Special commission appointed to probe Maldives' actions in Chagos maritime case

President Dr. Muizzu (Photo/President's Office)
President Dr. Muizzu (Photo/President's Office)

President Dr Mohamed Muizzu has established a special commission of inquiry to investigate the Maldives' handling of its maritime boundary dispute with Mauritius at the International Tribunal for the Law of the Sea (ITLOS), citing significant losses to the country's maritime territory and resources.

President Dr Mohamed Muizzu has established a special commission of inquiry to investigate the Maldives' handling of its maritime boundary dispute with Mauritius at the International Tribunal for the Law of the Sea (ITLOS), citing significant losses to the country's maritime territory and resources.

The commission was established under Presidential Decree No. 2026/17, issued pursuant to Article 115(o) of the Constitution.

According to the President's Office, the commission was formed following what it described as significant and irrecoverable losses suffered by the Maldives in ITLOS Case No. 28, which concerned the delimitation of the maritime boundary between the Maldives and Mauritius in the Chagos region.

The President's Office said reports by international experts appointed to examine the case and recommend a way forward had concluded that actions taken by the Maldives resulted in the loss of a vast area of Maldivian territory.

The reports also identified consequences for the country's fisheries, marine wealth and seabed resources, according to the statement.

The commission has been tasked with investigating the actions of State employees, advisers, government officials and relevant authorities involved in the case, including the Maldives' response during the proceedings and all related matters.

It will also examine whether any legal negligence occurred during the handling of the case, determine the extent of any such negligence and investigate how documents relating to the proceedings were maintained and preserved.

The commission has additionally been authorised to recommend appropriate action against those found accountable and propose measures to prevent similar issues from occurring in the future.

The members appointed to the commission are Uz Ahmed Shakir (ODRDD), who will serve as its president, Abdul Azeez Yoosuf, Dr Aminath Shafiya Adam, Dr Abdul Muhsin Mohamed, retired Deputy Commissioner of Police Mohamed Sadiq, Ahmed Ali Maniku and Uza. Fathimath Minhath Izzath.

The commission will remain operational until the President declares its mandate completed.

Mauritius initiated arbitration against the Maldives on 18 June 2019 to determine their maritime boundary in the Indian Ocean, in the area between the Maldives and the Chagos Archipelago.

On 24 September 2019, the two countries agreed to transfer the dispute to a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS).

The Maldives raised five preliminary objections, including that maritime delimitation would require the chamber to address a sovereignty dispute over Chagos outside its jurisdiction, and that the United Kingdom was an indispensable third party.

On 28 January 2021, the Special Chamber rejected the Maldives’ preliminary objections and found that it had jurisdiction to hear the maritime-delimitation dispute.

In addressing the objections relating to Chagos, it considered the legal consequences of the International Court of Justice’s 2019 advisory opinion and the subsequent UN General Assembly resolution.

On 28 April 2023, the Special Chamber delivered its judgment establishing a boundary between the two countries’ exclusive economic zones and continental shelves within 200 nautical miles.

It did not delimit the continental shelf beyond that distance because it was unable to determine Mauritius’ entitlement in the relevant area. The judgment is final and binding on both parties.

In its advisory opinion of 25 February 2019, the ICJ concluded that Mauritius’ decolonisation had not been lawfully completed and that the United Kingdom was obliged to end its administration of the Chagos Archipelago as rapidly as possible.

President Dr. Mohamed Muizzu’s administration has challenged the previous government’s handling of the maritime case and reversed its recognition of Mauritian sovereignty over Chagos.

In his Presidential Address on 5 February 2026, President Muizzu announced a commission of inquiry into decisions taken by the previous administration, alongside efforts to challenge the maritime outcome.

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