40. The Committee regrets that no progress has been made in implementing the Committee’s previous recommendation to withdraw all discriminatory restrictions on Chagossians (Îlois) from entering Diego Garcia or other islands in the Chagos Archipelago (see CERD/C/GBR/CO/18-20, para. 12), that the State party continues to maintain its position that the Convention does not apply to the British Indian Ocean Territory on the grounds that it has no permanent population and that the State party has not yet extended the application of the Convention to the Territory (arts. 2, 5 and 6)

41. Taking note of the decision, adopted on 18 March 2015, of the arbitral tribunal constituted under annex VII of the United Nations Convention on the Law of the Sea in the matter of the Chagos Marine Protected Area Arbitration, the Committee reiterates its previous recommendation (see CERD/C/GBR/CO/18-20, para. 12) that the State party has an obligation to ensure that the Convention is applicable in all territories under its control, including the British Indian Ocean Territory, and urges the State party to hold full and meaningful consultations with the Chagossians (Îlois) to facilitate their return to their islands and to provide them with an effective remedy, including compensation.