Indonesian wildfire haze hits neighbours for a month; experts see limited legal options

Smoke from wildfires in Indonesia has affected neighbouring countries for about a month. The Japan Times called the episode "monthlong". AFP, in a report published by Phys.org, said it has lasted "more than a month".

The haze has led to school closures. Respiratory complaints have risen sharply, and both outlets describe them as "skyrocketing". Neither gives figures. According to AFP, the affected countries are Malaysia and Singapore.

The reports do not say how many schools have closed, where or for how long. They do not give air-quality readings. They also do not say where in Indonesia the fires are burning, how large they are or what caused them.

Limited legal routes

According to AFP, some have suggested that Malaysia and Singapore take Indonesia to the International Court of Justice (ICJ). The report does not say who made these suggestions or whether either government is considering it.

AFP reported that the ICJ can hear a dispute only when the states involved have accepted its jurisdiction. This can happen through a special agreement, compatible declarations or a treaty clause. According to AFP, none of the three countries is a party to the 1979 Convention on Long-range Transboundary Air Pollution, a European-centred framework. All three are parties to the 2002 ASEAN Agreement on Transboundary Haze Pollution. That treaty is legally binding but has limited enforcement provisions and no clause on ICJ litigation.

Singapore passed a Transboundary Haze Pollution Act in 2014, after pollution reached hazardous levels in 2013, AFP reported. The law targets companies whose activities abroad cause or contribute to unhealthy haze in Singapore. Another haze episode followed in 2015. According to AFP, enforcement depended on foreign cooperation and shared hotspot maps. It also faced overlapping land rights and difficulty collecting fines from companies without a presence in Singapore. Singapore's investigations into four Indonesian companies over the 2015 haze remain open. AFP said they caused diplomatic tension with Jakarta at the time.

What each side says

Mohd Hazmi Mohd Rusli of Universiti Sains Islam Malaysia was quoted by AFP as saying: "The main issue is jurisdiction, as the ICJ generally requires the consent of both states." He said the ASEAN agreement does not provide "a mechanism for one member state to simply sue another". He favours "stronger ASEAN cooperation".

Azam Hawari of ClientEarth said individuals could try suing companies in Indonesian courts. He said he is not aware of such a case succeeding.

Alan Tan of the National University of Singapore said Singapore will likely wait for Indonesia to identify companies first. Otherwise, AFP quoted him as saying, action "would appear to the Indonesians to be unilateral".

The reports reviewed by Vocemundi include no statements from the governments of Indonesia, Malaysia or Singapore.

Analysis

The episode highlights a gap between the cross-border reach of haze and the tools available to address it. Experts cited by AFP describe a regional treaty without a litigation mechanism and an ICJ route that depends on Indonesia's consent, which those experts consider unlikely. Possible paths include closer ASEAN cooperation on monitoring and enforcement, private lawsuits in Indonesian courts, or renewed use of Singapore's 2014 law. Each faces evidence or political hurdles. Much depends on positions the three governments have not set out in the reports reviewed, and on whether the fires' causes are addressed.

Produced by the Vocemundi newsroom with AI assistance.