Written evidence submitted by Richard Dunne (CHA0003)

This submission presents factual evidence on the “environmental importance of the British Indian Ocean Territory both now and in the future” to assist the Committee.

Author

Richard Dunne. Cambridge 1972-5; Barrister (Middle Temple) 1981; Royal Navy 1974–1991. Legal Adviser to the Commander-in-Chief Fleet 1988-91. Scientific research on coral reefs (Indian Ocean) 1991-present; >40 scientific papers in leading journals. Visited Diego Garcia in 1979.

Since 2010 he has researched Chagos history and science, hosts a website [1] and library of >10,000 documents [2] and legislation [3]. In 2012 he published on the effects of global warming in Chagos (1), updated in 2021 (2); and led a major review in 2014 of the fisheries and the Marine Protected Area (3). Contributor to briefing papers, legal and scientific, for the Chagos Islands (BIOT) APPG, and has provided witness and legal input to the Bancoult cases in English Courts.

Summary Points of the Submission

• The pre-BIOT plantation era resulted in the loss of native vegetation to cultivated coconuts on ~50% of islands.
• The BIOT has facilitated the environmental degradation of Diego Garcia on land and sea over the last 5 decades.
• Chagos hosts important seabird nesting colonies and turtle nesting sites. Outer Island reef fish stocks are particularly healthy. However, global warming has severely impacted the health of the coral reefs. Pelagic tuna form part of a wider Indian Ocean fishery where yellowfin tuna is overfished.
• The reefs and islands are a valuable scientific research resource, albeit difficult to access due to remoteness and the restrictive regime of BIOT which also impedes information access.
• There is no scientific evidence that the BIOT MPA has enhanced either reef fish or tuna abundance or benefitted the environment. It was deemed incompatible with UNCLOS[4] in 2015 and Mauritius was declared the coastal state in 2023, consequently the MPA has ceased to have legitimacy.
• A management plan and long-term strategy is needed for the Chagos environment. This cannot be achieved under a BIOT Administration given the legal status of the BIOT MPA and decisions of the ICJ[5] and UNGA on sovereignty which the UK cannot continue to ignore. A Mauritian MPA supported by NGOs with assistance from the UK is a solution.

1. Environmental Setting [6]

1.1.   The Chagos comprises ~58 atoll islands. Land area is ~60km2 [7] with only 18% >2 metres above mean sea level. The surrounding sea area (to 200nm) covers 640,000km2; 19,120km2 shallower than 100m and the remainder oceanic water to depths of >5,000m. There are an estimated 86 seamounts (4).

1.2.   Coral atoll islands are dynamic structures composed of reef debris deposited by wind and wave action whose size and shape adapt to changes in sea level, storminess, and seasonal changes in the wind/wave patterns. Their persistence depends on a healthy living reef to supply debris and sediment. Aside from local human impact, their long-term survival will be impacted by anthropogenic global warming.

2. Present Environmental Importance

2.1.   Diego Garcia

2.1.1. The western arm houses a US military base (~3,000 military/contractor personnel (5) [8]) and has undergone significant environmental changes since 1971. Natural vegetation and coconut plantation was bulldozed during construction in the 1970s[9] (6); fringing coral platform extensively mined and permanently scarred, natural sea defences altered, and shoreline vegetation removed with localised erosion [10]. In the lagoon, harbour construction, blasting, dredging, and landfill removed large areas of coral and transformed the shoreline[11]. The US has spent over US$3 billion on infrastructure [12]. Significant anchor damage occurred in the lagoon from vessels [13]. Oil fuel spills seeped into the freshwater lens and sewage into the lagoon [14]. Recreational fishing has depleted reef fish stocks (7).

2.1.2. In comparison, the uninhabited eastern arm is a ‘Restricted Area’ and remains largely untouched although bearing the legacy of former coconut plantations. There is an important bird area at Barton Point (8).

2.1.3. The environmental value of the base area (⅔ of the island) is marginal at best. The remainder bears scars of former plantations which are overgrown and require extensive restoration to return to a natural state.

2.2.   Outer Atolls: these have been uninhabited for 50 years[15] (5). Two islands, Ile du Coin, and Ile Boddam were former plantations. On 26 of the largest islands over 75% of native forest was cleared for coconuts. The former plantations have been described as overgrown ‘coconut chaos’ although remnant stands of native tress remain and on remote smaller islands the native vegetation is still present.

2.3.   Cultural importance of former buildings and burial grounds: Former plantation buildings still exist at East Point on Diego Garcia, Ile du Coin, and Ile Boddam. They are culturally and historically important. Only East Point has undergone any preservation. Otherwise, buildings are in disrepair. Limited maintenance of several Chagossian burial areas on the islands takes place.

2.4.   Island Native Fauna: Large populations of coconut crabs thrive on most islands (9). There are 10 Important Bird Areas (IBA) hosting 18 species of breeding seabirds in large numbers. There is a paucity of land birds and no endemics (8).

2.5.   Island Flora: The original native flora of Chagos comprises 41 species of flowering plants, 4 species of fern, and a wide variety of mosses, liverworts, fungi and cyanobacteria. No endemic species are found. About 280 species of flowering plants and ferns have now been recorded - the increase reflects non-native plants, mainly to Diego Garcia, introduced accidentally or deliberately. Today the native flora depends very much on past exploitation of individual islands. Mangrove ecosystems exist on Eagle and Moresby islands, the former in decline [16]. The vegetation of Diego Garcia has been relatively well studied but other islands less so.

2.6.   Coral Reefs: the reefs of the Outer Islands were particularly healthy when first surveyed in 1978, since then they have experienced widespread coral bleaching and mortality during marine heatwaves in 1997 and 2015-16, together with earlier decline in live coral cover between 1978 and 1996 (10); cover of 65% in 1978 has fallen to 10% in 2019, albeit with cycles of recovery in between. It is frequently hypothesized that Chagos may be a ‘stepping stone’ for marine organisms in the Indian Ocean (11) but there is no conclusive evidence.

2.7.   Turtles: two species of marine turtles are found in Chagos (green and hawksbill). The islands are important nesting areas both globally and regionally, with Diego Garcia and Peros Banhos atoll accounting for 90% of hawksbill and 70% of green turtle nesting respectively. Turtle nesting has increased 2-5 times for hawksbill and 4-9 times for green since 1996 (12).

2.8.   Fish stocks: the reef fish on outer islands are abundant but depleted on Diego Garcia (7). Little is known about the health of pelagic species within the MPA other than Indian Ocean wide stock assessments; from these yellowfin tuna is overfished (13) and skipjack sustainable [17].

2.9.   Invasive Species: invasive non-native species are an important driver of species extinctions and alter ecosystems. In Chagos these include rats which are are present in large numbers particularly on the eastern side of Diego Garcia (14) and on ~30 other islands (15). Rats predate on and severely impact ground nesting birds. Rat eradication on Eagle Island failed in 2006 but has been successful on a smaller island in Peros Banhos (Ile Vache Marine) in 2014 (15). Feral cats, donkeys, and many non-native species of plants are present, the latter particularly on Diego Garcia. There are proposals by the Chagos Conservation Trust to eradicate rats and restore islands to their natural state which will require a considerable undertaking/finance.

2.10.          Pollution: Chagos cannot escape the effects of marine debris despite their remoteness. Beaches are littered with high levels of debris, particularly plastics, which frequently interfere with turtle nesting (16).

2.11.          Marine Conservation and Fishery Zones[18] (3): In 1991 a Fisheries Conservation and Management Zone (FCMZ) was established [19] from the limit of the 3nm territorial sea out to 200nm. Fishing in lagoons, territorial sea and FCMZ is licensed under the Fisheries (Conservation & Management) Ordinance 2007. An Environment (Protection & Preservation) Zone (EPPZ) was established in 2003 [20] and a Marine Protected Area (MPA) in 2010 [21]. Both cover the same area as the FCMZ. Diego Garcia’s 3nm territorial sea is ‘informally’ excluded from the MPA. The UK has never claimed an Exclusive Economic Zone (EEZ) [22]. No legislation has been issued for either the EPPZ or MPA.

2.11.1.                     The MPA was primarily created to satisfy conservation lobbies and to exclude Chagossians from returning to the islands [23].

2.11.2.                     Since 1998 some islands (Cow, Danger, Eastern Peros Banhos, Nelson and Three Brothers & Resurgent) have been Strict Nature Reserves to protect the important bird areas.

2.11.3.                     Between 1991 and 2010 commercial fishing licenses were sold for pelagic tuna and reef fishery but since 2010 none have been issued. There is no evidence that this ‘fishing ban’ has or will have any beneficial effect on pelagic fish stocks generally (17) and for skipjack tuna, modelling shows that the effect of the MPA is undetectable (18).

2.11.4.                     The MPA has had little discernable impact on illegal fishing which continues to pose a major threat (4). Physical enforcement is by a single patrol vessel [24]. Prior to 2010 costs for the vessel and fisheries administration were largely met from license revenue. Since 2010, financial assistance was initially provided by the Bertarelli Foundation for 5 years, thereafter the full costs have been met from the UK’s financial allocation to the BIOT, currently ~£5M per year.

2.11.5.                     The MPA lacks a published management plan [25]. The MPA was declared incompatible with international law by a Tribunal in 2015 because it ignored Mauritian interests [26], a decision binding on the UK. In 2023 an International Tribunal for the Law of the Sea found that Mauritius is the coastal State for the purposes of UNCLOS[27].

2.11.6.                     The claim by Chagos Conservation Trust to the Foreign Affairs Select Committee in 2008 [28] that the BIOT has “the most pristine tropical marine environment surviving on the planet” was subjective and was and is unsupported by fact.

2.12.          Mauritian MPA: As the coastal state in Chagos, Mauritius has announced that it will implement a zoned MPA covering its 200nm EEZ in consultation with stakeholders. Resettlement of some islands will be permitted with fishing for local consumption. Regulated fishing might be permitted in areas, whilst others will be Strict Conservation Zones. Initial details were given at the UN Ocean Conference in July 2022 [29].

2.13.          Research Value: The Indian Ocean is historically one of the most understudied oceans. Chagos is no exception and its use for defence purposes together with the remote location has and continues to impede access for research. There is a lack of affordable travel options, the only air bridge through Diego Garcia is controlled by the US military, and US permission is required for researchers transiting through the island. All researchers are required to obtain permits from BIOTA.

2.13.1.                The BIOTA provides little or no research funding although in recent years projects can apply to the UK’s Overseas Territories Darwin Plus scheme. Between 2011-13 there was a Science Advisory Group which advised on the development of a scientific strategy and facilitated the funding of grant proposals; no reason was given when it was abruptly axed. Since 2017, funding from the Bertarelli Foundation, administered by the Zoological Society of London, has supported a research programme which now extends across the Indian Ocean, this has dramatically increased research effort in the Chagos (19).

2.13.2.                As a relatively undisturbed marine environment, Chagos is a valuable research benchmark particularly for studies on the effects of global warming, however for terrestrial research there are only a few undisturbed islands in the archipelago.

2.14.          Information Accessibility & Open Government [30]: BIOT practice is one of inaccessibility, secrecy, and lack of accountability. A BIOTA website [31], launched after external pressure in 2013, is permanently out of date, uninformative, and of little value compared to other BOTs (e.g., British Antarctic Territory [32]). BIOT has not implemented a system of Freedom of Information (FOI) notwithstanding a decision of an UK Information Tribunal in 2014 that UK FOI applies. Since the decision, BIOTA has only taken action to ensure that it is even more inaccessible. It has failed to publish the reports of its Chief Scientific Adviser since 2019[33]. All of this impedes and limits the scope for academic research.

2.15.          Future Environmental Research: Mauritius has been seeking partnerships with scientific organisations to continue research in the Chagos. The Bertarelli Program includes Mauritius.

3. Future Environmental Importance

3.1.   Anthropogenic global warming (AGW) of the Earth’s atmosphere since the pre-industrial age is a global phenomenon. Recent data suggests that global surface temperatures will now exceed 1.5oC above the pre-industrial average by 2034 [34] with 2023 the warmest year on record to date.

3.1.1. AGW poses a potential threat to the environment of atoll island systems. Increasing sea levels and any changes in storminess will lead to sea-water flooding, damaging island vegetation and infrastructure and freshwater lenses. Rising sea temperatures and marine heatwaves cause coral bleaching and mortality, reducing the breakwater effect of reefs and the supply of sediment to maintain island structures.

3.1.2. Sea level in the area has been increasing at a rate of about 4.12 mm yr-1 at Diego Garcia and 2.96 mm yr-1 at Peros Banhos over the last 27 years (2) broadly consistent with global rise of 3.3 mm yr-1. There are indications that the rate may be accelerating [35]. Extreme sea-level events primarily due to storms are likely to be the predominant cause of overtopping and flooding although there is no indication of increased frequency in future. In November 2019 the highest recorded sea level occurred at Diego Garcia together with extensive flooding of low-lying areas. Atoll islands, however, are dynamic and sea-level effects can be mitigated by management of the reefs and the islands. Infrastructure such as artificial seawalls that have been installed on Diego Garcia are maladaptive (20, 21). The UK Government currently assess “sea level and coastal erosion as the most significant potential climate changes to BIOT” [36]

3.1.3. Patterns of sea surface temperature from the past 40 years indicate that unprecedented mass coral bleaching and mortality will likely occur across the Indo-Pacific throughout 2024 (22).

3.1.4. Present trajectories suggest that global warming is a substantial and growing threat to the future environment of atoll islands, however there is a misconception that they are on an inevitable path to submersion and local-scale activities will have an important contribution to their long-term survival (23).

3.2.   Overarching issues of sovereignty: Although Advisory Opinions of the International Court of Justice (ICJ) are non-binding, the 2019 decision has clarified that the customary international norm of self-determination existed at the time of the detachment of the Chagos from Mauritius in 1965. The UK failed to afford Mauritius the right at the time [37]. Consequently, the UK’s claim to sovereignty was unlawful from the outset. Customary norms apply to all States and the UK cannot ignore this. The ICJ decision has overwhelming support in the UN.

References

1.              R. P. Dunne et al., Global Planet. Change 82-83, 25-37 (2012).

2.              R. P. Dunne, Tides and Sea Level in the Chagos Archipelago: a guide.  (https://sites.google.com/site/thechagosarchipelago2/chagos-science/sea-level/tides-sea-level-2021, 2021).

3.              R. P. Dunne et al., in Adv. Mar. Biol., L. J. Magnus, S. Jane, Eds. (Academic Press, 2014), vol. Volume 69, pp. 79-127.

4.              G. C. Hays et al., Mar. Biol. 167, 159 (2020).

5.              D. Vine, "Draft Report: The Former Inhabitants of the Chagos Archipelago as an Indigenous People: Analyzing the Evidence," (New York, 2003).

6.              H. East, MPhil Environmental Science, Cambridge University, (2012).

7.              N. J. Graham et al., in Coral Reefs of the United Kingdom Overseas Territories, C. R. C. Sheppard, Ed. (Springer, Netherlands, 2013), vol. 4, chap. 19, pp. 253-270.

8.              P. Carr, Br. Birds 104, 642-659 (2011).

9.              C. Clubbe, in Kew Magazine. (2010), vol. Winter 2010, pp. 30-35.

10.              C. Sheppard et al., Mar. Pollut. Bull. 154, 111075 (2020).

11.              C. C. Sheppard et al., in Coral Reefs of the United Kingdom Overseas Territories, C. R. C. Sheppard, Ed. (Springer Netherlands, 2013), vol. 4, chap. 18, pp. 241-252.

12.              J. A. Mortimer et al., Oryx 54, 332-343 (2020).

13.              K. N. Heidrich et al., Ocean Coast. Manage. 246, 106902 (2023).

14.              S. Barrios et al., "Mapping the vegetation of Diego Garcia Island, British Indian Ocean Territory. November 2018" Overseas Fieldwork Committee No. 893 (Royal Botanic Gardens Kew, London, 2018).

15.              G. A. Harper et al., in Island invasives: scaling up to meet the challenge: Proceedings of the international conference on island invasives 2017, C. R. Veitch, M. N. Clout, A. R. Martin, J. C. Russell, C. J. West, Eds. (IUCN, Gland, Switzerland, 2019), pp. 26-30.

16.              V. Hoare et al., Mar. Pollut. Bull. 181, 113868 (2022).

17.              D. M. Kaplan et al., Science 340, 810-811 (2013).

18.              S. Dueri et al., Aquat. Living Resour. 26, 171-178 (2013).

19.              Bertarelli Foundation, "Marine Science 2022: Bertarelli Annual Report" (Fondation Bertarelli, 2022).

20.              D. M. Kennedy, Ocean Coast. Manage. 249, 106984 (2024).

21.              P. D. Nunn et al., Ocean Coast. Manage. 205, 105554 (2021).

22.              O. Hoegh-Guldberg et al., Science 382, 1238-1240 (2023).

23.              S. Steibl et al., Trends Ecol. Evol. (2023).