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ASEAN transboundary haze: Citizens leading where governments fail
In ASEAN, the gap between recognition and realization is most visible in communities affected by pollution, deforestation and climate disasters—where corporate impunity and weak oversight are the norm.
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Residents witness forest and land fires on July 30, 2024, in Tangkit, Muaro Jambi, Jambi. Local residents said that about five hectares of land in the area had been on fire. (Antara/Wahdi Septiawan)
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very dry season, Southeast Asia is blanketed in haze. Forest and peatland fires in Indonesia release toxic smoke that drifts across borders into Malaysia, Singapore and beyond—transforming a national disaster into a regional emergency.
Yet, two decades after ASEAN adopted the ASEAN Agreement on Transboundary Haze Pollution (AATHP), the region remains mired in weak enforcement, non-binding commitments and a lack of justice for those most affected.
In South Sumatra, 11 Indonesian haze victims, along with Greenpeace Indonesia, have filed a civil lawsuit against three companies whose concessions allegedly burned during the 2015, 2019 and 2023 fire seasons. The lawsuit demands compensation for health, economic and environmental damage, as well as ecosystem restoration.
More importantly, the legal action sends a powerful message: When governments fail, the people will hold polluters accountable.
This case invokes the strict liability principle under Article 88 of Indonesia’s Environmental Protection and Management Law No. 32/2009, which holds companies responsible for environmental damage on their concession areas—regardless of intent. Plaintiffs are not required to prove that the companies started the fires, only that the fires occurred on their land.
This is a sharp legal tool to challenge corporate impunity. The lawsuit also refers to Supreme Court Regulation No. 1/2023, which shifts the burden of proof to the companies in environmental cases.
But this story does not stop at Indonesia’s borders. Many companies involved in forest fires in Indonesia have financial, legal or operational ties to Malaysia and Singapore. A 2019 Greenpeace investigation found that several palm oil and pulpwood companies whose concessions burned were owned or financed by entities based in these neighboring countries.
