SHAH ALAM, Oct 7 — While Malaysia recognises the “polluter pays” principle under the ASEAN’s haze framework, no regional mechanism currently exists for countries to seek compensation for transboundary haze, Natural Resources and Environmental Sustainability Datuk Seri Arthur Joseph Kurup said.
Arthur said that any proposal to establish such a liability or compensation mechanism would require careful consideration of legal issues, how the source and responsible parties are determined, proof linking pollution to losses, damage assessment, and enforcement jurisdiction.
“The ‘polluter pays’ principle has been identified as one of the approaches that Asean member states can adopt at the national level under Strategy 6.5, the Monitoring and Evaluation (M&E) Framework for the Second ASEAN Haze-Free Roadmap (2023–2030).
“The strategy specifically calls on ASEAN member states to adopt and implement national policies, including the ‘polluter pays’ principle, to ensure that those responsible for pollution are held accountable under the laws and jurisdiction of the respective countries.
“However, the framework does not provide for a mechanism for countries to seek compensation from one another.
“If a claim is to be made separately against any party, it would require a legal basis, appropriate jurisdiction and strong evidence to establish the source, link the haze to the responsible party and prove the losses incurred,” he said in a Parliamentary written reply, dated October 7.
He said this in response to a question by Kuala Krau MP Kamal Ashaari regarding Malaysia’s position on a regional “polluter pays” mechanism for transboundary haze and whether the ASEAN Haze-Free 2030 target remains achievable.
According to Arthur, the ASEAN Agreement on Transboundary Haze Pollution (AATHP) is based on cooperation, information sharing, consultation, consensus, and collective action rather than punitive measures against its members.
He added that Malaysia remains optimistic about achieving the ASEAN Haze-Free 2030 vision, with an immediate focus on strengthening domestic laws to curb open burning, improving information sharing and enforcement cooperation, and fully implementing commitments under the AATHP.
“Progress towards achieving the vision needs to be assessed regularly based on measurable indicators, including hotspot trends, the extent of burned areas, the frequency and duration of transboundary haze episodes and air quality,” he said.
He said Malaysia would also continue using Asean platforms and bilateral ties with Indonesia to strengthen regional cooperation on haze prevention and response.
