Mauritius has a considerable ally in its fight to recover sovereignty over the Chagos. The Commonwealth support openly shown through its secretary-general’s harsh criticism of British PM Tony Blair’s attitude and the offer of legal aid towards the Chagos issue came as a soothing balm. All hope seemed lost after Britain’s “devious” moves to prevent the Mauritian claim from advancing successfully.

The prime minister Paul Bérenger had a one-hour discussion with Commonwealth secretary general, Don Mc Kinnon. He critized Tony Blair for not receiving the Mauritian PM on his London visit because of “diary commitments”. …. but also the British moves to counter the efforts of Mauritius to recover its sovereignty over the Chagos archipelago excised in 1965 and now occupied by a US military base. “You do not hit someone over the head before they have come through your front gate,” he said at a press conference just after his meeting with Paul Bérenger.

The latest British scheme to prevent Mauritius from asking for an advisory opinion from the International Court of Justice (ICJ) in The Hague was an announcement made by Overseas territories minister, Bill Rammel, in the House of Commons last week. Britain notified the United Nations Organisation (UN) that it would not accept to be challenged by present or former Commonwealth members.

In a Convention of 1968, Great Britain recognised the ICJ powers under certain conditions. For instance, a Commonwealth member could not challenge Britain before this Court. Likewise, Britain recognised disputes that had occurred as from 1945.

However, as soon as British authorities heard that Mauritius was trying to take the sovereignty issue to the ICJ, they immediately changed the rules of the game.

Not only do they refuse the right to present Commonwealth members but they have also extended it to former members. Moreover, they will not consider events occurring before 1975. These decisions thwarted what seemed at the time the best option for Mauritius. The dismembering of the Mauritian territory having taken place in 1965, the issue was no longer relevant.

Fortunately, the assurance given by Don McKinnon to Paul Bérenger that the Commonwealth Legal Advice Service is ready to advise on any issue leaves some hope that Mauritius has other means of recovering its lost sovereignty.

However, the British government does not seem ready to change its stand. Tony Blair could not meet Paul Bérenger. Although the Chagos issue was not going to be “discussed substantially”, this meeting could have helped reduce the tension between Mauritius and Great Britain. The more so, as Tony Blair had given no response to requests for such a meeting for weeks. He just sent Paul Bérenger a “friendly letter” explaining why they could not meet and recalled the historical ties between the two countries. In turn, the Mauritian PM refused invitations to talk to Foreign minister Jack Straw and to meet Bill Rammell saying he “could not fit them into his diary”.

The recent changes denying the Chagossians the right to resettle in their homeland gave rise to hot debates in Westminster. While the High Court gave the right to Chagossians to go back to their island in 2000, the Parliament adopted two Orders in council on 10th June cancelling the High Court judgment. These orders give back total control to the British authorities regarding immigration to the archipelago. Jeremy Corbyn, the Labour MP campaigning for the islanders, who initiated the Commons debate, criticises the way the latter were cheated in the mid-60s.

The Commonwealth secretary general condemns the behaviour of Britain as head of the Commonwealth, a free association of 53 former British colonies. The group is governed by principles promoting democracy, good governance, respect of human rights, justice, respect of law and sustainable socio-economic development. According to Don Mckinnon, Britain seems to have forgotten the very principles it is supposed to defend. At the same time, he considers it would be a great loss for the Commonwealth if Mauritius were to leave.

Mauritius does not know yet if it will withdraw from the Commonwealth and it is waiting for further legal advice. However, Paul Bérenger made it clear that “our status as a Commonwealth country is very precious and useful (…) If we have to leave for legal reasons, this would break our hearts.” “Our pride has been hurt”, he concedes, referring to the latest measures taken by Britain. Jayen Cuttaree, minister of foreign affairs and acting prime minister in the absence of both the PM and the VPM, had earlier expressed his surprise and anger. “We are shocked by the British resolution.”

Of course, the fight is a fair one but does Mauritius have the necessary weapons? In this period of globalisation, abolition of trade barriers and review of the sugar protocol by the European Union, can Mauritius afford to strain further its relations with the two big powers? In its claim, Mauritius has never had so much credit as it is enjoying now. By showing to the whole world that it is ready to do anything to escape justice, Great Britain has proved how genuine and legitimate our request is. It is already a first victory. The fight must go on.

<I>Britain seems to have forgotten the very principles it is supposed to defend. Don McKinnon thinks it would be a great loss for the Commonwealth if Mauritius were to leave.</I>