MINISTER of Natural Resources, Environment and Climate Change Nik Nazmi Nik Ahmad said it was difficult to enact a transboundary smog act as it entailed the cooperation of neighbouring countries.

“Among the constraints for us to have transboundary legislation is that it needs to be supported by location maps, coordinates, information on landowners and companies operating at the location of the fire. 

“So, if the neighbouring countries do not have willingness because this involves their sovereignty, then we will not be able to enforce the legislation,” he told parliament today. 

Nik Nazmi said Singapore had enacted the Transboundary Haze Pollution Act but claimed that he had yet to see the law enforced.

He was responding to Idris Ahmad (Bagan Serai-PN), who asked the minister to inform parliament of any act to hold neighbouring countries accountable for causing smog in Malaysia.

The Setiawangsa lawmaker said there was no specific legislation in Malaysia that could be enforced against companies or countries that caused transboundary air pollution. 

He said the government is practising diplomacy by negotiating the matter with the neighbouring countries. 

“Regarding the transboundary smog issue linked to open burning in Sumatra or Kalimantan – for now the government is taking a diplomatic approach and is of the view that negotiation is the better way for us to deal with this issue. 

“Transboundary air pollution cannot be solved by mere legislation or by finger-pointing. 

“We have to admit that apart from our own country, Indonesia has also improved their approach in dealing with burning in fields and peatlands recently, including the Presidential Decree, and several other actions that are different from their previous actions,” Nik Nazmi said. 

Nik Nazmi also said Malaysia is a signatory of the Asean Agreement on Transboundary Haze Pollution (AATHP). 

To ensure the smog situation in the country was not prolonged, Nik Nazmi said his ministry in collaboration with the Foreign Ministry had submitted a diplomatic note to the Indonesian government on October 6. 

“This is to inform of the smog situation in Malaysia and the country’s readiness to cooperate in immediately extinguishing operations in the affected areas,” he said. 

Niz Nazmi said there was a need to amend the AATHP, alleging that the current agreement did not allow punitive action to be taken against companies or countries that cause transboundary air pollution. – October 12, 2023.