THE government will not defend Malaysian companies operating overseas that contribute to transboundary haze, says Nik Nazmi Nik Ahmad.
“We have reminded plantation companies operating in neighbouring countries that we will not defend them if they are involved in open burning, (especially) in Indonesia,” said the Natural Resources, Environment and Climate Change Minister during Ministers’ Question Time in the Dewan Rakyat.
Nik Nazmi said his ministry and Wisma Putra had submitted a diplomatic note to the Indonesian government informing Jakarta of the haze situation in Malaysia and the intention for both countries to work together in operations to put out fires in the affected areas.
He added that the issue of transboundary haze cannot be resolved solely through the enactment of laws or by pointing fingers.
“We have to admit that aside from Malaysia, Indonesia, too, has taken steps to address the issue of open burning at plantations and peat fires during the past few years through a presidential decree and other measures,” he said.
On the move to enact transboundary laws on haze, Nik Nazmi said issues that need to be resolved are the location and coordinates of the open burning areas and the details of landowners and companies operating there.
The issue of haze mitigation also involves the sovereignty of another country, he said, adding that if a country is not willing to cooperate, Malaysia will not be able to enforce its laws.
He said while Singapore has a Transboundary Act in place, it has not been successful when it comes to implementing legal action.
“We will adopt the diplomatic approach and also (seek) technical and scientific cooperation under the Asean Agreement on Transboundary Haze Pollution (AATHP).
“This agreement has been in place since 2002 and Malaysia was among the first signatories,” he said.
Nik Nazmi said Asean member states must work towards improving the AATHP to combat the cross-boundary haze situation affecting the region.
Under the current Asean agreement, he said there are no provisions for punitive action against companies or countries that are accused of causing the haze.
“This is a constraint that we have under the current framework,” he said.
Nik Nazmi was responding to Datuk Idris Ahmad (PN-Bagan Serai) whether existing laws are sufficient to enforce the law on haze against other countries.
It has been reported that the fires are usually from land clearing for oil palm and other plantations.
Indonesian Environment and Forestry Minister Siti Nurbaya Bakar said on Oct 6 that forest fires in some parts of Sumatra and Kalimantan had declined with no haze detected moving to Malaysia.
Her remarks came after Nik Nazmi told Reuters that he had asked his Indonesian counterpart to address the haze as air quality in the country was worsening, saying haze should not be a new normal.
