Malaysia could adopt S’pore’s transboundary law on haze pollution

Today Online 22 Oct 15;

KUALA LUMPUR — The Malaysian government is studying Singapore’s new transboundary law to ascertain if it can be adopted in Malaysia, said natural resources and environment minister Wan Junaidi Tuanku Jaafar yesterday.

“We are still studying this to see whether we can use it, whether it can relate to us, its terms and conditions or whether we can improve on it,” he said in Parliament in response to points raised by Members of Parliament during an emergency debate on the smoggy conditions currently blanketing the region. “We are serious. I told the AG (Attorney General) we need to look into this and the AG told me he will raise this with his Singaporean counterpart.”

Malaysia has no legislation similar to Singapore’s Transboundary Haze Pollution Act 2014, which allows the city state to impose steep fines on local or foreign companies found contributing to smoke pollution in the republic.

Singapore has recently invoked the law to serve notices to five companies suspected of contributing to the current hazy conditions.

Malaysia, like Singapore, has been severely affected by thick haze in recent weeks due to forest fires in Indonesia from illegal land-clearing activities in Sumatra and Kalimantan.

The haze has forced schools in the region to close, flights to be disrupted and thousands of people to seek treatment for respiratory problems.

As the problem has recurred for years and remains unresolved, Malaysian Prime Minister Najib Razak urged scientists at an international meeting last week to come up with ideas to tackle the annual problem from Indonesia.

Mr Wan Junaidi had earlier said the signing of a new memorandum of understanding between Malaysia and Indonesia to tackle the problem was postponed for a second time, because his Indonesian counterpart was busy with fire-extinguishing operations in Sumatra and Kalimantan.

Even though there is no law in Malaysia to punish companies responsible for the haze, several Malay-Muslim groups in the country said companies that have been using forest fires to clear land in Indonesia will face a class action lawsuit in about a month.

Mr Nadzim Johan, who heads the Muslim Consumers Association of Malaysia, said the proposed lawsuit will be a good way for those affected by the haze to express their anger against the firms responsible.

“So we want to collect information — who burns forest, who is the owner — and we ask the lawyers that have expertise in legal matter, maybe international laws, to gather and discuss with the purpose of taking legal actions against companies, especially Malaysian companies,” he told reporters at a press conference.

Another activist, Mr Sheikh Abd Kareem Said Khadaied, said the Malay-Muslim groups involved in the planned lawsuit are in a “fact-finding” process to determine if 10 companies on their list are truly responsible for the haze.

“Some of the 10 companies are subsidiaries of government-linked companies and we also know that Malaysia’s GLCs have much involvement with farming in Indonesia. So we hope those who are involved come to us before we come and find them,” the secretary-general of Muslim group Pertubuhan Tarekat Muktabar Malaysia (PERTAMA) said, without naming the 10 companies.

Mr Sheikh Abd Kareem later told reporters that the eventual list of non-governmental organisations involved in the lawsuit could easily go up to 250, which he claimed would represent one million consumers. AGENCIES


Law to nab haze culprits under way
SIRA HABIBU The Star 22 Oct 15;

PETALING JAYA: A new law similar to Singapore’s Transboundary Haze Pollution Act is being drafted in Malaysia to bring to book local companies setting forest fires abroad.

Natural Resources and Environ­ment Minister Datuk Seri Dr Wan Junaidi Tuanku Jaafar said the proposed law was necessary to ensure that offenders causing transborder haze did not escape with impunity.

“I have directed the ministry’s legal adviser to prepare the framework with the technical team before forwarding it to the Attorney-General’s Chambers for fine-tuning prior to tabling the draft Bill in Parliament,” he said.

Attorney-General Tan Sri Mohamed Apandi Ali confirmed that the proposed law may be modelled on the Act passed in Singapore last year.

“The A-G’s Chambers will wait for the ministry to refer to them,” Apandi told The Star.

Wan Junaidi said he had directed the ministry’s legal adviser three weeks ago to prepare the framework for the new laws, as Malaysia currently did not have jurisdiction to take action against local companies committing the offence abroad.

He said it was part of a two-pronged strategy being undertaken to facilitate legal action against those responsible for causing haze.

Malaysia has also suggested including another legally binding clause in the proposed bilateral memorandum of understanding (MoU) between Malaysia and Indonesia, which is yet to be ratified, to refer breaches in agreement to the International Court of Justice.

Wan Junaidi said resorting to legal action would be most effective in tackling the long-standing woe that has taken a toll on the entire population in the region.

He added that statistics from the Indo­nesian authorities showed that most of the culprits involved in torching forests were smallholders (97%), compared with big corporations which made up only 3% of the cases.


MPS Urge Government To Tackle Transboundary Haze
Bernama 21 Oct 15;

KUALA LUMPUR, Oct 21 (Bernama) -- Several members of parliament (MPs) today urged the government to address the worsening transboundary haze issue.

Datuk Ikmal Hisham Abdul Aziz (BN-Tanah Merah) said Malaysia as ASEAN chair should force the Indonesian government to take serious action against plantation companies including from Malaysia, which were involved in open burning.

"Currently, the haze is still plaguing our country with some areas recording unhealthy reading. Until when will we need to breathe smoke and face this situation?" asked Ikmal Hisham.

He said this when debating the motion on haze raised by Hee Loy Sian (PKR-Petaling Jaya Selatan) at the Dewan Rakyat, today.

Ikmal Hisham said he believed that Malaysia was wise to use its diplomatic ties with Indonesia to find solutions and also to review heavier provisions of the law towards irresponsible parties and increase its enforcement efforts to combat open burning.

Ong Kian Ming (DAP-Serdang) said he hoped that the ministry involved would review the current air pollutant index (API) reading system to meet the current situation like what was being done in Singapore.

Mohd Hatta Md Ramli (Amanah-Kuala Krai) wanted the government to be resolute in facing the situation by finding the best approach to tackle the problem in view of haze also resulting in the closure of schools and airports.

Meanwhile, Natural Resources and Environment Minister Datuk Seri Dr Wan Junaidi Tuanku Jaafar when winding up debate the motion said Malaysia was serious about finding a permanent solution to the problem of transboundary haze.

Wan Junaidi said Malaysia was still discussing with the Indonesian government on drafting a memorandum of understanding (MoU) at the bilateral level to address the issue.

"Malaysia is serious about signing the MoU on haze with Indonesia but it has not been finalised by the Indonesian side.

"Malaysia wants to add two terms namely commitment and accountability to be more clearly strengthened to tackle transboundary haze and action can be taken if they failed to implement the MoU," he said.

Wan Junaidi also pointed out that the current API reading technology used in Malaysia was in accordance with the international standard protocol of the United States Environmental Protection Agency (USEPA).

The Dewan Rakyat sitting continues tomorrow.

-- BERNAMA


Malaysia’s proposed haze law may let Indonesia to shirk own duty, lawyers say
Today Online 23 Oct 15;

KUALA LUMPUR — Imposing a specific law here to punish companies responsible for haze-causing fires in Indonesia could backfire as it might detract from efforts to hold Jakarta accountable for the annual issue, lawyers have said.

While legal practitioners have no issue with introducing such a law, they warned that it would likely do little to push Indonesia to enforce its own laws and policies to manage the long-standing problem.

Lawyers for Liberty executive director Eric Paulsen said any law created to deal with the haze would only work if Indonesian authorities cooperate and get to the bottom of what causes the haze.

“Laws are not magic wands that can make haze disappear. It takes political will and political cooperation for the Indonesian authorities to stop the haze,” he told Malay Mail Online when contacted.

Bar Council Environment and Climate Change committee chairman Roger Chan said reactive statements by Putrajaya do little to solve the annual problem, especially with the lack of details as to what the law would do and a timeframe for it to be passed and enacted.

He said issues such as poverty, land ownership and sustainable development should be looked into, in addition to educating Indonesians to not resort to burning to clear pieces of land.

“Each time when there is an environmental problem faced in this country, people make grand announcements.

“The haze has affected millions of people... what is needed is a plan of action, we need to set a timeline,” he said.

Should Malaysia insist on adopting Singapore’s Transboundary Haze Pollution Act 2014, then it should impose harsher penalties with higher fines and possibly even jail time for company executives, Mr Chan said.

Singapore’s law allows its government to fine local or foreign companies US$100,000 (S$138,816) a day, up to a maximum of US$2 million for haze pollution in the country.

“If there are companies that are adamant, we can increase the threshold to up to US$5million to drive home the message,” Mr Chan said, adding that Malaysia can also consider taking Indonesia to an international tribunal seeking compensation or even a directive for the latter country to end the pollution.

Universiti Malaya law professor Dr Azmi Sharom noted that by prosecuting Malaysian companies found to have contributed to the haze, Putrajaya would build political clout to pressure Jakarta to take more substantial measures to deal with the issue.

This would at the same time put to good use the 2002 ASEAN Agreement on Transboundary Haze — which Dr Azmi said has not been very effective to date.

“Actually as a treaty, it is very weak but it does impose an obligation to assist one another with regards to exchange of information. So Indonesia, under the treaty would be obliged to help us prosecute our own people.

“We can also use this as pressure to ratify the treaty so they will be able to help us fight this thing together,” he said.

On Wednesday, Natural Resources and Environment Minister Dr Wan Junaidi Tuanku Jaafar told the Dewan Rakyat that the federal government is studying the possibility of a new law on transboundary haze passed by neighbouring Singapore to deal with the annual haze problem that has affected the region over the past two decades.

Schools in eights states were forced to close due to the haze for most of this week.

The haze blanketing Indonesia, Singapore and Malaysia is an annual affair that affects schools as well as airport operations, causing massive flight disruptions.

Indonesia’s recent admission that it cannot contain the fires within its borders led to projections that the haze could last for months. MALAY MAIL ONLINE