COMMENT | Covid-19 and the haze - is a perfect storm brewing?

COMMENT | I read with disappointment the news that the Ministry of Environment and Water (Kasa) will not proceed with the proposed drafting of the Cross-Border (Haze) Pollution Bill. Kasa, among others, cited feedback from legal experts who claimed that legal action can only be taken against Malaysia-owned or related companies operating abroad “if clear proof and evidence are obtained from the country as to the cause of cross-border haze”.

As the senior official who helmed the environment/conservation portfolio, in particular haze pollution, both in Malaysia and at the Asean Secretariat for over two decades, I find this backtracking and reasoning rather absurd and unfounded. In particular, why would Indonesia not share evidence and proof of Malaysian entities causing fires and smoke haze, when in fact that has been the constant bone of contention when Malaysia blames Indonesia with Indonesia counteracting that Malaysia is not serious in bringing to book the Malaysian entities that cause transboundary haze.

Similarly, the lack of punitive actions on their entities by Malaysia is what strains diplomatic relations and the proposed law would help heal the acrimonious public spat that goes on during periods of severe smoke haze. Kasa further adds that Malaysia will continue to work within the ambit of the 2002 Asean Agreement on Transboundary Haze Pollution (Haze Agreement), in particular on Technical Cooperation and Scientific Studies to “strengthen diplomatic relations between Malaysia and Asean, in particular, Indonesia on the subject of transboundary haze.”

As the primary drafter of the Haze Agreement and having overseen its implementation, there appears to be a misunderstanding ...