On the steps of Attila

l'express du 24/05/2006

By Jean-Mée DESVEAUX

The overwhelming majority of the world flora bears both a scientific and a common name. The Albizia Vaughanii is not common enough to have such luck. This did not stop the last reproducing individual of this critically endangered endemic species from being callously butchered on CEB’s Sept Cascades land a few days ago. The act was criminal. It was most certainly premeditated and it was senseless since this Albizia Vaughanii could have been used as the highlight of the cable car project “Seven Waterfall Horizons Mauritius Limited (SWHML)”, sponsored by the Seetaram family.

A strange asymmetry in notoriety exists between the Ferney forest of the south east and CEB’s forest of Sept Cascades. While the specific details of the natural treasures of the Ferney forest were unknown to the world at large until the Prime Minister’s Office requested the Mauritian Wildlife to conduct a detailed audit, the forest of Sept Cascades was not only known to the international watchdog World Conservation Union (IUCN) but, to boost, the IUCN had the species of critically endangered plants minutiously recorded on its international red list of threatened species! For the Tiger of the Indian Ocean which housed the International conference on the dangers threatening small island States in 2005, Mauritius could have acted with a little more circumspection than we are..

If it is only now that this project and its ramifications hit the headlines, the battle between the political might of the sponsors of Seven Waterfalls Horizons Ltd, and the endeavours of CEB to protect the environmental heritage of the country had been simmering for quite a while. After long months of what the then Chairman described as unbearable political pressure, the first open salvos came with the previous Minister of Public Utilities’ shameless letter to the CEB Board ordering it not to go ahead with its decision to request Mauritius Wildlife to conduct an environmental audit of Seven Waterfalls forest. The Most Honourable Minister’s anxiety hinged on the fact that, as it turned out to be the case, the location of the endangered species would interfere with the Attila type lease that was being proposed to the promoter. Luckily, that was a time when the CEB had not yet turned into the footman of Government House when it came to protecting the Board’s and the country’s interest. The Honourable Minister’s letter was treated with the contempt it amply deserved and Mauritius Wildlife was allowed to conduct its survey in masterly style, identifying the location of the critically endangered species to the nearest one. Another assault came, this time from the ex Minister of Agriculture who tried to use all his persuasion on the MWF to "steer clear of this project because it is highly political". That Minister had taken a keen interest in the project which he defended in cabinet and elsewhere.

It is the same political might, accompanied by its usual powers of persuasion that are, at present, concocting and disseminating the most erroneous interpretation as reported by l’express from the Most Honourable Minister of Environment’s staff. According to this piece of legal interpretation that deserves the Dunciad of jurisprudence, the land conversion permit that the promoters received from the Ministry of Agriculture allows them to do whatever they wish with all the land involved in the project. This would of course put the project out of the ken and jurisdiction of the environmental police. It is fortunate that this Attila type of interpretation of the environmental situation is wrong in law. The conversion certificate allows the promoters to use their own hitherto agricultural land for leisure park and industrial purposes. They have received no such blank cheque in relation to either the portions of the CEB’s forest land nor to the State land both of which are required for the project. In fact, as we will see later, far from giving the project promoters free rein, the lease drafted by some of CEB’s previous board members is very encompassing in what the promoters can NOT do.

Following from the same logic, the conveniently supine stance of the Ministry of Environment reported in l’expresss according to which the project does not require an Environmental Impact Assessment (EIA) is totally misconstrued. The mandatory EIA has been in the hands of Mr Florens of the University of Mauritius for quite a while now. This academic has the reputation of integrity and intellectual honesty borne out by his track record in various such issues. Let us give him the freedom to reflect on this project and in the mean time assess the cost to the future generation of Mauritians if the onslaught of the politically mighty is not reined in. It would mean the irreversible destruction of what the Mauritius Wildlife (MWF) found on CEB’s land:

1)The CEB land at Tamarind Falls forms part of the Vacoas ridge forest that has been almost totally destroyed for agriculture, hunting and developments. The most important remaining areas of this forest type are a reserve at Mondrain and the forest at Tamarind Falls.

2)Although much of the forest at Tamarind Falls is degraded, due to poor land management and invasive alien plant species (such as goyave de chine and privet), there are some areas that are rich in natives, home to critically endangered plant species (as recorded on the international red list of threatened plants, produced by IUCN.

3)A rapid assessment of the forest on CEB land surrounding Sept Cascades found 61 species of native flowering plant species of which 30 are endemic. This list does not include orchids or ferns. This area is home to four plant species that are on the verge of extinction. Two are restricted to this area, and two have almost their entire world population in this area.

4)Psiadia Cateractae (IUCN Critically Endangered) is only known from 4 individuals in the world. These are all found on CEB land at Tamarind Falls, on the top of the first fall of the cascade.

5)Polyscias Gracilis (IUCN Critically Endangered) is known from less than 15 individuals; the CEB land at Tamarind Falls contains 11 of these trees, occurring around the pipeline and base stations B and T4.

6)Polyscias Paniculata (IUCN proposed Critically Endangered) is known from only 3 individuals; two of which are on the CEB land at Tamarind Falls. These two individuals are found on the edge of a brisée near the reservoir

7)Albizia Vaughanii (IUCN Critically Endangered) known from 15 individuals, all but one of which are on the CEB land at Tamarind Falls, near the pipeline and base stations B and T4.

8)Tamarind Falls area is also home to the Mauritian Kestrel, and is used by many other native animal species including the endemic fruit bat and pic pic. There are also occasional sightings of the echo parakeet (gros cateau vert).

It is the Albizia Vaughanii that was mutilated in an unprecedented clearing of its forest by CEB over the recent days. This tree can be said to be the jewel in the crown of Sept Cascades since it is the only reproducing individual of this critically endangered species. The other 13 don’t have that potential. This is a most ominous sign of the way things might evolve from now. The Albizia was next to a track that runs parallel to CEB’s huge water pipe. It was obvious from the start that the tree’s proximity to the track opened it to the vagaries of the careless transportation of equipment required for the project. From such a point of view, it was a hindrance to the project. No more! And let no one point a finger at the promoter, since this was a mere accident we are told, a pure coincidental occurrence of self-mutilation by CEB of the national treasure. That such mutilation will make the otherwise difficult transportation of the project equipment much easier, could suggest that the whole episode reeks of collusion between the new CEB and the promoter. But if it is a pure chance occurrence, how do we ensure it does not recur when say the proximity of another precious tree to the base of a pylon makes it rather awkward for the construction of the structure? The answer to that question is a tough one when the reader takes into consideration the utmost care taken to protect that individual tree in the lease agreement between CEB and SWHML. Article 10 on the environmental conditions says:

“The Lessee shall indicate the location of the only reproduing reproducing individual of the critically endangered and endemic Albizia Vaughanii on the access route to all contractors ; vehicles used during the construction should have a height of less than 2.5 m. This will prevent unnecessary damage to the last flowering individual of this species. The construction and maintenance of Stations B and T4 must be conducted with extreme caution so as not to cause damage to the Albizia Vaughanii.”

There is indeed a real concern regarding the size of the bases on which the pylons will stand. The type of cars being envisaged in the project has a capacity of 80 passengers which is rather similar to a bus. The promoter had proposed a central base of 25x25 metres initially but since this could not be accommodated in the pristine location he had chosen due to the vicinity of the endangered species and since he did not choose another location, he opted for a base of 10x10 metres. It taxes one’s imagination to conceive how such a monstrous car could rely on such a slim structure. If for reasons of safety raised at the last minute by the promoter, the initial base size was to be reverted to, we would kiss goodbye to the natural treasures of Sept Cascades.

This concern is reinforced by the persistent reverberations through the grapevine that the dimensions given by the promoter for the major base in the EIA project is in fact 25x25 metres. Additionally, quite in keeping with his effortless sense of disrespect for the spirit as well as the letter of the engagement with CEB, the promoter has even in the absence of an EIA, exercised what to him amounts to an inalienable right to clear up some 30 x 30 metres of land without any authorization or monitoring.

It is true that at Art 12, the Lease Agreement makes allowance for “damage to any CEB assets whether they be infrastructural or natural…would be a sufficient ground for rescinding the lease” and that “the lessor reserves the right to cancel the lease agreement for failure on the part of the lessee to comply with and honour its obligations specified in …..3), the report of MWF as contained in Article 10. How does one ensure however that the new CEB, that toothless bulldog, will put an end to its self mutilation and display instead the rigorous monitoring that the nation expects from a responsible corporate entity that is to boost a public utility! As to the other protectors of our rights in that regard we may as well give up all hope. After Inspector Tuyau’s punishment for duty done without fear or favour, one could hardly see an officer from the Police of the Environment ask the promoter to accompany him to the next police station for a statement. As to the Forestry department, their concern is quite real since they have offered nothing less than moving all the endangered trees to freshly dug up holes in the ground….that will serve them as sepulchre.