Evidence hurdles in holding firms accountable for overseas haze - deputy minister

PARLIAMENT | Malaysia faces hurdles in holding Malaysian companies accountable for fires or haze linked to their operations overseas.

Natural Resources and Environmental Sustainability Deputy Minister Syed Ibrahim Syed Noh told the Dewan Rakyat special chamber today that the government had assessed the feasibility of enacting a Transboundary Haze Act.

He was responding to Dr Kelvin Yii (PH-Bandar Kuching), who called for the law to be enacted.

Syed Ibrahim said the ministry had examined several aspects of the proposal, including evidentiary requirements, enforcement jurisdiction, and potential diplomatic implications for relations with neighbouring countries.

The main obstacle, he said, was obtaining sufficient evidence to establish the source of pollution and identify those responsible.

“This includes obtaining information on the locations and coordinates of fire hotspots, land ownership, parties conducting activities in the affected areas, as well as evidence linking the fires to haze pollution experienced in Malaysia.

“Such information typically involves issues of confidentiality and the sovereignty of the countries concerned,” he said.

No confirmed company links

Yii (below) also asked whether Malaysia was prepared to use its trade leverage against companies operating beyond its jurisdiction.

Syed Ibrahim said his ministry had yet to receive official confirmation from the Foreign Ministry and the Plantation and Commodities Ministry regarding Malaysian companies allegedly linked to fires in Indonesia.

“Most of the fires in Kalimantan are caused by farmers, as burning is part of their traditional practices. This is actually a much bigger cause than the allegations involving these companies,” he said.

However, if the allegations were substantiated, the government could consider summoning Malaysian companies operating in Indonesia and issuing them a stern warning, he added.

Earlier proposal dropped

Malaysia mooted legislation to tackle transboundary haze in 2019, under the Pakatan Harapan administration. The proposed law would have allowed Malaysian companies to be prosecuted for haze-causing activities in other countries.

However, the Perikatan Nasional administration dropped the proposal after taking over in 2020, citing Singapore’s experience and legal feedback, including from the Attorney-General’s Chambers.

Then environment and water minister Tuan Ibrahim Tuan Man raised similar concerns about the difficulty of obtaining evidence from countries where fires occurred. He also said the government did not want a “cosmetic” solution to the perennial haze problem.

His predecessor, Yeo Bee Yin, criticised the decision, arguing that Malaysia should address weaknesses in Singapore’s approach rather than abandon its own proposed legislation.

The haze that has returned over the past two months has renewed calls for a transboundary haze law.

Greenpeace Malaysia campaign manager Heng Kiah Chun said in a joint statement last week that the legislation could not remain on the drawing board while communities continued to suffer the health consequences of haze year after year.

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