Tough for Sarawak to get compensation for haze problem

Sarawak faces difficulties in obtaining compensation for the haze problem caused by open burning in Kalimantan, Indonesia. Legal experts highlight the challenges that Sarawak would encounter if it were to pursue legal action, both within and outside of the International Court of Justice (ICJ). The Asean Agreement on Transboundary Haze Pollution does not provide a legal route for member states to sue one another, which puts Sarawak in a grey area. Instead, Sarawak is encouraged to seek negotiation and consultation to resolve the issue.

However, there is another legal avenue that Sarawak can explore: filing a suit in Indonesian courts. Prischa Listiningrum of Universitas Brawijaya states that Malaysians can bring such a claim against companies allegedly responsible for the pollution under Indonesian environmental laws. Yet, providing evidence and linking losses to the company would be the most challenging part of the process.

Even if Sarawak chooses to pursue legal action, Indonesian courts would require strong evidence linking the haze to Indonesia and proof that Indonesian authorities have done enough to prevent and control the fires. Arie Afriansyah, an Indonesian international law professor, emphasizes that while private responsibility does not remove the government's duty to act, Indonesia would not automatically be held responsible simply because fires were started by individuals or companies on its soil.