The Indonesian Constitution guarantees the right to a good and healthy environment to every person — Hafiz Hassan

OCTOBER 17 — Sanja Saranovic, deputy representative of Unicef Malaysia says every child has the right to breathe clean air. 

But it is not just the right of every child.

It is the right of every person.

Every person on the planet.

In a historic resolution on July 26, 2022, the United Nation General Assembly (UNGA) declared that everyone on the planet has a right to a healthy environment, including clean air, water, and a stable climate.

The resolution is not legally binding on the 193 UN member states.

But it “sends a message that nobody can take Nature, clean air and water, or a stable climate away from us – at least, not without a fight,” said Inger Andersen, Executive Director of the UN Environment Programme (UNEP). 

The UNGA resolution followed “a flurry of similar legal reforms at the international and national levels”, including the UN Human Rights Council’s declaration in April that year that access to a “clean, healthy and sustainable environment” is a human right.

At national levels, it is estimated that 92 countries, including Indonesia, have included a constitutional right to a healthy environment. — AFP pic

At national levels, it is estimated that 92 countries, including Indonesia, have included a constitutional right to a healthy environment. 

The republic constitutionalised the right to a “good and healthy environment” in 2000. Contained in Article 28H(1) of the Indonesian Constitution, the right reads as follows:

“Every person shall have the right to live in physical and spiritual prosperity, to have a home and to enjoy a good and healthy environment, and shall have the right to receive medical care.”

The Indonesian Constitution guarantees the right to a good and healthy environment to every person.

So, it is mind boggling that Indonesian Communications Agency head Syahganda Nainggolan, in pushing back against regional criticism over transboundary haze, should claim that Indonesia’s tropical rainforests are responsible for supplying oxygen to Malaysia and Singapore.

“We don’t just send smoke; when there is no smoke, we send oxygen.

“The oxygen in Singapore and Malaysia also comes from our forests,” he said. 

His remarks “We don’t just send smoke” arguably are not compatible with the republic’s constitutional guarantee to a good and healthy environment.

The guarantee is to and for every person.

Not just every citizen of the republic.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.