Open
Letter to members of Parliament
The
MV Wakashio, believed to have been carrying 4,000 tonnes of fuel oil, ran
aground on a coral reef off the coast of Mauritius on 25th July
2020. The MV Wakashio has started leaking the fuel about twelve days after it
hit the coral reef, endangering the marine ecosystem, more specifically the
Blue Bay Marine Park and the Ramsar site of Pointe D’Esny.
The
Environment Act gives the power to the Director of environment “to direct
the owner of the pollutant which is spilled, or any other person, to take such
action within such period of time as he may specify in order to- (a) prevent,
eliminate, or reduce the adverse environmental effects of the spill; (b)
restore as far as is practicable the environment to its previous state; (c)
dispose of, or in any way deal with, the pollutant or any object reasonably
suspected to be affected by the pollutant.”
The
Director of environment has indicated that he is unable to take quick actions
to counter the spillage because of international conventions and protocols.
However, the MV Wakashio is not currently in international waters but is lodged
into the coral reef on the coast of Mauritius which entails that the local laws
take priority. The Director must do more than be overly administrative and
await for international help in the face of this national crisis of
unprecedented magnitude.
According
to Article 5 of the International Convention on Salvage, nothing in the
Convention itself shall affect any provisions of national law or any
international convention relating to salvage operations by or under the control
of public authorities. The extent to which a public authority under a duty to
perform salvage operations may avail itself of the rights and remedies provided
for in this Convention shall be determined by the law of the State where such
authority is situated.
Furthermore,
Article 9 of the International Convention on Salvage, the Coastal State
concerned, i.e Mauritius, can take measures in accordance with generally
recognized principles of international law to protect its coastline or related
interests from pollution or the threat of pollution following upon a maritime
casualty or acts relating to such a casualty which may reasonably be expected
to result in major harmful consequences, including the right of a coastal State
to give directions in relation to salvage operations.
The
Prime Minister has declared a state of emergency on Friday but so far the
measures being taken to respond to the threat that the oil spillage represents
are flimsy.
Mauritius
is home to world renowned coral reefs and endemic species and the Government is
relying on promised international help to control and eliminate the oil
spillage. It is my view that given the provisions of the International
Convention on Salvage and the priority that local laws have over international
protocol, more so in situations of national emergency, it is imperative for the
Salvage Manager and the Government to mobilise local resources to coordinate
efforts and take urgent measures to protect our reefs and marine ecosystem.
Suttyhudeo
Tengur
President
11 August 2020