This article appears in the December issue of The American Philatelist and was written by Alex Chaplin. Click here to read part one of the article.
Figure 4. Republic of Mauritius first day cover showing the Chagos Archipelago Tromelin Maritime Zones.
Mauritius’ Claim to the Chagos Archipelago
Upon its independence from the UK in 1968, Mauritius expected that the Chagos Archipelago would revert to Mauritian sovereignty after the British lease of Diego Garcia to the U.S. expired in 2016. The UK government’s position is not to cede sovereignty until BIOT is no longer needed for defense purposes without specifying an end date. In November 2016, however, the United Kingdom and the U.S. extended the lease agreement until 2036. This prompted the Mauritian government to take their territorial claim to the United Nations (U.N.) where it was considered along with the resettlement of the Chagossians. On June 22, 2017, the United Nations General Assembly (UNGA) adopted resolution 71/292, in which it asked the International Court of Justice (ICJ), the primary judicial organ of the U.N., to render an advisory opinion on the following:
“(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?”
On December 11, 2017, Mauritius issued a first day cover (FDC) showing the Chagos Archipelago Tromelin Maritime Zones with Diego Garcia clearly marked (Figure 4). The FDC clearly asserts that the Chagos Archipelago, including Diego Garcia, is part of the Republic of Mauritius. The timing of the FDC implies a reference to the UNGA resolution earlier in the year. Note that the month in the postmark is two letters, indicating that Mauritius follows a bilingual English/French two-character month abbreviation system. English and French are the languages of government, business and education in Mauritius, although its constitution does not mention an official language. Mauritians speak Mauritian Creole, also called Kreol, derived from French with influences from East African and South Asian languages. Chagossians speak a distinct Chagossian Creole.
Figure 5. Republic of Mauritius first day cover showing the ICJ Advisory Opinion on Decolonisation.
Figure 6. Republic of Mauritius first day cover celebrating the 50th Anniversary of World Post Day and 145 Years of Universal Postal Union.
The ICJ rendered an advisory opinion on February 25, 2019, stating it is of the opinion that the UK is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible. The opinion also stated that all member states of the U.N. are under an obligation to cooperate with the United Nations in order to complete the decolonization of Mauritius. The ICJ referred the question of the resettlement of Chagossians to the UNGA to be addressed in the context of protection of human rights.
The UNGA adopted resolution 73/295 on May 22, 2019, which demands the UK unconditionally withdraws its colonial administration from the Chagos Archipelago within six months of the date of the resolution. The resolution also calls that the resettlement of Mauritian nationals, including those of Chagossian origin, be addressed as a matter of urgency during the decolonization process. The resolution calls on all member states to provide their support for the withdrawal of UK administration from the Chagos Archipelago and facilitating the resettlement of Mauritian nationals, including Chagossians, in the Chagos Archipelago. “Support” in this case includes refraining from recognizing or giving any effect to any measure taken by or on behalf of BIOT, which would impede the process.
Figure 7. Republic of Mauritius first day cover celebrating the 75th anniversary of the International Civil Aviation Organization courtesy of Mauritius Post.
The UK government issued a response on June 13, 2020, stating that the ICJ and UNGA are not appropriate forums for resolving a bilateral matter of disputed sovereignty between two U.N. members. Further, the United Kingdom will cede sovereignty of the Chagos Archipelago to Mauritius only when it is no longer needed for defense purposes. The UK response includes a voluntary commitment to support the aspirations of Chagossians. The UK government maintains the position that it is not under an obligation to comply with an advisory opinion made by the ICJ and the U.N. does not have jurisdiction in a territorial dispute between two sovereign nations. The U.N., including the member nations that voted in favor of the resolution, disagree, citing the obligation of member nations to comply with the advisory opinion of the ICJ and the UNGA resolution.
Mauritius issued a FDC and souvenir sheet on August 23, 2019, marking the ICJ decision (Figure 5). The 25 rupee stamp shows the ICJ at the Peace Palace in The Hague, Netherlands. The 13 rupee stamp shows the islands of the Chagos Archipelago. Note the British spelling of decolonization.
On October 9, 2019, Mauritius issued a FDC celebrating the 50th anniversary of World Post Day and 145 years of Universal Postal Union (Figure 6). It is tempting to think the timing of the issue was more than coincidence, given the U.N.’s continued support of Mauritius’s territorial claim to the Chagos Archipelago. The 2 rupee stamp depicts the modernization of Mauritius post at the counter level. The 8 rupee stamp depicts door-to-door delivery systems.
On December 7, 2019, Mauritius issued a FDC celebrating the 75th anniversary of the International Civil Aviation Organization (ICAO). The FDC bears a 25 rupee stamp (Figure 7). The FDC and stamp both depict the old Plaisance Airport, now called Sir Seewoosagur Ramgoolam International Airport, along with the logo of the ICAO. The airport lies southeast of Mauritius’ capital, Port Louis. The ICAO is a U.N. specialized agency tasked with supporting diplomacy and cooperation in air transport for the 193 signatory national governments to the Chicago Convention (1944). The Chicago Convention established the core principles permitting international transport by air. It is possible the ICAO could be the next U.N. agency to sanction BIOT, even though there is no commercial transport to and from Diego Garcia.
Figure 8. BIOT FDC for Angelfish with six stamps affixed and canceled, issued on August 6th, 2021.
Figure 9. BIOT FDC of Sea Slugs with six stamps affixed and canceled, issued on February 22, 2021.
Results of the UPU’s Mandate
The next step taken by the U.N. was the UPU announcement on August 28, 2021, declaring BIOT stamps illegal. The UPU’s 27th Universal Postal Congress in Abidjan, Côte d’Ivoire, had originally been scheduled for 2020 but was delayed one year due to COVID.
The now illegal stamps of BIOT are available for purchase directly from the BIOT web site at http://www.biotpostoffice.com/index.asp. I placed an order for BIOT FDCs that included the two most recent issues. These are Angelfish, with six stamps affixed and canceled, issued on August 6, 2021, and Sea Slugs, with six stamps affixed and canceled, issued on February 22, 2021 (Figures 8 and 9). The website has a notice apologizing for delays in recent orders due to the COVID pandemic. Due to COVID-related airport restrictions, orders are being sent by sea freight instead of air freight to Singapore for delivery to Singapore Post, and onward delivery to different countries of destination. I do not know if and how this arrangement is affected by the UPU announcement on August 28, 2021, deeming BIOT stamps illegal. Singapore is a full member of the U.N. and therefore obliged to comply with the UPU announcement and U.N. Resolution 73/295, which includes refraining from creating impediments by recognizing or giving any effect to any measure taken by or on behalf of BIOT. My philatelic purchase order was finalized on September 3, 2021, six days after the UPU announcement. I received a notification on October 12, 2021, that my order had left the Diego Garcia shipping port on October 8, 2021, with expected arrival in Singapore on October 15, 2021. I received a subsequent notification on October 27, 2021, that my order was delivered to Singapore Post Central the same day and to expect delivery in 2-3 weeks. I received my order on November 8, 2021. The envelope (Figure 10) bore two 50 pence stamps from the 2016 BIOT sharks issue with one stamp showing a tiger shark and another stamp showing a silvertip shark. The postmark is September 22, 2021. The return address is the BFPO address for the BIOT Post Office. I don’t know how the envelope was able to be processed through the mail systems of Singapore, the U.S. and any other countries that are UPU members subsequent to the UPU press release on August 28, 2021, making BIOT stamps illegal. It is possible there is an unpublished and unannounced grace period or further action is required to make the decision effective.
I reached out the BIOT post office with questions about the mandate to use Mauritian stamps and how that would reflect on its philatelic offerings. I did not get answers to my questions, nor is there any reference to this on the BIOT Post Office web site. However, the BIOT government website has published a response to the U.N. General Secretary’s report. The response asserts British sovereignty over the Chagos Archipelago. I also reached out to Mauritius Post Limited with similar questions but did not get a response to them. Staff at both post offices have been very helpful in handling my order and keeping me informed of progress.
It is worth noting that both FDCs were issued before the UPU announcement declaring BIOT stamps illegal. The FDCs reflect the UK government’s position of continued sovereignty over the Chagos Archipelago. It is reasonable to assume part of the intent of the UPU announcement was to stop the BIOT Post Office from continuing to produce commemorative issues as an act of defiance against U.N. Resolution 73/295 and long past the six-month deadline the resolution set for the UK to end colonial administration of the Chagos Archipelago.
The Chagos Archipelago was declared a Marine Protected Area (MPA) by the UK government in 2010 including a no take marine reserve of 544,000 square kilometers with a ban on commercial fishing. This made it the largest MPA in the world at the time. The MPA excludes Diego Garcia, which is the site of the U.S. military base. The conservation initiatives in the Chagos Archipelago are reflected in the philatelic offerings on the BIOT Post Office website, which were mainly commemoratives themed around the British Royal Family, British Forces and historical events prior to 2019. Commemoratives issued since 2019 are focused on the wildlife of the Chagos Archipelago. All of the issues since 2019 are subsequent to U.N. Resolution 73/295 on May 22, 2019, calling on the UK to withdraw its colonial administration from the Chagos Archipelago within six months. The creation of the MPA with its ban on commercial fishing creates an obstacle to the return of a local population since it removes a source of sustenance and economic sustainability. Other conservation measures, including required permits to enter restricted conservation and heritage areas on Diego Garcia, and restrictions on construction, further diminish the options for the return of a local population.
Mauritius challenged the establishment of the MPA at the Permanent Court of Arbitration (PCA) in The Hague, Netherlands in 2010. The PCA was established in 1899 to facilitate arbitration and other forms of dispute resolution between states. In reference to the claim by Mauritius that the UK had violated the United Nations Convention on the Law of the Sea, referred to as the Convention, a press release from the PCA dated March 19, 2015, states:
“The Tribunal unanimously found, however, that it did have jurisdiction to consider Mauritius’ claim that the United Kingdom’s declaration of the MPA was not compatible with the United Kingdom’s obligations under the Convention. The Tribunal went on to find unanimously that, as a result of undertakings given by the United Kingdom in 1965 and repeated thereafter, Mauritius holds legally binding rights to fish in the waters surrounding the Chagos Archipelago, to the eventual return of the Chagos Archipelago to Mauritius when no longer needed for defence purposes, and to the preservation of the benefit of any minerals or oil discovered in or near the Chagos Archipelago pending its eventual return. The Tribunal held that in declaring the MPA, the United Kingdom failed to give due regard to these rights and declared that the United Kingdom had breached its obligations under the Convention.”
Figure 10. The packaging of my order from BIOT shows no sign that the UPU mandate on BIOT stamps is active.
Looking Forward
There are about 2,430 people on Diego Garcia, composed of about 30 Royal Navy and Royal Marines, 400 U.S. military and government personnel and 2,000 civilian workers mainly from the Philippines and Mauritius. I will make some educated guesses about who is most impacted by the UPU announcement. Those least impacted are British and U.S. military and government personnel who can continue to access the BFPO and FPO as normal. U.S. military personnel are paid in U.S. dollars regardless of their location in the world. This could act as a disincentive for U.S. military personnel to use the BIOT Post Office since it would involve converting dollars to pounds sterling to make a purchase. Also included in the group of least impacted are civilian workers whose combination of job assignment and security clearance give them access to the BFPO and/or FPO. Those most impacted are civilian workers whose only access to a postal service is the BIOT civilian post office.
The UPU announcement mandates the BIOT civilian post office ceases using stamps issued by BIOT and start using stamps issued by Mauritius. The UK government is not complying. Civilian mail goes by freight from Diego Garcia to Singapore for onward processing through Singapore Post. In effect Singapore Post acts as the postal carrier for civilian mail from Diego Garcia. It may be that this arrangement is suspended due to Singapore’s obligation to comply with the UPU announcement, meaning the BIOT post office must find another means to send civilian mail. Presumably some arrangement could be made as needed to stream civilian mail through the BFPO or FPO on Diego Garcia. It is worth noting the UPU decision is calibrated to be directed against BIOT, not the UK. It appears BIOT stamps are only available as commemoratives, suggesting philatelic sales make up the bulk of purchases.
The standoff between the UK and the U.N. continues. Future steps may include actions by other U.N. agencies such as the ICAO and the International Monetary Fund (IMF) to increase the pressure on the UK to cede control of the Chagos Archipelago to Mauritius. Mauritius has stated that it is willing to continue leasing Diego Garcia as a military base to the U.S. when it assumes control of the Chagos Archipelago. This implies Mauritius could significantly increase its strategic importance in the region and opens the possibility of another nation assuming the lease in the future. In an excerpt from an email response sent to the Washington Post for an August 2021 article a State Department spokesman says “The United States unequivocally supports UK sovereignty. The specific arrangement involving the facilities on Diego Garcia is grounded in the uniquely close and active defense and security partnership between the United States and the UK. It cannot be replicated.”
I suggest that anyone interested in following this story from a philatelic perspective continue to monitor the philatelic offerings available from the Mauritius Post web site at https://mauritiuspost.mu/ and the BIOT post office web site at http://www.biotpostoffice.com/index.asp
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