Presidential commission set up to probe handling of Chagos dispute

President Dr Mohamed Muizzu has established a presidential commission to conduct an inquiry into his predecessor, former President Ibrahim Mohamed Solih’s administration’s handling of the case lodged by Mauritius to the International Tribunal for the Law of the Sea (ITLOS) to determine the maritime boundary and continental shelf between the Maldives and Chagos, citing “significant and irrecoverable losses” sustained by the Maldives.

The seven-member ‘Special Presidential Commission of Inquiry to Investigate the Actions of the Maldives in ITLOS Case Number 28’ was established via a presidential decree on Sunday.

According to the President’s Office, the team of international experts appointed to review the case found that the Maldives lost a large part of its sea territory due to how the country handled the case.

“Reports by international experts appointed to study the case titled "Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives)" and to determine a way forward stated that the loss of a vast area of Maldivian territory resulted from the actions taken by the Maldives, causing an irreparable loss to the nation's fisheries, marine wealth, and seabed resources,” reads the statement.

The seven-member commission is composed of:

• Ahmed Shakir, president
• Abdul Aziz Yoosuf
• Aminath Shafiya Adam
• Dr. Abdul Muhsin Mohamed
• Retired Deputy Commissioner of Police Mohamed Sodiq
• Ahmed Ali Manik
• Fathimath Minhath Izzath

According to the President’s Office, the commission is charged with investigating the actions taken by state employees, advisors, directly and indirectly involved state officials, and all authorities vested with discretion and power up to the submission of the ITLOS case during the proceedings of the case, in the Maldives' response, and in all surrounding related matters.

The commission is charged with determining whether there was any legal negligence on the part of state employees, advisors, directly and indirectly involved state officials, and authorities vested with discretion and power, and to establish the boundaries and scope of any such legal negligence; and to examine how case documents were maintained and preserved regarding the case and all surrounding matters related to the subject matter.

The commission is also charged with determining measures deemed appropriate by the commission to be taken against parties who should be held accountable; and to submit proposals deemed appropriate by the commission, in light of its investigative findings, to structure and organize affairs in a manner that prevents the recurrence of such issues in the future.

The decree states that the commission will remain in operation until the president decided it had fulfilled its purpose.

Maldives became involved in the dispute over Chagos as the country's exclusive economic zone overlaps with that of Indian Ocean archipelago.

In April 2023, the International Tribunal for the Law of the Sea (ITLOS) concluded that the 95,563 square kilometer area between Mauritius and Maldives would be divided between the two using the equidistance formula.

The ruling granted the Maldives 47,232 square kilometers, while awarding 45,331 square kilometers to Mauritius.

However, President Muizzu’s People’s National Congress (PNC) has long asserted that the Maldives is entitled to the entire 95,563 square kilometers.