1 No. 25 of 2016 SIXTH NATIONAL ASSEMBLY PARLIAMENTARY DEBATES (HANSARD) FIRST SESSION THURSDAY 11 AUGUST 2016 2 CONTENTS QUESTION (Oral) MOTION BILL (Public) ADJOURNMENT 3 THE CABINET (Formed by the Rt. Hon. Sir Anerood Jugnauth, GCSK, KCMG, QC) Hon. Sir Anerood Jugnauth, GCSK, Prime Minister, Minister of Defence, Home Affairs, KCMG, QC Minister for Rodrigues and National Development Unit Hon. Charles Gaëtan Xavier-Luc Duval, Deputy Prime Minister, Minister of Tourism and External GCSK Communications Hon. Showkutally Soodhun, GCSK Vice-Prime Minister, Minister of Housing and Lands Hon. Ivan Leslie Collendavelloo, GCSK, Vice-Prime Minister, Minister of Energy and Public SC Utilities Hon. Pravind Kumar Jugnauth Minister of Finance and Economic Development Hon. Seetanah Lutchmeenaraidoo, GCSK Minister of Foreign Affairs, Regional Integration and International Trade Hon. Yogida Sawmynaden Minister of Youth and Sports Hon. Nandcoomar Bodha, GCSK Minister of Public Infrastructure and Land Transport Hon. Mrs Leela Devi Dookun-Luchoomun Minister of Education and Human Resources, Tertiary Education and Scientific Research Hon. Anil Kumarsingh Gayan, SC Minister of Health and Quality of Life Dr. the Hon. Mohammad Anwar Husnoo Minister of Local Government Hon. Prithvirajsing Roopun Minister of Social Integration and Economic Empowerment Hon. Marie Joseph Noël Etienne Ghislain Minister of Technology, Communication and Innovation Sinatambou Hon. Ravi Yerrigadoo Attorney General Hon. Mahen Kumar Seeruttun Minister of Agro-Industry and Food Security Hon. Santaram Baboo Minister of Arts and Culture Hon. Ashit Kumar Gungah Minister of Industry, Commerce and Consumer Protection Hon. Mrs Marie-Aurore Marie-Joyce Minister of Gender Equality, Child Development and Perraud Family Welfare Hon. Sudarshan Bhadain, GCSK Minister of Financial Services, Good Governance and Institutional Reforms 4 Hon. Soomilduth Bholah Minister of Business, Enterprise and Cooperatives Hon. Mrs Fazila Jeewa-Daureeawoo Minister of Social Security, National Solidarity and Reform Institutions Hon. Premdut Koonjoo Minister of Ocean Economy, Marine Resources, Fisheries, Shipping and Outer Islands Hon. Marie Roland Alain Wong Yen Minister of Civil Service and Administrative Reforms, Cheong, MSK Minister of Environment, Sustainable Development and Disaster and Beach Management Hon. Soodesh Satkam Callichurn Minister of Labour, Industrial Relations, Employment and Training 5 PRINCIPAL OFFICERS AND OFFICIALS Madam Speaker Hanoomanjee, Hon. Mrs Santi Bai, GCSK Deputy Speaker Duval, Hon. Adrien Charles Deputy Chairperson of Committees Hurreeram, Hon. Mahendranuth Sharma Clerk of the National Assembly Lotun, Mrs Bibi Safeena Adviser Dowlutta, Mr Ram Ranjit Deputy Clerk Ramchurn, Ms Urmeelah Devi Clerk Assistant Gopall, Mr Navin Hansard Editor Jankee, Mrs Chitra Serjeant-at-Arms Pannoo, Mr Vinod 6 MAURITIUS Sixth National Assembly --------------- FIRST SESSION ------------ Debate No. 25 of 2016 Sitting of 11 August 2016 The Assembly met in the Assembly House, Port Louis at 11.30 a.m. The National Anthem was played (Madam Speaker in the Chair) 7 ORAL ANSWER TO QUESTION CHAGOS ARCHIPELAGO – MAURITIUS SOVEREIGNTY The Leader of the Opposition (Mr P. Bérenger) (by Private Notice) asked the Rt. hon. Prime Minister, Minister of Defence, Home Affairs, Minister for Rodrigues and National Development Unit whether, in regard to the sovereignty of Mauritius over the Chagos Archipelago, he will state – (a) if he will render public the letter dated 07 or 08 July 2016 he had received from the out-going Prime Minister of the United Kingdom, Mr David Cameron; (b) where matters stand regarding the – (i) resolution Mauritius is proposing to present to the forthcoming United Nations General Assembly, and (ii) implementation of the Ruling delivered on 18 March 2015 by the United Nations Arbitral Tribunal under the United Nations Convention of the Law of the Sea (UNCLOS), and (c) if he has received replies to the letters he wrote to the President of the United States of America, Mr Barack Obama, and to the Prime Minister of the United Kingdom, Mrs Theresa May. The Prime Minister: Madam Speaker, it remains an undisputable fact that the Chagos Archipelago, including Diego Garcia, forms and has always formed an integral part of the territory of Mauritius. Mauritius does not recognise the so-called “British Indian Ocean Territory” which the United Kingdom purported to create by illegally excising the Chagos Archipelago from the territory of Mauritius prior to its accession to independence. This excision was carried out in blatant and shameful violation of international law and United Nations 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. It is a matter of deep concern that forty-eight years after its independence, Mauritius is still being denied the right to effectively exercise its sovereignty over part of its own 8 territory. As long as the Chagos Archipelago remains under the unlawful control of the former colonial power, the process of decolonisation of Mauritius and by extension that of Africa will remain incomplete. Madam Speaker, in reply to part (a) of the question, I had informed the House on 17 May 2016 in my reply to a Private Notice Question that I had requested the United Kingdom to return the Chagos Archipelago to the effective control of Mauritius by a precise date to be agreed upon. I had asked for a reply to be given to my request by the end of June 2016, otherwise Mauritius would take appropriate action at the international level, including at the United Nations. My request was followed by a letter which I addressed to the former UK Prime Minister on 27 June 2016. At the request of the British High Commissioner, I had agreed to extend the deadline by another week. On 07 July 2016, I received a letter from the then UK Prime Minister. In that letter, the then UK Prime Minister has expressed the view that it would be appropriate for discussions on the Chagos Archipelago to take place with the next UK Government and that he would advise his successor to make necessary arrangements accordingly. He also requested that Mauritius does not refer the Chagos Archipelago issue to the International Court of Justice. I am tabling a copy of the letter from the former UK Prime Minister. Madam Speaker, in reply to part (b) (i) of the question, our Permanent Representative to the United Nations in New York wrote on 14 July 2016 to the Secretary-General of the United Nations to request, in accordance with Rule 13 of the Rules of Procedure of the United Nations General Assembly, the inclusion in the provisional agenda of the next session of the General Assembly of an item entitled “Request for an Advisory Opinion of the International Court of Justice on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965”. This now appears as item 88 under section F of the provisional agenda of the seventy first regular session of the General Assembly. I am tabling a copy of the provisional Agenda. The General Committee of the next session of the United Nations General Assembly is expected to convene on 14 September 2016 to consider the provisional agenda. The General Assembly plenary will then meet on 16 September 2016 to review the recommendations of 9 the General Committee and adopt the agenda for the next session of the General Assembly. We are fully confident that the proposal will gain the favour of the General Assembly. We have already prepared the draft Resolution relating to the request for an Advisory Opinion. Once the item relating to the request for an Advisory Opinion has been included on the agenda of the next session of the General Assembly, we will submit the draft Resolution at the appropriate time on the advice of our Permanent Representative to the United Nations in New York. Madam Speaker, as the House is aware, the African Union and the Non-Aligned Movement have consistently expressed support for Mauritius on the Chagos Archipelago issue, as evidenced by the various Declarations and Resolutions which they have adopted, including at the African Union Summit held in June 2015 and the Non-Aligned Movement Ministerial Meeting held in May 2014. At the last Ministerial Meeting of the Group of 77 and China held on the occasion of UNCTAD XIV, support was also expressed to Mauritius on the Chagos Archipelago issue. Mauritius is actively canvassing the support of other members of the United Nations for the request for an Advisory Opinion of the International Court of Justice in respect of the Chagos Archipelago. I have already written to all the Heads of State/Government of other UN Member States to seek their support. In the margins of the forthcoming TICAD VI Summit, I propose to meet leaders of the African countries and sub-regions to ask for their support. The Ministerial Delegation which will participate in the forthcoming Non-Aligned Movement Summit next month will also be lobbying for support for Mauritius. Our Permanent Representative to the United Nations in New York is also actively seeking the support of other UN Member States at various levels. Madam Speaker, in reply to part (b) (ii) of the question, as the House is aware, the Arbitral Tribunal in the case brought by Mauritius against the United Kingdom to challenge the legality of the ‘marine protected area’ which the United Kingdom purported to establish around the Chagos Archipelago delivered its Award on 18 March 2015. The Tribunal unanimously held that the purported ‘marine protected area’ violates international law. It ruled that the United Kingdom had breached its obligations under Articles 2(3), 56(2) and 194(4) of the United Nations Convention on the Law of the Sea. 10 The Arbitral Tribunal also found that the United Kingdom’s commitments towards Mauritius in relation to fishing rights and oil and mineral rights in the Chagos Archipelago and its surrounding waters are legally binding.