Prime Minister
Minister of Defence, Home Affairs and External Communications
Minister for Rodrigues, Outer Islands and Territorial Integrity
Sir,
I trust this message finds you well.
I am writing to bring to your attention a matter of considerable concern regarding maritime safety and regulatory practices in Mauritius. This letter supplements previous correspondence sent to various local authorities, including the Ministry of Shipping & Blue Economy and MRS.
It has come to my attention that the Mauritius Radio Service (MRS) Cassis is broadcasting VHF Radio security messages on Channel 16, advising vessels navigating within the so-called “innocent passage” of Mauritius to maintain a distance of 12 nautical miles from the coast. This directive appears to be inconsistent with the definition of “innocent passage” as outlined in the United Nations Convention on the Law of the Sea (UNCLOS).
According to Article 21 of UNCLOS, the coastal State may establish laws and regulations relating to innocent passage through its territorial sea for the following purposes:
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other installations;
(c) the protection of cables and pipelines, among other considerations.
Given that “innocent passage” refers to navigation through the territorial sea, which extends up to 12 nautical miles from the coast, advising vessels to remain at 12 nautical miles from the coast places them outside the territorial sea, consequently outside of the innocent passage. This discrepancy may lead to confusion and potential operational difficulties for mariners.
Informing mariners on the AREAS TO BE AVOIDED around Mauritius as per Merchant Shipping Notice 21 of 2020 (enclosed) must be included in MRS security messages via VHF.
Additionally, I must express concern over the prolonged inoperability of the Flat Island Lighthouse, which has been non-functional for the past 16 months. Despite numerous notifications to the Mauritius Ports Authority regarding the critical nature of this issue, no action has been observed to rectify the situation. The continued absence of this vital navigational aid poses a significant risk to maritime safety and could result in serious incidents, including grounding, loss of lives and or oil spillage.
I respectfully request your immediate attention and intervention in addressing these pressing issues. It is essential for the safety of our maritime operations and the protection of our national interests that these matters are resolved promptly and effectively.
Thank you for your consideration and prompt action on these important issues.
Yours sincerely,
Alain Malherbe
