The Minister for Europe and the Americas (Christopher Pincher)
My noble Friend, the Minister of State for Foreign and Commonwealth Affairs (Lord Ahmad of Wimbledon), has made the following written statement:
The United Kingdom is aware of the proceedings brought by Mauritius against the Maldives under the UN convention on the law of the sea (UNCLOS). The UK is not a party to these proceedings, which can have no effect for the UK or for maritime delimitation between the UK (in respect of the British Indian Ocean Territory) and the Republic of the Maldives.
The UK has no doubt as to our sovereignty over the British Indian Ocean Territory (BIOT), which has been under continuous British sovereignty since 1814. Mauritius has never held sovereignty over the BIOT and the UK does not recognise its claim.
As we have made clear previously, we were disappointed that the sovereignty dispute over the BIOT was referred to the International Court of Justice (ICJ). By agreeing to answer the questions put to it by the General Assembly on behalf of Mauritius, the Court has enabled Mauritius to circumvent the basic principle that the Court should not consider a bilateral dispute without the consent of both states concerned. This sets a precedent which will potentially have wide implications for other states with bilateral disputes.
Despite these clear reservations, the UK participated fully in the advisory proceedings in good faith. We have also made known our views on the content of the opinion, including its insufficient regard to some material facts and significant legal issues. These included the 2015 binding UNCLOS arbitral tribunal award, which held the 1965 agreement between Mauritius and the United Kingdom, in which Mauritius agreed to detachment of the BIOT in return for benefits including the United Kingdom commitment to cede the territory when no longer needed for defence purposes, was legally binding. The opinion also gave insufficient regard to the reaffirmation by Mauritius, after independence, of the 1965 agreement.
In any event, what is undisputed is that the opinion is advisory and not legally binding. Moreover, the Court itself recognised that its opinion is without prejudice to the sovereignty dispute over the BIOT between the UK and Mauritius.
As the dispute over the BIOT is a sovereignty dispute, the General Assembly is not the appropriate forum to resolve such disputes. General Assembly resolution 73/295, adopted following the ICJ’s advisory opinion, cannot and does not create any legal obligations for the member states. Nor can or does General Assembly resolution 73/295 create legal obligations for other international actors such as a special chamber of the international tribunal for the law of the sea. Neither the non-binding advisory opinion nor the non-binding General Assembly resolution alter the legal situation, that of a sovereignty dispute over the BIOT between the UK and Mauritius.
A fundamental principle of international law and the international legal order is the principle of consent. It follows that the special chamber is not in a position to pronounce itself on the sovereignty dispute between the UK and Mauritius without the consent of the UK to resolve the sovereignty dispute before the special chamber.
The UK remains committed to implementing the 2015 UNCLOS arbitral tribunal award and seeking direct, bilateral dialogue with Mauritius.
The Foreign and Commonwealth Office (FCO) uses its global platform to promote a truly global Britain and support the UK’s values and interests—from helping victims of forced marriage to championing media freedom to securing market access for British companies.
Its 270 diplomatic posts are invaluable assets in 169 countries and territories. Its leadership within nine multilateral organisations shapes global agendas and sets global standards. It supports 31 Government partners, including Department for International Development, Department for International Trade and the British Council.
It is also a diplomatic network with ambitions to expand influence. By the end of 2020, the UK’s diplomatic network will have opened 12 new diplomatic missions across the globe since 2018, recruited 1,000 more staff members and boast more sovereign missions than any other European country.
The Department has also provided extensive support to the Government’s efforts to prepare for Brexit. This has included contingency planning for a “no-deal” situation, engagement to influence the EU on negotiation priorities and an extension to article 50, providing support to UK nationals living in and travelling to the EU, and planning for the UK’s future partnership with the EU.
Since the strategic defence and security review in 2015, this Department has made significant achievements in the following priority areas.
Protecting our people
Safeguarding our national security by countering terrorism, extremism, weapons proliferation, and other state and non-state threats in co-operation with allies and partners. Assisting British people living, travelling and working around the world in times of need.
Foreign Affairs Council
The Minister for Europe and the Americas (Christopher Pincher)
The Foreign Affairs Council (FAC) will take place in Brussels on 11 November. It will be chaired by the High Representative of the European Union (EU) for Foreign Affairs and Security Policy (HRVP), Federica Mogherini.
The FAC will discuss current affairs, Afghanistan and Iran. There will also be a ministerial lunch with Sudanese Prime Minister Hamdok.
Current affairs
HRVP Mogherini will raise Venezuela. She will reflect on two international meetings held in Brussels in October. First, the international contact group meeting held on 28 October. Secondly, the international solidarity conference on the Venezuelan refugee and migrant crisis which took place on 28-29 October.
HRVP Mogherini will brief Ministers on the follow-up to the October FAC and European Council conclusions on Turkey’s actions in north-east Syria and Turkish hydrocarbons exploration activity. We expect the Council to adopt a framework for a sanctions regime on the latter.
HRVP Mogherini will also provide an update on the conflict in Libya and preparations for the leader-level conference which Chancellor Merkel will host in Berlin later this year.
Afghanistan
Due to time constraints, the discussion on Afghanistan at the October FAC was postponed to November. Ahead of the publication of the recent presidential election results, Ministers will focus on the political situation in Afghanistan. They will review prospects for peace, in light of recent Afghan and US-led peace efforts. The UK will underline the importance of completing the electoral process in an impartial, efficient and transparent manner, and highlight the importance of momentum in the peace process.
Iran
Ministers will discuss the EU’s approach to Iran and Gulf regional security. Ministers will focus in particular on the importance of preserving the joint comprehensive plan of action (JCPoA) and the need for a diplomatic solution to de-escalate tensions in the region. Along with our French and German partners, the UK will highlight the importance of Iran returning to full compliance with its commitments under the JCPoA. All parties need to engage in comprehensive negotiations without prejudice to the JCPoA itself—to address Iran’s nuclear activities after 2025 as well as regional security.
In 2018-19, the Department provided invaluable assistance to over 22,000 British people around the world, and ongoing support to 7,700 existing cases. We responded to 14 major incidents overseas, from terrorist attacks and natural disasters to high profile political and security issues.
This year, the Department partnered with the Civil Aviation Authority and the Department of
Transport to carry out HMG’s biggest peacetime repatriation operation of more than 150,000 people following the insolvency of Thomas Cook. In 2017, 85,000 passengers were returned to the UK after the collapse of Monarch.
The Department played a vital role in the response to Hurricanes Irma and Maria in 2017. The response involved 138 substantive updates made to travel advice for affected countries during the crisis, liaising with 14 foreign missions to answer queries on their nationals affected by the hurricanes, answering over 3,800 calls to the crisis hotline and deploying 82 FCO staff to provide support to 11 different countries in the region.
Projecting our global influence
Projecting and promoting the values and influence of a global Britain, strengthening our partnerships and the rules based international system. Supporting good governance, democracy, rule of law and human rights; preventing and resolving conflict; and building stability overseas.
In 2018, the Department helped to ensure a robust international response to the use of chemical weapons, following the attempted murder of a Russian dissident and his daughter in Salisbury using a chemical nerve agent. As a result, 28 countries and NATO expelled 130 Russian undeclared intelligence officers.
The UK is proud to have helped train almost 3,000 volunteers for the white helmets (a volunteer humanitarian organisation operating in Syria and Turkey) who have saved over 115,000 lives through their emergency rescue services in Syria. Through post in Geneva and in New York, the Department has worked to pressure the regime and its backers to end the fighting in north west Syria, and has supported efforts towards greater accountability for those who have attacked unarmed civilians, schools and hospitals. The Department has continued its strong deterrence messaging against the use of chemical weapons in Syria, including through support for the organisation for the prohibition of chemical weapons and the targeted and proportionate military response to the chemical weapons attack in Douma in April 2018.
UK climate change diplomacy led by the Department helped achieve an historic international agreement to tackle climate change in Paris in December 2015. For the first time ever, 195 countries agreed to act together to combat global warming and reduce carbon emissions. In 2020, alongside Italy, the UK will host the United Nations framework convention on climate change conference of the parties, a clear signal of the UK’s global leadership on climate change and commitment to reducing greenhouse emissions to zero by 2050.
The UK has been a global leader in the international fight against the ivory trade, legislating to introduce the toughest ivory ban in Europe and help bring an end to the poaching of elephants. In 2018, the FCO-organised illegal wildlife trade conference was attended by 1,300 participants, and resulted in significant, ongoing pledges by several countries.
Promoting our prosperity
Promoting our prosperity by opening markets, driving economic reform, championing British business, and supporting free trade and sustainable global growth.
In calendar year 2018, the Department continued to play a unique role within the Government’s cross-departmental conflict, stability and security fund (CSSF) and make a critical contribution to the CSSF’s work to tackle instability and prevent conflicts that threaten UK interests. The Department both delivered the majority of CSSF programmes and co-ordinated wider cross-Government efforts at the country and regional level, drawing on its deep foreign policy expertise. For example, in Ukraine FCO-led CSSF programmes have strengthened peacebuilding and resilience of conflict-affected communities, assisting more than 111,000 internally displaced peoples and supporting increased capacity in key Government ministries.
The Department has led on negotiations on Gibraltar, delivering an extensive set of agreements, as well as EU exit preparations on the other overseas territories. The Department has also supported the negotiation of arrangements for the sovereign base areas on Cyprus, and prepared for the implications of EU exit on UK sanctions policy.
In 2018-19, FCO-delivered prosperity fund programmes, worth a combined £850 million from now until 2023, began to deliver expertise and assistance in sectors and countries where there is high potential to support the inclusive economic growth needed to reduce poverty. Programmes initiated included a £45 million global anti-corruption programme, and £34 million ASEAN economic reform and low carbon programmes. The prosperity fund programme promotes economic reforms and remove barriers to trade, reform key sectors such as infrastructure, energy, financial services, future cities, education and healthcare, and tackle corruption.
In 2018, BAE Systems (BAES) won the tender to design and build nine future frigates for the Royal Australian Navy. It followed the Department playing an important role supporting the cross-Whitehall effort, and leading the campaign’s co-ordination in Australia. This outcome is a significant export boost for the UK as we prepare to leave the EU. It will secure around £2 billion of direct exports through British designed and manufactured components like engines (Rolls Royce) and Sonars (Thales UK and Ultra). It also opens doors to UK SMEs and secures approximately £10 billion worth of exports through the life of the programme. The whole of life sustainment win for BAES as a national shipbuilding enterprise partner is likely to generate another £40 billion.
In 2018, the Department hosted the largest ever Commonwealth Heads of Government meeting, with 46 Heads of Government and 49 Foreign Ministers. As chair-in-office, the Department has since been working to strengthen the Commonwealth with delivery of ambitious commitments on prosperity, security, fairness and sustainability with a focus on supporting small island states. Moreover, the Department has achieved Foreign Ministers’ agreement to reforms that will improve the governance of the Commonwealth secretariat.
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Ministerial lunch with Sudanese Prime Minister Hamdok
Ministers will discuss recent progress in Sudan with Prime Minister Hamdok. The UK will continue to urge the EU to be ambitious in the level of support they provide to Sudan throughout the political transition. This should be proportionate to needs and include assistance focused on economic and social stability, the peace process, human rights, and democracy and governance.
Council conclusions
The Council is expected to adopt a number of measures, including: a framework sanctions regime in response to Turkish hydrocarbon explorations around Cyprus; the annual review of the Venezuela sanctions regime; and authorisation to open negotiations with Somalia on the status of the EU’s training mission for the Somali security forces.