Deputy minister Syed Ibrahim Syed Noh says Malaysia could introduce a transboundary haze law, but sufficient evidence would be crucial for prosecution.
KUALA LUMPUR: Identifying those responsible for transboundary haze and obtaining sufficient evidence to prosecute them would be major challenges in enforcing any proposed Malaysian law against cross-border pollution, the Dewan Rakyat was told today.
Deputy Natural Resources and Environmental Sustainability Minister Syed Ibrahim Syed Noh said Malaysia had the legislative authority to introduce such a law, but its effectiveness would depend on whether the necessary evidence could be obtained.
“The main challenge in enforcing such legislation is the ability to obtain sufficient evidence and identify the parties responsible.
“This includes obtaining information on the locations and coordinates of fire-affected areas, land ownership and the parties carrying out activities responsible for the haze pollution,” he said.
Syed Ibrahim was responding to Syahredzan Johan (PH-Bangi), who asked whether Malaysia would consider introducing a transboundary haze law and examine the enforcement challenges faced by Singapore, which enacted similar legislation in 2014.
He said there was no legal obstacle to Malaysia introducing such legislation if necessary, although its provisions and enforcement mechanisms would require careful consideration.
“Any legislation must have methods and mechanisms to ensure it is genuinely necessary, enforceable and ultimately capable of serving as a punitive measure through which penalties and legal action can be imposed,” he said.
Citing Singapore’s experience, Syed Ibrahim acknowledged that enforcing transboundary haze legislation remained challenging despite the existence of a dedicated law.
However, he said such legislation could act as a deterrent against activities contributing to cross-border pollution.
“I also believe that one of the functions of legislation is to instil fear among those involved in burning activities, particularly when their actions affect the health and well-being of people not only in their own country, but also in neighbouring countries and across Asean,” he said.
Earlier, in response to Datuk Iskandar Dzulkarnain Abdul Khalid (Independent-Kuala Kangsar), Syed Ibrahim said Malaysia and Indonesia were exploring a memorandum of understanding on environmental protection and climate change.
The proposed cooperation would cover forest and peatland fire prevention, hotspot data-sharing, the management of high-risk areas and the coordination of early intervention measures.
He said Indonesia had agreed to accept Malaysia’s assistance in tackling fires, including in Kalimantan and Sumatra, with deployment arrangements being coordinated through the Foreign Ministry, the National Disaster Management Agency (NADMA) and relevant agencies.
Syed Ibrahim said Malaysia had also proposed science diplomacy and the establishment of a sustainable haze fund at Asean level to strengthen evidence-based responses and expand financing for regional fire prevention efforts.
He stressed that diplomatic engagement should not mean accepting recurring haze without concrete action.
“We cannot take the view that diplomacy means remaining silent or accepting a situation that recurs every year. Diplomacy must produce measurable action, while enforcement must be based on evidence and the law,” he said.