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NV017 I 2018
CONFIDENTIAL
The Embassy of the Republic of Cuba in the Kingdom of The
Netherlands presents its compliments to the Honorable Registrar of
International Court of Justice and has the honour to submit the written
statement of the Republic of Cuba in accordance with the timetable set by the
Court with regard to the Unite Nations General Assembly Resolution 71/292
adopted on 22 June 2017, by which it decided, pursuant to Article 65 of the
Statute of the Court, to request the International Court of Justice to render 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 (XX/1) of 19 December 1967?
(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 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 Embassy of the Republic of Cuba in the Kingdom of The Netherlands avails
itself of this opportunity to renew to the Honorable Registrar of International
Court of Justice the assurances of its highest consideration
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the Hague, 28 February, 2018
To the Honorable Registrar of International Court of Justice
The Hague
CONFIDENTIAL
WRITTEN STATEMENT OF THE REPUBLIC OF CUBA TO THE INTERNATIONAL
COURT OF JUSTICE CONCERNING THE REQUEST OF AN ADVISORY OPINION ON
THE FOLLOWING QUESTIONS:
(a) "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 1967?";
(b) "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 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 General Assembly of the United Nations by its resolution NRES/71/292 of 22 June 2017,
requested an advisory opinion, in confonnity with Article 96 of the Charter of the United Nations
and 65 of the Court Statute.
The Independence of the Chagos Archipelago, including Diego Garcia, and its full return as part of
the territory of Mauritius has its legal basis on the General Assembly resolutions 1514 (XV) of 14
December 1960 and 2066 (XX) of 16 December 1965, as international obligations that must be
complied in a good faith by the international community, and in accordance with the principles of
International Law.
The International Court of Justice, with the submission of its advisory opinion on the questions
contained in the United Nations General Assembly resolution NRES/71/292 of 22 June 2017, will
act in respect of the International Law and its principles, as recognized by the international
community as a whole. Its unanimous actions in favor of the compliance with the resolutions adopted
by the General Assembly of the United Nations concerning decolonization will contribute to
international peace and justice.
The Court can contribute with the General Assembly to exercise its jurisdiction on decolonization
and to fulfill the complete decolonization of Mauritius, in accordance with the General Assembly
resolution 1514 (XV) of 1960.
The Republic of Cuba aligns with the position of the Non-Aligned Movement and reaffirms that the
Chagos Archipelago, including Diego Garcia, which was illegally separated by the former colonial
power from the territory of Mauritius, in violation of International Law and the UNGA resolutions
1514 (XV) of 1960 and 2066 (XX) of 1965, are integral part of the territory of the Republic of
Mauritius.
Additionally, Cuba expresses its concern for the violation of the principles ius congens of
International Law related to the respect to the territorial integrity of the Republic of Mauritius, its
right to exercise sovereignty over the Chagos Archipelago; as well as the right to return to the
CONFIDENTIAL
Archipelago of the Mauritian citizens forcibly displaced by the United Kingdom of Great Britain and
Northern Ireland.
The respect to the principles above referred means the respect to the Charter of the United Nations
and to the resolution 2625 (XXV) of the General Assembly of the United Nations, of 24 October
1970, which contains the Declaration on Principles of the International Law concerning Friendly
Relations and Co-operation among States in accordance with the Charter of the United Nations. In
correspondence with these legal documents, the sovereign equality means that every State shall enjoy
of the inalienable rights to its full sovereignty, the inviolability of the territorial integrity of the
States, as well as the full compliance in good faith with the international obligations under the
principles and norms oflnternational Law generally recognized.
The Government of the Republic of Cuba expects that the International Court of Justice, by
submitting the advisory opinion requested by the resolution A/RES/71/292 of 22 June 2017 of the
General Assembly of the United Nations, acknowledges that the process of decolonization of
Mauritius was not lawfully completed when its independence was granted in 1968 after the
separation of the Chagos Archipelago from Mauritius; that the principles of territorial integrity and
sovereign equality of the States have been violated; and that the obligations contained in the 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 1967 have not been complied with.
Likewise, the Government of the Republic of Cuba expects that the International Court of Justice
presents the legal consequences derived from the non-compliance with the above-mentioned
resolutions; as well as the inability for Mauritius to resettle its nationals in the Chagos Archipelago,
particularly those of Chagossian origin, in the exercise of its sovereign rights./"'.v'(
2
Written Statement of Cuba