EMBASSY OF THE KINGDOM OF LESOTHO
TO BELGIUM
BOULEVARD GENERAL WAHIS, 45 - 1030 BRUSSELS
YOUR REF.:
OUR REF.l,M/ICJ / 1
NOTE NO. 15/2018
TEL. : 0032.2.705.39.76
FAX : 0032.2.705.67.79
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[email protected]
The Embassy of Kingdom of Lesotho presents its compliments to
the International Court of Justice and with reference to the Legal
Consequences of the Separation of the Chagos Archipelago from
Mauritius in 1965, has the honour to forward herewith a written
submission from the Government of the Kingdom of Lesotho in
support of the Republic of Mauritius on the issue of the disputed
Chagos Archipelago.
The Embassy of the Kingdom of Lesotho avails itself of this
opportunity to renew to the International Court of Justice the
assurances of its highest consideration.
BRUSSELS, 18T MARCH 2018
International Court of Justice
Peace Palace
Carnegieplein 2
2517 KJ THE HAGUE
TH NETHERLANDS
LESOTHO
FR/INTER/16
Mr. Phillippe Couvereur
Registrar
International Court of Justice
Peace Palace
Carnegieplein 2
2517 KJ
The Hague
Netherlands
Minister's Office
Ministry of Foreign Affairs and
International Relation\
P.O. Box l 387
MASERU I 00
01 March, 2018
LEGAL CONSEQUENCES OF THE SEPARATION OF THE CHAGOS
ARCHIPELAGO FROM MAURITIUS IN 1965
(REQUEST FOR ADVISORY OPINION)
Excellency,
With reference to the above-mentioned proceedings, I have the honour to
submit the written statement of the Kingdom of Lesotho in accordance with the
timetable set by the Court.
It 1s recalled that on 22 June 2017, the United Nations General Assembly
adopted Resolution 71/292, requesting the IO to give an advisory opinion on the
following questions:
1) Was the process of decolonization of Mauritius lawfully completed when
Mauritius was granted independence in 1968, following the separation of
the Chagos Archipelago from Mauritius and having regard to international
law, including obligations reflected in General Assembly resolutions 1514
(XV) of 14 December 1960, 2066 (XX) of 16 December 1965, 2232(XXI) of
20 December 1966 and 2357(XXII) of 19 December 19677
2) What are the consequences under international law, including obligations
reflected in the above-mentioned resolutions, arising from the continued
administration by the United Kingdom of Great Britain and Northern
Tel.:(+266) 22 311 746 Fax: Fax (+266) 22 310 527
Ireland of the Chagos Archipelago, including with respect to the inability of
Mauritius to implement a programme for the resettlement on the Chagos
Archipelago of its nationals, in particular those of Chagossian origin?
The UNGA competence to ask for the Advisory Opinion
Resolution 71/292 was adopted by the required majority of States present and
voting under rule 85 of the General Assembly Rules of Procedure (94 votes to
15) and the questions addressed to the Court fall within the competence of the
UNGA, which has been dealing with the decolonization of Mauritius as part of its
decolonization mandate and pursuant to Resolution 1514 (XV) (1960).
The Nature of the Question
The two questions posed are of a legal character and of a broad nature which
are of concern to the entire international community.
Jurisdiction and admissibility
The questions addressed to the Court are located in "a broader frame of
reference than the settlement of a particular dispute and embrace other
elements"; these elements "are not confined to the past but are also directed to
the present and the future", and are "directly of concern to the United Nations".
[Western Sahara Advisory Opinion, para. 38; Wall Advisory Opinion, para. 49].
Consequently, the Court has jurisdiction to answer the questions that have been
referred to it, and it should exercise its discretion to do so.
The Kingdom of Lesotho reserves its right to supplement this statement with
written comments on statements submitted by other States, in accordance with
the timetable set by the Court in due course.
Please accept, Excellency, the assurances of my highest consideration.
Hon. Halebonoe James Setsabi (MP)
Acting Minister of Foreign Affairs
and International Relations
Written Statement of Lesotho