Mauritian sovereignty over the Chagos archipelago has no price,” prime minister, Paul Bérenger declared. He will be in London this week to discuss the issue with Commonwealth Secretary General Don Mc Kinnon. Mauritius is thinking of withdrawing from the Commonwealth if this could help recover its sovereignty. Paul Bérenger has insisted that the government is not happy to take this decision but it could well be the price to pay.

No decision has been made yet. The government is still waiting for legal advice from an international lawyer, Mr. Brownie, to know if Mauritius can go to the International Court of Justice in the Hague and still remain in the Commonwealth. Any action in the Hague would be in violation of the convention clause that links Mauritius with other member states. According to this clause, a conflict between two member states has to be settled within the organisation. This is why Mauritius could have to withdraw.

In fact, Mauritius will miss the fact that the Commonwealth is a “democratic club”, which allows exchanges between member countries. However, “we can live without being a member of the Commonwealth.” The prime minister’s tone is defiant and undiplomatic and damage the relationships between Great Britain and Mauritius.

Diplomatic incident

In practical terms, withdrawing from the Commonwealth will deprive Mauritius of the certain opportunities like cultural agreements or scholarships for its students or the parliamentary association, where the various countries meet and share their experiences.

As far as these issues are concerned it is not a matter of life and death. But such a decision could lead to more difficulties. Herve Lassemillante, legal counsel of the Social Committee of Chagossians, explains that one of the direct consequences would be for the Mauritian judiciary. The Privy Council is the highest court of appeal for Mauritius. Would the government go as far as setting up its own court of appeal?

A withdrawal from the Commonwealth may lead to diplomatic incidents. The prime minister made it clear that Mauritius would withdraw from the Commonwealth for legal reasons – to facilitate the recovery of sovereignty but other Commonwealth members may see things differently. This could create tension towards Mauritius on an international level.

Actually the Mauritian government hopes that it might avoid this radical reaction; a move from London is very much expected to avoid going to the International Court. But this move has been awaited for a number of weeks without any positive result. After the two Orders in Council prohibiting Chagossians from going back to their island, the prime minister has decided to resort to legal action.

But the PM says he still hopes for a positive development from Great Britain: “We will not rush into anything.” His aim might be to find a consensus. But is he sending out the right signals?