the green light shortly. Compensations both to the Republic and to the Chagossians are demandable from the administrators of Britania which appears to be Unable to ‘Rule the Waves’. Besides, ‘Brexit’ seems to be another burden and hard nut for them.

 

NB: It is noteworthy to mention that the worst Oral Statement was made by the Australian representative who stated that Mauritius is making a ‘Contest’ on this issue.  

 

Refer to pages 43-45 of the Advisory Opinion report published by the ICJ, 25 February 2019. (etd).

 

177. The Court having found that the decolonization of Mauritius was not conducted in a manner consistent with the right of peoples to self-determination, it follows that the United Kingdom’s continued administration of the Chagos Archipelago constitutes a wrongful act entailing the international responsibility of that State (see Corfu Channel (United Kingdom v. Albania), Merits, Judgment, I.C.J. Reports 1949, p. 23; Gabčíkovo-Nagymaros Project (Hungary/Slovakia), Judgment, I.C.J. Reports 1997, p. 38, para. 47; see also Article 1 of the Articles on Responsibility of States for Internationally Wrongful Acts). It is an unlawful act of a continuing character which arose as a result of the separation of the Chagos Archipelago from Mauritius.

 

 

178. Accordingly, the United Kingdom is under an obligation to bring an end to its administration of the Chagos Archipelago as rapidly as possible, thereby enabling Mauritius to complete the decolonization of its territory in a manner consistent with the right of peoples to self-determination.

 

179. The modalities necessary for ensuring the completion of the decolonization of Mauritius fall within the remit of the United Nations General Assembly, in the exercise of its functions relating to decolonization. As the Court has stated in the past, it is not for it to “determine what steps the General Assembly may wish to take after receiving the Court’s opinion or what effect that opinion may have in relation to those steps” (Accordance with International Law of the Unilateral Declaration of Independence in respect of Kosovo, Advisory Opinion, I.C.J. Reports 2010 (II), p. 421, para. 44).

 

180. Since respect for the right to self-determination is an obligation erga omnes, all States have a legal interest in protecting that right (see East Timor (Portugal v. Australia), Judgment, I.C.J. Reports 1995, p. 102, para. 29; see also Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain), Second Phase, Judgment, I.C.J. Reports 1970, p. 32, para. 33). The Court considers that, while it is for the General Assembly to pronounce on the modalities required to ensure the completion of the decolonization of Mauritius, all Member States must co-operate with the United Nations to put those modalities into effect. As recalled in the Declaration on the Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations: - 43 - “Every State has the duty to promote, through joint and separate action, realization of the principle of equal rights and self-determination of peoples, in accordance with the provisions of the Charter, and to render assistance to the United Nations in carrying out the responsibilities entrusted to it by the Charter regarding the implementation of the principle” (General Assembly resolution 2625 (XXV)).

 

181. 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.

 

182. In response to Question (b) of the General Assembly, relating to the consequences under international law that arise from the continued administration by the United Kingdom of the Chagos Archipelago, the Court concludes that the United Kingdom has an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible, and that all Member States must co-operate with the United Nations to complete the decolonization of Mauritius.

183. For these reasons,

THE COURT,

(1) Unanimously, Finds that it has jurisdiction to give the advisory opinion requested;

 

(2) By twelve votes to two,

Decides to comply with the request for an advisory opinion;

IN FAVOUR: President Yusuf; Vice-President Xue; Judges Abraham, Bennouna, Cançado Trindade, Gaja, Sebutinde, Bhandari, Robinson, Gevorgian, Salam, Iwasawa;

AGAINST: Judges Tomka, Donoghue; - 44 –

 

(3) By thirteen votes to one,

Is of the opinion that, having regard to international law, 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;

IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Gaja, Sebutinde, Bhandari, Robinson, Gevorgian, Salam, Iwasawa;

AGAINST: Judge Donoghue;

 

(4) By thirteen votes to one, Is of the opinion that the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible;

IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Gaja, Sebutinde, Bhandari, Robinson, Gevorgian, Salam, Iwasawa;

AGAINST: Judge Donoghue;

 

(5) By thirteen votes to one,

Is of the opinion that all Member States are under an obligation to co-operate with the United Nations in order to complete the decolonization of Mauritius.

IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Gaja, Sebutinde, Bhandari, Robinson, Gevorgian, Salam, Iwasawa;

AGAINST: Judge Donoghue.

Done in French and in English, the French text being authoritative, at the Peace Palace, The Hague, this twenty-fifth day of February, two thousand and nineteen, in two copies, one of which will be placed in the archives of the Court and the other transmitted to the Secretary-General of the United Nations.

(Signed) Abdulqawi Ahmed YUSUF, President.

(Signed) Philippe COUVREUR, Registrar.

Source/Courtesy:

https://www.icj-cij.org/files/case-related/169/169-20190225-01-00-EN.pdf

PKANHYE.  Updated: 8.20 pm WEDNESDAY 27 FEBRUARY 2019.

 

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