by Filzah Belal, B. A. LLB (Hons.),  National Law University and Judicial Academy, Assam. and Yashasvi Jain, Advocate, High Court of Delhi

The lackadaisical response of Mauritius to tackle one of the biggest oil spills from grounding of MV Wakashio includes underscoring the extent of impact and late intervention. The government subsequently declared an environmental emergency and sought international assistance.

Mauritius is a prime destination along one of the world’s busiest shipping trade routes. It should have been prepared for such ecological crisis. Additionally, Mauritius has pioneered contingency plans and task forces for regional oil spills. The National Oil Spill Contingency Plan (‘NOSCP’) was formulated in 1990 with the aim to identify the potential resources, equipment and personnel to respond to future oil spill accidents. To address diverse environmental issues and effectively implement the NOSCP, the Environment Protection Act of 2002 (‘Act’) , was enacted with an independent emphasis on NOSCP. Sec 34(3) of the Act creates an appropriate contingency plan for an emergency declared under Sec 34(1) due to a spill. Sec 3, the interpretation clause, defines a spill as a discharge of a pollutant into the environment including from or out of a vessel. The two conditions for it to be considered as a ‘spill’ is that it must be abnormal considering the circumstances of the discharge, and it poses a serious threat to the environment. Further, Mauritius also became signatory to the Nairobi Convention which provides a platform for government, civil society, and the private sector to collaborate in combating marine pollution in cases of emergency by developing and promoting contingency plans (Article 12).

The IMO- UNEP Workshop on ‘Cooperation in preparedness and response to marine pollution incidents’ is meant to coordinate and implement regional contingency plans and to promote the implementation of the International Convention on Oil Pollution Preparedness, Response and Co-operation. The Mauritius government put forth its NOSCP calling it comprehensive yet inadequate due to the lack of funding and human resources to effectively execute its contingency plan. Only a few months later, reality set in as it was compelled to ask for international help to contain the oil spill from MV Wakashio.

While Mauritius’ neighbouring countries have demonstrated the spirit of global partnership enshrined in the principle of ‘Common but Differentiated Responsibilities’ in International Environmental Law realm, any regional agreement will only garner limited resources. A global problem requires a global solution.  Ultimately adequate compensation and imposition of liability will always remain inconsistent if there exists no centralised system.