By Usman Khalil

On October 17, 2022, the International Tribunal for the Law of the Sea (ITLOS) began enquiry dispute over the overlapping Exclusive Economic Zones (EEZ) amid Mauritius and the Maldives. Throughout the proceedings, the Maldives shown its new position of accepting the Mauritius’ sovereignty over the Chagos islands. This policy change has generated a nationwide controversy, with Maldivian political leaders heavily condemning President for bargaining the country’s sovereignty and selling off its EEZ. 

A momentary valuation of the Maldives’ stance on the this disputed island  matter shows that the country has conflicting opinions with no comprehensible strategy at the sight as joint national policy to solve archipelago’s sovereignty dispute. Yet, it has attempted to maximize its access to the EEZ through short-term designs and unreliable policies. While the incumbent Maldives’ government latest stance is change from its previous policies and domestic criticism and politicization are motivated by the Maldivian political leaders trying to make gains for the upcoming 2023 presidential elections. 

As the colonial powers pulled out from the Indian Ocean in the 1960s, the United Kingdom disconnected the controversial archipelago from Mauritius in 1965 to make the British Indian Ocean Territory (BIOT).  This move permitted the United Kingdom to reserve its strategic leverage in the Indian Ocean.

The sovereignty of the archipelago continues to be in dispute. While the United Kingdom governs Chagos, Mauritius claims that the islands are part of its territory and that the UK’s governance of a previous colonial territory infringes international law. Chagos reflects Mauritius’ anti-colonial stance and provides an extended resourceful EEZ, which is vital for its exports and foreign reserves. Equally, this island represents a strategic asset for the UK, as it has leased a critical military base at Diego Garcia to the United States.

The Maldives, however, has overlapping EEZs with the disputed islands when measured from its southernmost island, Addu atoll. The region is an amusing fishing ground and is essential to the Maldives’ economy and exports. Fish exports contribute to 92 percent of the country’s domestic exports, and fisheries employ more than 20 percent of the country’s labor force. Given these benefits, the Maldives has been keen to maximize its access to the EEZ through several short-term calculations. 

In 1992, the Maldives and the UK discussed a draft agreement and settled to divide their EEZs. Though the agreement was not signed and never came into force, both countries continued to mark their EEZs as per the discussions. In 2009, the Maldives tried to engage with Mauritius and also divide the EEZs equidistantly, albeit with less success.

The next year, the UK decided to make the BIOT into a nautical protected area, purportedly to confuse Mauritius’ further claims and determinations to relocate in Chagos. Together Mauritius and the Maldives opposed this unilateral move, releasing a joint communique that agreed to take a collective stance against the UK and to resolve their differences regarding the EEZ.

In 2019, the International Court of Justice (ICJ) recognized Mauritius’ sovereignty over the Chagos and released an advisory opinion requesting the UK to end its illegal administration. In May of that year, the United Nations General Assembly also passed a non-binding resolution asking the UK to withdraw from the Chagos Archipelago, with 116 votes in favor and six votes in opposition. The Maldives also voted against this resolution, anticipating that it would risk losing its maritime territories if it was passed.

Mauritius approached the International Tribune for the Law of the Sea (ITLOS) in October 2019, claiming an additional 200 nautical miles from Chagos islands and snowballing its EEZ overlap with the Maldives to 96,000 square kilometers (37066 square miles). The Maldives complained to the case by declaring that there could be no dispute with Mauritius when the sovereignty of Chagos itself was in question. However, the ITLOS used the ICJ’s verdict as a base for Mauritius’ legal claim over the archipelago, effectively transforming the ICJ’s opinion into a lawful conclusion. 

Three years later, as the proceeding started, the Maldives shown its support for Mauritius’ claim over Chagos. This policy isn’t fundamentally different from the Maldives’ previous stance; it continues to be influenced by the issue of the sovereignty of Chagos and its desires to access the EEZ.  First, the Maldives’ decision is an outcome of its realization that the sovereignty dispute over the Chagos has almost finished. The ICJ’s advisory opinion, the votes at the UNGA, and the ITLOS legal explanation show that the UK has been restricted legally and diplomatically. In early November this year, the UK also agreed to negotiate the handing over of Chagos to Mauritius.

Furthermore, the Maldives’ absence of strategy forced Mauritius to take legal actions, which has augmented their EEZ overlap. Mauritius’ diplomatic efforts at the UN have also created more support for decolonization, putting the Maldives and its ‘anti-colonial’ rhetoric in a difficult spotlight. With the dispute nearing the end, the Maldives now realizes that it can only freely access its EEZ by negotiating with Mauritius, gaining its goodwill, and hoping to quickly resolve the disagreement. 

Maldives’ position of acknowledging Mauritius’ sovereignty over Chagos is not a significant parting from its previous policy. Yet, Maldivian political leaders have accused the incumbent President of bargaining the country’s EEZ and sovereignty. The critics include leaders of opposition, the government’s alliance partners, and rival factions within his party.

The Maldives heads to presidential elections in 2023 and raking up nationalist sentiments beforehand has been a common feature of Maldivian politics since its democratic transition in 2008. Political parties in the Maldives have often pointed development loans and assistance to accuse the incumbent or previous governments of compromising the country’s sovereignty.

As the election year approaches, the Chagos issue has allowed politicians a chance to sideline the current government. Politicians who reluctant to irritate or risk close relations with two of Maldives’ crucial development partners, India and China, have found the Chagos issue appropriate to gather nationalist feelings and further their electoral advances.  PPM’s leader and presidential candidate has condemned the government for selling sovereignty in return for bribes. In an attempt to portray themselves as nationalists, the government’s allies,  the Jumhooree Party and Maldives Reform Movement, have distanced themselves from the decision and have held the President solely responsible for this policy.

Moreover, as tensions within the ruling party, Maldives Democratic Party (MDP), have been exacerbated, some leaders are criticizing the incumbent President and their fellow party leader, hoping to make their cause for the upcoming presidential inter-party primaries. Notably, it is being criticized the government’s stance, reversed his position on the UK’s decision to make Chagos a fishing-free zone, and has also publicly claimed Chagos as a part of the Maldives.  

As the Maldives enters its election year, it has continued to face its prevalent foreign policy trials: unreliable policies and the politicization of its relationships with external powers. Addressing these issues has become even more necessary   for the island nation as its connections upsurge with new partners like the UK, the United States, and Australia. Fading to do so will submerge its relations globally.