Transboundary haze must be dealt with

Transboundary haze pollution continues to pose a major regional environmental issue in Southeast Asia member countries like Indonesia, Singapore and Malaysia and to a lesser extent, Southern Thailand.

Previous data and satellite images of peatland fires, illegal logging and deforestation induced by land cleaning efforts in rural and agricultural areas of Kalimantan, Sumatra and Riau, Indonesia by local and international agribusinesses remain the main cause of haze in this region.

At its worst, when such environmental conditions such as El Niño delay the onset of the rainy season, burning and smoke due to peatland fires and land cleaning activities continue to intensify.

Besides the grave threat to human health - especially to those suffering chronic health conditions and the vulnerable - exposure to pollution from the haze harms living resources, fragile ecosystems as well as material property, leading to violations of the fundamental human right to life and health and a considerable financial loss to governments.

According to Greenpeace, around 110,000 deaths occur annually from pollution-related illnesses stemming from haze. For instance, this crisis in 2015 wrought the Indonesian government between USD$16 billion to USD$28 billion in losses as well as redirected air traffic and caused other similar repercussions. Schools had to be closed and a state of emergency was declared in many areas due to the haze. In 2019, USD$5.2 billion in damages and economic losses were reported, reflecting 0.5% of Indonesia’s gross domestic product (GDP).

The recent unhealthy air quality recorded in parts of Peninsular Malaysia and western Sarawak since last Friday with 9 areas in Malaysia showing unhealthy air pollutant index (API) readings of between 101 and 200 leaves much to be desired.

According to the Asean Specialised Meteorological Centre (ASMC), surveillance from the NOAA-20 satellite shows that some 241 and 145 hotspots were detected in Sumatra on 27 and 28 September 2023. However, the Indonesian government has denied the allegations, with its Environment Minister Siti Nurbaya Bakar saying Jakarta had not detected any haze from Indonesia travelling to neighbouring countries.

Global goals such as the sustainable development goals (SDGs), particularly SDG3 on healthy lives and wellbeing, SDG11 on sustainable cities, SDG12 on responsible consumption and production, SDG13 on climate change, SDG15 on protection, restoration and promotion of sustainable use of terrestrial ecosystems and SDG16 on providing access to justice, should be adopted by affected Asean member states in galvanising support and guiding actions at the Asean level.

These goals should provide a framework for shared action for people, the planet and prosperity by all countries and all stakeholders who should act in collaborative partnership.

Having a good disaster risk management (DRM) plan and well-coordinated efforts and commitment among related disaster management agencies at all levels and local stakeholders, will potentially lead to disaster risk reductions, enhance preparedness and responses and reduce the level of damage to assets and avert loss of lives.

Solutions to the annual toxic haze have been discussed among Asean member states for decades. The severe haze in 1997 and 1998 accelerated this process and led to the signing of the Asean Agreement on Transboundary Haze Pollution (ATHP) in 2002 by member states in Kuala Lumpur.

The ATHP, which was the first regional proposal in the world, aimed to mitigate and prevent haze pollution through concentrated nationwide efforts and increased regional and worldwide cooperation. Its implementation requires, among others, that each member state enact appropriate domestic legislation.

Though Malaysia was the first country to have ratified the ATHP in 2002, until today, it has yet to enact its domestic Transboundary Haze Pollution Act.

Indonesia, on the other hand, only ratified the ATHP in September 2014. The ratification came with mixed reactions. For some, it is a positive gesture despite the delay while for others, it is a blot on a non-enforceable agreement. Until today, transboundary haze recurs and there is no sign of any permanent solution in sight.

Weak mechanisms in settling disputes and non-compliance are further compounded by the agreement's obligatory provisions that do not specify any legitimate sanctions for non-compliance, and Asean is not constituted as an operative enforcement organisation. Corruption and insubstantial implementation in managing the haze need to be addressed without any delay for peace and safety of all in the region.

Asean should reassess how to apply the principle of non-intrusion and resilient reaction to be adopted. Malaysia and other affected member countries should work together harmoniously to resolve this problem, understanding the shocking economic and public health damage the haze has already caused and will continue to cause.

Although the ATHP lacks enforceable mandatory provisions, it remains a strong instrument for regional collaboration to control transboundary pollution. The reduction of transboundary haze should be a subject matter for joint efforts of legal reform, political will and administrative coordination.

Given that transboundary haze pollution requires cross-sectoral coordination, the impetus and commitment to develop a regional strategy must come from the highest level of both the government and non-governmental sectors as failure to do so will negatively affect millions of people with substantial damages to the economy, biodiversity and human health.

Shared prosperity as envisioned in the SDGs will not be achieved unless practical policy actions and strategies, coupled with shared commitment and concerted efforts from member states, are seriously taken into consideration to tackle this wicked problem, once and for all.

Mohd Noor Musa is a Research Analyst at Institut Masa Depan Malaysia (MASA).