The UN General Assembly (GA) resolution relates to an Advisory Opinion issued by the International Court of Justice (ICJ) concerning the British Indian Ocean Territory (BIOT). Neither the ICJ Advisory Opinion nor the UN GA resolution are legally binding. Mauritius has never held sovereignty over BIOT and we do not recognise its claim. We have, however, made a long-standing commitment to cede sovereignty of the territory to Mauritius when it is no longer required for defence purposes. The British Government remains concerned that the referral to the ICJ contravened the principle that the Court should not consider bilateral disputes without the consent of both States concerned. It is notable in this context that in the UN GA, nearly 80 member states did not vote in favour of the resolution. The Government has considered the content of the Opinion carefully, however we do not share the Court’s approach. Any action in the UN GA that seeks to cut across a bilateral dispute by specifying how or when a non-binding Advisory Opinion might be implemented should be of concern to all Member States.

The UN General Assembly (GA) resolution relates to an Advisory Opinion issued by the International Court of Justice (ICJ) concerning the British Indian Ocean Territory (BIOT). Neither the ICJ Advisory Opinion nor the UN GA resolution are legally binding. Mauritius has never held sovereignty over BIOT and we do not recognise its claim. We have, however, made a long-standing commitment to cede sovereignty of the territory to Mauritius when it is no longer required for defence purposes. The British Government remains concerned that the referral to the ICJ contravened the principle that the Court should not consider bilateral disputes without the consent of both States concerned. It is notable in this context that in the UN GA, nearly 80 member states did not vote in favour of the resolution. The Government has considered the content of the Opinion carefully, however we do not share the Court’s approach. Any action in the UN GA that seeks to cut across a bilateral dispute by specifying how or when a non-binding Advisory Opinion might be implemented should be of concern to all Member States.

We have no doubt about our sovereignty over the British Indian Ocean Territory, which has been under continuous British sovereignty since 1814. The United Kingdom remains committed to implementing the UN Convention on the Law of the Sea Arbitral Award of 2015. In line with the Award we will continue to approach discussions with Mauritius with an open mind about the best way to meet our obligations under the Award and to ensure proper conservation management of this unique marine environment.

We remain disappointed that this matter was referred to the International Court of Justice and the UN General Assembly. We have no doubt about our sovereignty over the British Indian Ocean Territory, which has been under continuous British sovereignty since 1814. Mauritius has never held sovereignty over the Archipelago and we do not recognise its claim. We have, however, made a longstanding commitment to cede sovereignty of the territory to Mauritius when it is no longer required for defence purposes. We stand by that commitment.​

We were disappointed that this matter was referred to the International Court of Justice (ICJ), contrary to the principle that the Court should not consider bilateral disputes without the consent of both States concerned. Nevertheless, the United Kingdom respects the ICJ and participated fully in the ICJ process at every stage and in good faith. An Advisory Opinion is advice provided to the UN General Assembly at its request; it is not a legally binding judgment. The British Government has considered the content of the Opinion carefully, however we do not share the Court’s approach.​

Of the £40 million support package for Chagossians, approximately £21.3 million is Official Development Assistance (ODA) for DFID to progress in Mauritius (an ODA-eligible country). The remainder (£18.7 million) is non-ODA for the FCO to progress in the United Kingdom and Seychelles. As of now, the FCO has allocated £3.3 million for an extended and ongoing programme of 'heritage visits' to BIOT and a number of projects in development. Officials are continuing work to develop further projects and activities in line with the areas of support announced by Ministers in 2016: Health, Social Care, Education, Employment, and Culture (awareness and retention).

The British Government announced in November 2016 that it would implement a support package worth approximately £40 million over ten years to provide Chagossians in the communities in which they currently live (predominantly the United Kingdom, Mauritius and Seychelles) with tangible life chances. The package focuses on improved access to health and social care, better education and employment opportunities, cultural conservation and an expanded programme of visits to BIOT for Chagossians. English language courses for Chagossians in Mauritius are proving successful in terms of early interest, registration and attendance. In the United Kingdom we are offering English language courses to Chagossians, as well as officially recognised statements that benchmark internationally attained qualifications against the UK skills framework. Further projects will be developed in Mauritius, United Kingdom and Seychelles in the areas for which the support package is intended.