President establishes inquiry commission into Maldives' handling of Chagos dispute

President Dr Mohamed Muizzu has established a seven-member commission to investigate decisions made by the previous Maldivian Democratic Party (MDP) administration in relation to the Chagos Archipelago maritime boundary dispute, following allegations that the Maldives suffered substantial losses as a result of its handling of the case.

The commission was established on Sunday through a presidential decree, fulfilling a commitment made by Muizzu in this year's Presidential Address.

According to the President's Office, the commission will investigate the Maldives' handling of Case No. 28 before the International Tribunal for the Law of the Sea (ITLOS), which concerned the delimitation of the maritime boundary between the Maldives and Mauritius.

The President's Office said international legal experts appointed to review the case had concluded that decisions taken by the Maldives contributed to the loss of a substantial area of maritime territory.

It said the alleged losses had implications for the country's fisheries, marine resources and seabed resources, warranting an investigation into the decisions made by those involved.

The commission will be chaired by Ahmed Shakir.

Its other members are Abdul Azeez Yoosuf, Dr Aminath Shafiya Adam, Dr Abdul Muhusin Mohamed, retired Deputy Commissioner of Police Mohamed Sodiq, Ahmed Alimanik and Fathimath Minhath Azzath.

The commission has been tasked with examining the decisions and actions of officials involved in the maritime boundary proceedings, including the legal advice received and the Maldives' submissions before ITLOS.

According to the President's Office, the commission will investigate the circumstances surrounding the submission of ITLOS Case No. 28, the arguments presented during the proceedings and the Maldives' response to the case.

Its mandate includes examining the conduct of government employees, advisers, officials and other individuals who participated directly or indirectly in decisions relating to the dispute.

The commission will assess whether those involved exercised their authority appropriately and whether their actions or omissions amounted to legal negligence.

It will also determine the extent of any legal negligence identified during the investigation.

The commission has been instructed to examine documents associated with the proceedings and investigate how relevant records were maintained and preserved.

It will identify measures it considers necessary to hold individuals accountable for their involvement in the case.

The commission is also required to recommend steps to prevent similar incidents in the future.

According to the President's Office, the commission will remain in operation until the President determines that it has completed all its assigned responsibilities.

The investigation concerns the Maldives' maritime boundary dispute with Mauritius over waters adjoining the Chagos Archipelago, also known in Dhivehi as Foalhavahi.

On 22 August 2022, former President Ibrahim Mohamed Solih sent a letter to the Prime Minister of Mauritius acknowledging Mauritian sovereignty over the Chagos Archipelago.

The current administration subsequently made the letter public on 19 December 2023, alongside a statement outlining its efforts to address what it described as the loss of part of the Maldives' maritime territory.

The dispute was considered by a special chamber of ITLOS, which delivered its judgment on 28 April 2023.

In its judgment, the tribunal determined that the maritime boundary between the Maldives and Mauritius should be delimited by reference to the coastlines of the Chagos Archipelago.

The Muizzu administration has since questioned the decisions made by the previous government during the proceedings and their implications for the Maldives' maritime entitlements.

The newly established commission will examine those decisions and determine whether any officials or advisers should be held accountable for their actions.