Malaysia must table transboundary haze law without delay, says lawyer

KUALA LUMPUR: The government must treat the prolonged haze as a public health emergency, with a lawyer calling for tougher enforcement against open burning and the long-delayed transboundary haze law.

Vivekananda Sukumaran said the government must move beyond diplomatic engagements and cloud seeding to protect Malaysians from worsening air pollution, particularly children, the elderly and people with heart and lung conditions.

"This is not a weather story. It is a public health crisis," Bar Council Criminal Law Committee chairman said in a statement today.

He cited Health Ministry surveillance figures showing that asthma cases had increased by 259 per cent and upper respiratory tract infections by 124 per cent in a single week in August.

He said Prime Minister Datuk Seri Anwar Ibrahim's telephone call to Indonesian President Prabowo Subianto and more frequent cloud seeding were welcome, but insufficient without a comprehensive public health response.

He also commended His Majesty Sultan Ibrahim, the King of Malaysia, and Johor Regent Tunku Mahkota Ismail for calling for school closures to protect pupils from prolonged exposure to unhealthy air.

The Education Ministry later lowered the school closure threshold from an Air Pollutant Index (API) reading of 200 to above 180, and to above 150 if readings persisted for three consecutive days.

Vivekananda said the move raised questions about why the previous threshold had remained in place despite prolonged haze affecting several parts of the country.

He called on the government to make the revised thresholds permanent and use Malaysia's MyCMAQ air quality forecasting model to close schools before pupils were exposed to dangerous pollution levels.

He also proposed providing free N95 masks to vulnerable groups, installing air purifiers in classrooms in badly affected districts, and issuing federal guidelines on outdoor work and flexible working hours.

Vivekananda called on the government to table a Transboundary Haze Pollution Bill without further delay, saying it should provide for criminal and civil liability for companies responsible for haze affecting Malaysia, including parent companies and directors.

He said a transboundary haze law had been under consideration since 2018, but the government was still studying Singapore's legislative model.

He cited Singapore's Transboundary Haze Pollution Act, Indonesia's action against companies linked to fires and Thailand's efforts to address air pollution as examples that could inform Malaysia's response.

He also urged Malaysia to use upcoming Asean engagements to push for enforceable regional commitments, a fully operational haze coordinating centre and traceable supply chains.

"There is little quality in air that sends children to clinics and keeps them out of school," he said.

Vivekananda warned that the haze threat could persist, with dry conditions expected to continue until the middle of next year.