Singapore's anti-haze law needs more bite, say experts

Audrey Tan, Samantha Boh Straits Times 25 Sep 15; and AsiaOne

The seriousness of out-of-control burning activities in Indonesia continues to be felt in the region despite efforts to put out fires.

Experts say more must be done to punish offenders, or the haze problem will not go away.

Among their suggestions are harsher fines, rewards for informants, more policing and closer cooperation among the authorities.

Some also suggest a procurement policy that ensures goods and services are obtained from sustainable and responsible sources.

Singapore Management University (SMU) law don Eugene Tan said: "The law should require the Government to take the lead and adopt (such a procurement policy).

"This can help (ensure) its investments and business partners are not engaging in conduct that is detrimental to the health of Singaporeans and our economy."

He was referring to Singapore's Transboundary Haze Pollution Act, which was passed in Parliament last year to punish those responsible for causing or condoning fires if burning results in unhealthy levels of haze in Singapore.

"It would be the height of irony if the haze was caused, directly and indirectly, by companies with a strong Singaporean connection, whether in terms of ownership or investments by Singapore entities," said Associate Professor Tan.

A Singapore-listed firm is under investigation for causing forest fires in Indonesia, an Indonesian official said on Tuesday.

Singapore's Ministry for the Environment and Water Resources is also investigating two recent breaches of the Transboundary Haze Pollution Act.

Those found guilty under the Act can be fined up to $100,000 a day, capped at a total of $2 million, for causing unhealthy haze, defined as a 24-hour Pollutant Standards Index value of 101 or greater for 24 hours or more.

But Professor Ng Yew-Kwang, an economist from Nanyang Technological University, said the fines were too low and suggested that they be increased by at least a hundred times. "Some may think that $100,000 a day is a big penalty. However, since the haze affects all people in Singapore, that sum is less than two cents a day per person," he pointed out. "This is certainly far less than 1 per cent of any reasonable estimate of the costs of haze at any unhealthy level."

National University of Singapore economist Ivan Png said the law could include a whistle-blower provision to reward those with information leading to convictions. "Whistle-blowers have been instrumental in exposing white-collar and environmental crime in the United States and Europe. We can apply the same concept to combat the haze.

"We might then even get the help of local government officials and plantation workers in Sumatra. The prospect of a whistle-blower reward worth perhaps hundreds of thousands of dollars would certainly focus their minds," said Professor Png, who suggested a reward 12 times the informant's annual income.

Meanwhile, a spokesman for non-governmental environmental organisation World Wide Fund for Nature Singapore said the biggest difficulty with the new law was verifying who started the fires, which depends on Jakarta's capacity to monitor the ground. She added: "It will also depend on the Act's ability to target smaller companies suspected of causing fires, (and) to follow the supply chain to the giant corporations they supply."

Dr Nigel Sizer, global director of the forests programme at US-based think-tank World Resources Institute, and SMU law professor Mahdev Mohan called for greater dialogue between governments, firms and environmental groups which "may have an accurate lay of the land", as a way of solving the haze issue made complicated by Indonesia's complex, often overlapping land ownership and usage rights.

The experts agree that while the law may be a step in the right direction, it does not yet have any bite. As SMU's Prof Tan put it: "It's small comfort to most Singaporeans... plagued by the scourge of the haze and for which the law strikes them as being a paper tiger."

Authorities identify companies likely responsible for forest fires
Today Online 25 Sep 15;

SINGAPORE — The Government has already identified some companies which could be responsible for some of the fires that have resulted in the haze, and the National Environment Agency has written to the Indonesian authorities asking for a list of companies that Indonesian investigations have shown may be implicated.

Revealing this at a media briefing yesterday, Minister for Environment and Water Resources Vivian Balakrishnan said the Government could be issuing notices to these companies in the days to come, pursuant to the Transboundary Haze Pollution Act. More details will be revealed today, he said, adding that investigations are in progress.

Last year, Singapore passed the Transboundary Haze Pollution Act, which states that haze pollution has occurred if the 24-hour Pollutant Standards Index (PSI) — for the same or any part of Singapore — remains above 100 for at least 24 hours. It further stipulates that it is an offence for any entity to cause or contribute to haze pollution here. This has happened at least twice in recent weeks. Asked whether the Government was investigating further breaches, Dr Balakrishnan said the Government was still collecting evidence.

The haze has worsened dramatically since Wednesday, due to a tropical storm in the West Pacific Ocean near the Philippines, resulting in the winds shifting to blow from the south and south-west, bringing with it dense haze from Sumatra. Hourly PM2.5 concentrations have fluctuated widely, but have been on an upward trend overall.

Dr Balakrishnan said what was of concern was a dense “haze cloud” south of Singapore that is creeping closer to the island. “That’s why you are getting this volatile but progressively worsening haze (yesterday).”

With the region experiencing El Nino year, the dry conditions will last till November. But wind directions are very changeable and can be affected by incidents like typhoons, and it is difficult to give a forecast of what to expect over the next few weeks, said Dr Balakrishnan.

“Obviously we also hope the Indonesian authorities’ efforts on the ground, and I am very encouraged that the President of Indonesia is on the ground himself ... (we hope) that his efforts, his determination, will be translated into actual action on the ground to put out those fires. Our offer of assistance is still on the table and we still stand ready to work with ASEAN partners to resolve this problem,” he said.

‘Errant companies to face the music’
KOI KYE LEE New Straits Times 24 Sep 15;

KUALA LUMPUR: INDONESIA, having bore the brunt of criticism over the haze enveloping its neighbours Malaysia and Singapore, is set to lay down the law on those responsible for the annual phenomenon.

The republic is expected to haul up more than 200 plantation and forestry companies to court next month over the roles they played in causing the smog via illegal land clearing methods, which included slashing and burning.

Speaking to the New Straits Times yesterday, Indonesian Ambassador to Malaysia Herman Prayitno said Indonesia’s ongoing investigation into errant companies linked to the haze would most likely be completed in October.

The likelihood of these companies being charged in court and paying a heavy penalty, he said, was high.

“We are taking this seriously. Those who have broken the law will face stern action as time and again, we have reminded them to refrain from slashing and burning. Even the number (of companies investigated) may increase.”

Prayitno said more companies may face suspension and criminal proceedings. However, he said, Indonesia was not at liberty to disclose their identities.

On how many more companies out of the 200 investigated would face a similar fate as the four firms that were suspended on Tuesday over illegal land-clearing practices, he said “investigations are still ongoing”.

On Tuesday, it was reported that four companies had their operations suspended for allegedly contributing to the haze.

Three oil palm plantation companies had their permits frozen while one forestry company had its licence revoked.
All the companies were Indonesian-owned while a Singapore-owned company was also under probe.

Prayitno said one Malaysian company was among more than 200 companies being probed. However, he could not divulge further information.

Among the penalties include suspension of operations, revocation of land permits and jail time.

On whether Indonesia would seek cooperation from Malaysia and Singapore to develop long-term solutions, Prayitno said Asean was a good platform to discuss the issue.

“Indonesia is able to handle this, but if we do need the help of our Malaysian and Singaporean counterparts, we will ask, and perhaps, work together. However, we are working via the Asean platform and I believe we can do it. Hopefully, this will not happen again in the years to come,” Prayitno said.

He said, in the future, Indonesia would have an obligation of due diligence to prevent private parties within its territory, jurisdiction or control from causing transboundary environmental harm to other states or areas beyond the limits of national jurisdiction.

“Our government will also have an obligation to punish the perpetrators of wrongful conduct if harm is occasioned,” he said.

Meanwhile, Deputy Foreign Affairs Minister Datuk Seri Reezal Merican Naina Merican said the ministry has yet to receive word on the Malaysian companies linked to the haze situation.

“Our companies operating in Indonesia are subject to local laws and regulations. If legal action is taken against them, our embassy and consulate in Indonesia will provide necessary assistance,” he said.

Reezal said no protest note was sent to Indonesia on the situation as Malaysia wants to resolve such issues through consultation and cooperation in the Asean spirit.

Previously, Natural Resources and Environment Minister Datuk Dr Wan Junaidi Tuanku Jaafar had proposed a bilateral meeting to discuss among others, the haze situation.

However, the meeting, initially scheduled for Sept 25 in Jakarta, was postponed to a later date at Indonesia’s request.

Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi, during his recent working visit to Jakarta, had also raised the haze issue with Indonesian vice-president Jusuf Kalla.