Source Aliran

KUALA LUMPUR, Malaysia: A milestone for Malaysia has been reached with the Human Rights Commission of Malaysia (Suhakam) report that recognises environmental rights to a clean, healthy and safe environment as a basic human right.

 Greenpeace Malaysia welcomes the launch of the Suhakam report titled “Silent Enemy: Report on Haze Pollution and the Right to Clean Air” on Friday, 27 September, lays out six recommendations that come at a crucial and timely stage in Malaysia’s history as the upcoming Asean chair in 2025.

 The recommendations are set to address the gaps in the legal framework relating to the almost haze and other forms of air pollution. The first and most critical step is to enact a clean air act for Malaysia, that also includes mechanisms to stop transboundary haze once and for all. This report will be tabled by Suhakam in the next parliamentary sitting for debate.

 Greenpeace Southeast Asia regional campaign strategist Heng Kiah Chun welcomes Suhakam’s six recommendations.

 The proposed clean air act will provide the much-needed ‘framework’ law that will be important to address transboundary haze and various sources of air pollution in the country, including businesses and factories among others through mandatory adherence to globally recognised ambient air quality standards.

 It will also empower and require the government to hold citizens and businesses domiciled in Malaysia that contribute to transboundary air pollution to account through the Malaysian criminal and civil justice systems.

 Malaysia will be the Asean chair in 2025. Taking the lead at the Asean level to propose the development of a protocol to the Asean Agreement on Transboundary Haze Pollution to establish a legally binding commitment by each member state to enact domestic legislation to hold to account its citizens and corporations domiciled in its own jurisdiction for their contribution to land and forest fires is a good step.

 This will be useful to act as a deterrent and remove bad apples in the business industry, which can also provide legal grounds for each country to institutionalise checks and balances to ensure their own companies operate responsibly.

 Cerah vice-president and associate professor at the University of Malaya Dr Helena Varkkey added:

 We believe that access to clean air is a fundamental human right. This report emphasises the urgent need for comprehensive strategies to combat air pollution and haze, including stricter air quality regulations and governance structures at the national and regional levels.

 By working together with our allies like Suhakam and the broader Cerah coalition, we can create a healthier environment, especially for vulnerable communities that are most severely affected.

 Background

 Greenpeace Malaysia alongside the Cerah anti-haze action coalition filed a landmark complaint to Suhakam for a public inquiry into haze pollution as a human rights violation on 7 December 2021. This was followed up by a roundtable discussion, organised by Suhakam on 11 March 2022, to gather the diverse perspectives of subject matter experts, legal advisers and key stakeholders in order to develop concrete plans to address the issue of domestic and transboundary haze pollution.

 This has culminated in Suhakam’s launch of the ‘Silent Enemy’ report, which will be sent to Parliament within the year.