Scramble to Contain Environmental Damage of Mauritius Oil Spill Implicates Wide Range of Rights

A cargo ship operated by Mitsui O.S.K. Lines carrying 4,000 tonnes of oil has leaked an estimated 1,000 tonnes into the sea resulting in Mauritius declaring an environmental emergency.

Recently, 3,000 tonnes of fuel oil was successfully removed from the ship’s reservoirs and has been moved by helicopter to another ship under the same ownership, Nagashiki Shipping Company. Volunteers have also been working together to create fabric sacks stuffed with straw to help absorb the oil, which has aided in removing 500 tonnes of oil. Others have also taken to collecting oil from shallow waters.

Mauritius is an island nation found in the Indian Ocean off the southeast Coast of Africa and has a population of 1.3 million. It is dependent on the sea for ecotourism as well as fisheries, which contributes to 1.5% to its GDP. Tourism contributed $1.6 billion in 2019 alone. 

MV Wakashio, this ship responsible for the spill, is owned by Nagashiki Shipping Company and operated by Mitsui O.S.K. Lines. It was headed to Brazil from China when the ship ran aground on the southeast of Mauritius in a well-known sanctuary for rare wildlife called Point d’Esny.

ECOLOGICAL CRISIS 

The oil leaked into protected marine parks, damaging fragile coastal ecosystems.

Coral reefs now face threats from the toxic hydrocarbons released from oil spills, which can lead to coral bleaching. This can in turn affect the coral’s immunity to disease, growth, reproduction, and, in severe cases, it can lead to them dying. Considering that around 25% of fish depend on healthy coral reefs, of which Mauritius has 800 different types, it could seriously hamper the eco-diversity of the region. 

Oil spills can also lead to birds being unable to shed water or insulate from the cold resulting in hypothermia and death. Turtles are also at risk as they often get trapped in the oil or mistake it for food.

The Mauritian Wildlife Foundation are apprehensive that their efforts to restore the area of the spill, dating back to 1985, will be undone. As part of those efforts, a representative of the foundation described, 200,000 indigenous trees were planted to restore the coastal forest and aid endangered birds, including the pink pigeon and Mauritius olive-white eye, amongst other species that are adversely affected by the spill.

HEALTH EFFECTS

The health effects of an oil spill on the human population can be just as devastating with side effects differing depending on the type of oil spilled. A study of Northern Ecuadorian Amazonians found that oil spills can lead to respiratory damage, liver damage, decreased immunity, increased cancer risk, reproductive damage, and higher levels of toxics (hydrocarbons and heavy metals) with the effects cumulating over years of exposure. A further study of onshore oil spills in Nigeria in correlation to the oil spills in the Niger Delta found that the danger to human health was so severe that it had a negative impact on both neonatal and infant mortality regardless of gender or socio-economic background. 

In addition to the human effects, in 2010, the result of 400,000 tonnes of oil being spilt off the Gulf of Mexico saw not only the death of marine life but also similar long-term impacts such as disease, impaired reproduction, and reduced growth of marine biodiversity.

These results of these studies display a clear image that the danger of oil spills on life are severe and indiscriminate—a threat to fundamental human and environmental rights. 

ECONOMIC IMPACT IN MAURITIUS

The reef systems in Mauritius help in contributing to the economy through fishing, diving, and snorkelling, providing many jobs for locals. Any damage to the reef systems will seriously hinder the economy due to its reliance on tourism. Moreover, it is likely to not only damage local businesses such as fisheries but also the price valuations of properties should there be severe permanent damage. Looking beyond Mauritius, the oil spill will also have consequences on the Indian Ocean Commission’s fishery production of which Mauritius contributes 3.7%. 

The serious threat that oil spills have on human health, ecology, and the economy can disrupt the way of life for many communities resulting in violations of economic, social, and cultural rights. This includes the right to work in just and favourable conditions and the rights to an adequate standard of living and highest attainable standards of physical and mental well-being. Most importantly it impacts various communities’ right to life.  Each of these rights is set out in various international instruments, including the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. 

The dire situation in Mauritius also offers states an opportunity to reevaluate current international legal instruments in the field of liability and compensation for oil spills especially due to the risk posed to ocean economies that are reliant on fisheries and tourism. 

Screenshot 2020-09-07 at 14.25.36.png

Angie is a final year law student at the University of East Anglia and has completed a year abroad at KU Leuven in Belgium. She is an aspiring Solicitor hoping to work in London with the aim of qualifying in another jurisdiction in the future. Her interests are largely international with particular focus on technology, financial crime, environmental and human rights law and how they overlap.

LinkedIn