Written Comments of the African Union on the Written Reply of Mauritius to the question put by Judge Gaja at the end of the hearing held on 3 September 2018

WRITTEN REPL Y OF THE AFRICAN UNION TO JUDGE GAJA1S QUESTlON
"ln the process .of dee:olonization relatihg to the Chagos Archipelago, what is
the relevance of the wlll pf the population ofChagossfan origin?11
1. The Afrfcan Union fully agrees with the reply of the Republic Mauritius concerning
the relevance of the Will of the people of Mauritius, including the Will of the
populatîon of Chagossîan origin, in the process of decolonization of Maurice in
1965/1968.
. 2. As the African U11fon has emphasized in its Written Statement, its Written
Observations as wefl as its Oral statement of 6 September 2018, under customary
international tl1.e wHI of the colonized people must be respected in the process of
decofonization.
3. The wiU of the peopl~ Js a sine qua non of the rîght to self-determination.
4. As suoh1 the detachmehtof the Chagos Archipelago from Mauritius in 1965 was
unlawful sihce the p~ople ofMatJritius in its whole, inctuding those of Chagossîan
origin, did not express their will and did not consentto the said detachment
5. ln the view ofthe African Union, the so-called consent offew Maurltian polîtical
representatives does not meet the threshold requîréd under customary
international law.
6. Sînce the population of Qhijgossian ongin, including the Mauritians of nonChagossian
otigîn, did notexpress theirwm and their consentto the detachment
of Ohagos from Mauritîus1 there is no doubtthat the process of decolonization was
incomplete.
7. Under customary international law, as applicable as of 1965, itis for the people of
Mauritius; including the population of Chagossian origin, to decide of the future of
the Chagos Archiperago. lt is notfor the Unîted Kingdom to decide, uhder Its own
internai law, when to return the Archipelago. The position of the United KiOgdom
contradîcts the ptinciple according to which international law prevails over
domestic law. International law requires to give primacy to the will of the people of
Mauritius, including fhose of Chagossian orîgin.