Petition to the heads of State and government of: The federative republic of Brazil, The Russian Federation, The Republic of India, the People’s Republic of China, the Republic of South Africa
I, THE UNDERSIGNED TAKE NOTE OF:
The Sanya Declaration of 14 April 2011 where the Heads of State and Government of the BRICS’ countries declared that:
at paragraph 3 that BRICS “…aims at contributing significantly to the development of humanity and establishing a more equitable and fair world…”;
at paragraph 6 that BRICS is “…open to increasing engagement and cooperation with non-BRICS countries, in particular emerging and developing countries, and relevant international and regional organizations…”;
at paragraph 7 the BRICS members shared the view that “…the world is undergoing far-reaching, complex and profound changes, marked by the strengthening of multipolarity, economic globalization and increasing interdependence. While facing the evolving global environment and a multitude of global threats and challenges, the international community should join hands to strengthen cooperation for common development. Based on universally recognized norms of international law and in a spirit of mutual respect and collective decision making, global economic governance should be strengthened, democracy in international relations should be promoted, and the voice of emerging and developing countries in international affairs should be enhanced…”
at paragraph 9 that BRICS maintains that “…the independence, sovereignty, unity and territorial integrity of each nation should be respected”.
The Fortaleza Declaration of 15 July 2014 where the BRICS Heads of State and Government declared:
at paragraph 3 that they: “…believe that strengthened dialogue … can play an active role in enhancing multilateralism and international cooperation, for the promotion of peace, security, economic and social progress and sustainable development in an interdependent and increasingly complex, globalizing world…”;
at paragraph 4 that :“…since its inception the BRICS have been guided by the overarching objectives of peace, security, development and cooperation. In this new cycle, while remaining committed to those objectives, we pledge to deepen our partnership with a renewed vision, based on openness, inclusiveness and mutually beneficial cooperation. In this sense, we are ready to explore new areas towards a comprehensive cooperation …”;
at paragraph 5 that: “…international governance structures designed within a different power configuration show increasingly evident signs of losing legitimacy and effectiveness, …We believe the BRICS are an important force for incremental change and reform of current institutions towards more representative and equitable governance, capable of generating more inclusive global growth and fostering a stable, peaceful and prosperous world”;
at paragraph 27 that the BRICS countries: “…will continue our joint efforts in coordinating positions and acting on shared interests on global peace and security issues for the common well-being of humanity. We stress our commitment to the sustainable and peaceful settlement of disputes, according to the principles and purposes of the UN Charter…Bearing this in mind, we emphasize the unique importance of the indivisible nature of security, and that no State should strengthen its security at the expense of the security of others”;
at paragraph 28 that the BRICS countries: “…agree to continue to treat all human rights, including the right to development, in a fair and equal manner, on the same footing and with the same emphasis. We will foster dialogue and cooperation on the basis of equality and mutual respect in the field of human rights, both within BRICS and in multilateral fora – including the United Nations Human Rights Council where all BRICS serve as members in 2014 – taking into account the necessity to promote, protect and fulfill human rights in a non-selective, non-politicized and constructive manner, and without double standards.”
I FURTHER NOTE THAT:
Article 73 of the Charter of the United Nations provides that “members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end: to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses…”.
United Nations General Assembly Resolutions 1514 of 14 December 1960 provides that “the subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation… all peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development… immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom… any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations…”.
United Nations General Assembly Resolutions 2066 of 16 December 1965 specifically applied Resolution 1514 to Mauritius and its colonial dependencies and provides that “regretting that the administering Power (i.e. the United Kingdom) has not fully implemented resolution 1514” with regards to Mauritius and “noting with deep concern that any step taken by the [United Kingdom] to detach certain islands from the Territory of Mauritius for the purpose of establishing a military base would be in contravention of the Declaration (1514) and in particular paragraph 6 thereof…” and invited the government of the United Kingdom to “take effective measures with a view to the immediate and full implementation of resolution 1514 …and to take no action which would dismember the Territory of Mauritius and violates its territorial integrity”.
Section 111 of the Constitution of Mauritius provides that “'Mauritius' includes – the Islands of Mauritius, Rodrigues, Agalega, Tromelin, Cargados Carajos and the Chagos Archipelago, including Diego Garcia and any other island comprised in the State of Mauritius… the territorial sea and the air space above the territorial sea and … the continental shelf”.
The United Kingdom in blatant breach of the foregoing has unlawfully severed the Chagos Islands found in the Indian Ocean from the Republic of Mauritius, deliberately misled the United Nations, forcefully uprooted the Chagos islands’ inhabitants and unlawfully “leased” these islands to the United States of America so that the latter could build a military base on the main island, namely Diego Garcia.
The United States of America, whilst being aware of the unlawful act of the United Kingdom in detaching the Chagos islands from the territory of Mauritius, nevertheless agreed to “lease” the said islands and are still unlawfully occupying same.
The “lease agreement” between the United Kingdom and the United States of America on the Chagos Islands is due to expire in December 2016 and according to the 1966 Exchange of Notes the negotiations for the renewal of the said “lease agreement” will start in December 2014.
The said renewal will be for a further renewable periods of 20 years and appears to be a quasi certainty.
The Republic of Mauritius has a second sovereignty dispute this time with France over the Tromelin islands also found in the Indian Ocean and the French parliamentarians have vetoed the signature of a co-management agreement with the Republic of Mauritius in respect to that island on the basis that this co-management agreement would amount to "un grave précédent d'abandon de souveraineté" (a serious precedent of relinquishment of sovereignty on the part of France).
I CONSIDER THAT:
By acting contrary to international law and/or unduly deriving benefit from such breaches, the United Kingdom, the United States of America and France are depriving the people of the Republic of Mauritius of vital and substantial resources and economic opportunities.
As a consequence thereof, so long as the present state of affairs prevails, the United Kingdom, the United States of America and France have duties and obligations under international law towards the people of the Republic of Mauritius.
Under the principle of reciprocity, such duties and obligations can be met by the United Kingdom, the United States of America and France by, inter alia, allowing freedom of access to their respective territories and resources to the people of the Republic of Mauritius so that the latter can pursue their legitimate economic, social and cultural development “within the system of international peace and security” established by the United Nations Charter.
Your petitioner “taking into account the necessity to promote, protect and fullfill human rights in a non-selective, non-politicized and constructive manner, and without double standards” humbly solicit the Heads of State and Government of the BRICS countries to support and assist the people of the Republic of Mauritius to ensure that our “inalienable right to complete freedom, the exercise of [our] sovereignty and the integrity of [our] national territory” is recognised and respected and that the “continued existence of colonialism” which “impedes the social, cultural and economic development” of the people of the Republic of Mauritius be suppressed as soon as practicable.
Your petitioner prays that the Heads of State and Government of the BRICS countries support the request of the people of the Republic of Mauritius to have free access to the territories and resources of the United Kingdom, the United States of America and France in a spirit of reciprocity, mutual accommodation and mutual benefit.
On behalf of the people of the Republic of Mauritius
28 October 2014
PS : Your petitioner would welcome the opportunity of discussing the contents and purport of the present petition with the respective diplomatic representations of the BRICS countries present in Mauritius.
The British High Commission;
The Embassy of the United States of America;
The French Embassy