A firefighter extinguishes a fire in a forest at Rambutan village, in Ogan Ilir, South Sumatra province, September 11, 2019. — AFP pic
“Malaysia and Indonesia are parties to the ASEAN Agreement on Transboundary Haze Pollution, whereby each state party are supposed to ensure that its neighbours are not harmed by pollution stemming within its territory. “However, only the General Assembly, Security Council or several other organs of the United Nations have the capacity to request the ICJ for an advisory opinion ― Malaysia therefore has to lobby for the same through these organs,” he said, noting that advisory opinions are not legally-binding but carry “great legal weight and moral authority”.
He also did not think the second scenario, that Indonesia would agree to letting the ICJ adjudge the haze issue, would happen. “Asean has always abided by a non-interference policy in almost every issue and prefer to solve problems through negotiations rather than taking a litigious approach,” he said.
Singapore’s Transboundary Haze Pollution Act outlines criminal offences of causing or contributing to haze in Singapore, with hefty fines against companies of up to S$100,000 for every day of the haze pollution coinciding with those actions, and that can go up to a total maximum aggregate of S$2 million.
“So this Act would provide for that. If that person enters Malaysia, we can arrest him. Or if that person is in Malaysia, then he would have committed an offence and we can arrest him. This includes decision-makers, not just the person who set the fire,” he said.
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