Tough for Sarawak to get compensation for haze problem

Sarawak is struggling to obtain compensation for the haze pollution emanating from Kalimantan, Indonesia. Legal experts assert that while compensation is a possibility, there are significant hurdles to overcome. Hazmi Rusli, an international law lecturer, notes that Sarawak lacks the legal standing to initiate a lawsuit against another sovereign nation at the International Court of Justice (ICJ.

Consequently, Sarawak would need to rely on the federal government to take legal action. Even then, there would need to be sufficient legal grounds and Indonesia's willingness to accept the ICJ's jurisdiction. The Asean Agreement on Transboundary Haze Pollution, of which Malaysia is a signatory, discourages legal action in favor of negotiation and consultation.

Sarawak activist Peter John Jaban has called for the state government to pursue legal action against Indonesia to address the recurring haze and its adverse effects on public health, the environment, economy, and education. Individuals in Indonesia can also file lawsuits against polluters, but this process is fraught with challenges.

Victims must prove their losses and link them to the responsible parties, which can be difficult. Indonesian courts may consider scientific evidence but have only rarely awarded compensation in similar cases. When legal action proves unfeasible, negotiation and consultation remain the only viable options. Indonesian international law professor Arie Afriansyah suggests that Malaysia could seek compensation directly from Indonesia through negotiation, but strong evidence linking the haze to Indonesia would be necessary, as Indonesia cannot be held responsible merely due to the source of the fires.

The ultimate responsibility lies with Indonesian authorities to prevent and control the fires and hold those accountable.