Sarawak for Sarawakians demands legal action over transboundary haze

Peter John Jaban (file photo)
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By DayakDaily Team

KUCHING, Sept 20: Sarawak-based advocacy group Sarawak for Sarawakians (S4S) has called on the Malaysian and Sarawak governments to pursue legal action over recurring transboundary haze.

Its chairman Peter John Jaban said Sarawakians had endured the health, economic and social consequences of haze from across the border for decades, while accountability remained elusive.

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“This cannot continue to be treated as a seasonal inconvenience,” he said in a statement today.

Peter John said Kuching and communities across Sarawak, particularly those along the border, had again been hit by choking haze, with the situation becoming severe enough to trigger emergency measures.

He was referring to the declaration of a state of emergency in Serian Division on Sept 4 after the Air Pollutant Index (API) exceeded 500 and reached hazardous levels.

He said the recurring haze had affected public health, schools, businesses, transportation, tourism and the quality of life of Sarawakians.

“Who will protect Sarawakians, and who will be held accountable for the damage caused by recurring transboundary haze?” he asked.

Peter John said while Indonesia was a sovereign nation and any action against another government must comply with international law and jurisdictional rules, this should not stop Malaysia and Sarawak from pursuing every available legal and diplomatic avenue.

Malaysia and Indonesia are both parties to the ASEAN Agreement on Transboundary Haze Pollution, which sets out obligations to prevent, monitor and control activities causing transboundary haze.

Peter John called on the Malaysian and Sarawak governments to demand stronger enforcement against those responsible for land and forest fires and formally raise Malaysia’s concerns with Indonesia through mechanisms under the agreement.

He also called for an independent assessment of the damage suffered by Sarawak, covering public health, the environment, economy and education.

Where sufficient evidence exists, he said legal action should also be explored against companies or other parties responsible for the fires.

“Seek appropriate compensation and remedies for communities and sectors that suffer demonstrable losses from recurring transboundary haze,” he said.

Peter John further demanded that the Sarawak government urgently pursue legal action against the Indonesian government, led by President Prabowo Subianto, and seek appropriate remedies through competent national, regional or international legal forums.

He stressed that any such action must be based on verified evidence and comply with international law, particularly rules governing jurisdiction and state responsibility.

“Sarawak must not remain a passive victim while its people continue to suffer preventable harm,” he said.

Peter John also pointed to legal action previously taken by Indigenous and civil-society groups in Kalimantan against Indonesian authorities over alleged failures to prevent and adequately respond to recurring forest and land fires.

He said the issue was not an attack on the Indonesian people, but a demand for accountability and stronger action to protect Sarawakians.

Peter John further said Malaysia and Indonesia must move beyond repeated statements of concern and cooperation and establish a clear and accountable mechanism to prevent the haze from returning year after year.

“Sarawak has been dealing with this problem for far too long.

“Our children breathe the air. Our communities suffer the consequences. Our government must protect us.

“The people of Sarawak deserve clean air,” he said. — DayakDaily

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