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Britain
allowed a few of the evicted Chagossian islanders back for a brief visit in
2006 (AFP Photo/STRINGER)
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The Hague (AFP) - Britain should give up control of the Chagos Islands in the Indian Ocean "as rapidly as possible", the UN's top court said Monday in a decades-old row with Mauritius over an archipelago that is home to a huge US airbase.
The
International Court of Justice said in a legal opinion that Britain had
illegally split the islands from Mauritius before independence in 1968, after
which the entire population of islanders was evicted.
Mauritius
and the exiled Chagossians reacted with delight to the "historic"
opinion delivered by judges in The Hague, which is non-binding but will carry
heavy symbolic and political weight.
Britain
however defended its hold on the islands, saying the Diego Garcia military
base, which has been used to bomb Iraq and Afghanistan, protected people around
the world.
"The
United Kingdom's continued administration of the Chagos Archipelago constitutes
a wrongful act," chief judge Abdulqawi Ahmed Yusuf said.
"The
United Kingdom is under an obligation to bring an end to its administration of
the Chagos Archipelago as rapidly as possible, thereby allowing Mauritius to
complete the decolonisation of its territory."
The UN
General Assembly in 2017 adopted a resolution presented by Mauritius and backed
by African countries asking the ICJ to offer legal advice on the island chain's
fate and the legality of the deportations.
'So
happy'
Colonial
power Britain split off the islands from Mauritius -- which lies around 2,000
kilometres (1,200 miles) away -- three years before Port Louis gained
independence in 1968. It also paid Mauritius three million pounds.
Between
1968 and 1973 around 2,000 Chagos islanders were evicted, to Britain, Mauritius
and the Seychelles, to make way for a military base on Diego Garcia, the
largest of the islands. The evictions were described in a British diplomatic
cable at the time as the removal of "some few Tarzans and Man
Fridays".
Diego Garcia is now under lease to the United States and played a key strategic role in the Cold War before being used as a staging ground for US bombing campaigns against Afghanistan and Iraq in the 2000s.
Diego Garcia is now under lease to the United States and played a key strategic role in the Cold War before being used as a staging ground for US bombing campaigns against Afghanistan and Iraq in the 2000s.
Olivier
Bancoult, chairman of the Mauritius-based Chagos Refugees Group, told reporters
outside court that he was "so happy".
"It is
a big victory against an injustice done by the British government for many
years. We people have been suffering for many years -- I am so lucky
today," he said.
Mauritius
Prime Minister Pravind Jugnauth hailed it as a " historic moment for
Mauritius and all its people".
"Our
territorial integrity will now be made complete, and when that occurs, the
Chagossians and their descendants will finally be able to return home," he
said in a statement.
The ICJ
opinion comes as a stunning blow to London in a case that goes to the heart of
historic issues of decolonisation and current questions about Britain's place
in the world as it prepares to leave the European Union.
Mauritius'
lawyer Philippe Sands said there was "no wiggle room" in the judges'
view and that Britain would resist pressure to comply.
"I
suspect the United Kingdom will say to itself, what resistance can we put up to
moving forward -- and particularly in the context of Brexit, as the United
Kingdom finds itself a little bit isolated in the world," he told
reporters outside court.
Britain's
foreign ministry rejected the court's opinion.
"The
defence facilities on the British Indian Ocean Territory help to protect people
here in Britain and around the world from terrorist threats, organised crime
and piracy," the Foreign and Commonwealth Office said in a statement.
'Shameful' evictions
When judges
heard the case in September, Mauritius argued that it was illegal for Britain
to have broken up its territory while it was still the colonial power.
Britain,
while apologising for the "shameful" way it evicted thousands of
islanders, insisted Mauritius was wrong to have brought the case to the ICJ.
The United
States meanwhile said the court had a "duty" not to take a position
on the row.
The Chagos
Islanders have already taken their battle through the courts in Britain, where
their supporters included the current Labour opposition leader, Jeremy Corbyn.
The legal
opinion is only the 28th since the ICJ was set up in 1946 in the wake of World
War II to provide a tribunal to resolve disputes between UN member states.
Previously
such opinions include one on Israel's West Bank barrier in 2004, which judges
said was illegal, and declaring legal Kosovo's declaration of independence in
2010.c







