The launch of Malaysian Human Rights Commission (SUHAKAM)’s report “Silent Enemy: Report on Haze Pollution and the Right to Clean Air” in September represented a pivotal milestone in the progression of rights for all Malaysians, specifically concerning their right to clean air within a safe, healthy, and sustainable environment.
Although Malaysia does not undergo the traditional four seasons, its climate is delineated into distinct periods by its inhabitants: the dry season, the rainy season, the haze period, and the durian season. The haze, originating from both domestic and transboundary sources, has intensified to such an extent that it is considered a separate season due to its substantial impact on daily life and air quality.
Domestically, haze pollution is attributed to land use changes that cause peatland combustion and various anthropogenic activities. Significant incidents have been reported in the Kuala Langat Forest Reserve; Pekan, Pahang; and in Miri, Sarawak.
Regionally, the cause of transboundary haze pollution is largely attributed to seasonal fires in Indonesia, primarily originating from the agricultural sectors involved in oil palm and pulpwood production, which extensively exploit peatlands.
Journey of the report’s creation
On December 7, 2021, during the International Human Rights Week, the CERAH Coalition — a broad alliance of civil society organizations (CSOs) — submitted a comprehensive complaint regarding haze pollution and the right to clean air to SUHAKAM.
The CERAH Coalition included Greenpeace Malaysia, Sahabat Alam Malaysia, Klima Action Malaysia, Pertubuhan Pelindung Khazanah Alam Malaysia, and Suara Rakyat Malaysia, among others.
The complaint provided the Commission with an opportunity to convene a roundtable discussion on March 11, 2022. This event focused on elucidating the root causes of haze pollution arising from agricultural practices, land use changes, peatland management, and meteorological factors. It assessed the impacts on economic, health, and environmental aspects.
The results served as a foundation for a thorough investigation into fundamental deficiencies within existing Malaysian and regional legal frameworks that impeded access to justice and information, public participation, and governance. The roundtable discussion advocated for protecting society’s human rights to a safe, clean, and healthy environment, free from air pollution through an extensive exchange of solution-oriented ideas.
SUHAKAM officially adopted the recommendations proposed by the CERAH Coalition and subsequently released the report on September 27, 2024. The Commission articulated the following recommendations within this document.
Principal highlights of the six recommendations issued by SUHAKAM. Photo Credit: AnnJil Chong
Responses from community affected by air pollution
Zederick, a resident of Port Dickson, faced air pollution challenges from the fossil fuel industry. He struggled with the current refinery regulations on decimal count and smoke intensity on the rating scale. These numerical thresholds were often surpassed, yet enforcing these regulations proved to be a formidable task.
He mentioned that when complaints were lodged, officers from the Department of Environment (DoE) responded but faced limitations due to insufficient manpower. This shortage hindered their ability to deploy the necessary equipment or meters to detect violations independently. Consequently, enforcement remained a formidable challenge due to these staffing constraints.
Sharon, from the same community as Zederick, addressed the disconnect between the plan, the laws, and the reality faced by local communities. She highlighted that haze typically occurs every two years, and the affected zones persisted even when haze was absent. However, during haze periods, these zones expanded to cover the entire nation.
An effective strategy the community identified involved collecting visual evidence of air pollution. Using widely accessible and cost-effective CCTVs proved particularly beneficial. This approach is essential for facilitating communication between authorities, enforcement agencies, and policymakers.
She asked: “Is there a way in the (report’s) provisions or recommendations to include technologies (that have the potential) to close the feedback gap between local reality, plans, and policies?”
Zederick (right) and Sharon expressed their concerns and suggestions regarding the air pollution attributed to the fossil fuel industry. Photo Credit: SUHAKAM
Since 2018, as a grassroots activist and resident of Kuala Langat, Pua Lay Peng has observed firsthand the significant pollution from the waste trade, a pressing human rights issue. Firstly, numerous instances have demonstrated that this industry is rife with labor exploitation. Secondly, following China’s prohibition on all imported waste, over 50 percent of such materials — including plastic and paper — are now redirected to Malaysia.
In Kuala Langat, three large recycling companies are set to process over seven million tons of paper waste annually. Despite being seen as economic growth, the local environment, particularly the air, is suffering. The community installed air monitoring devices, and sometimes the data was alarmingly severe.
At night, within a few hours, PM 2.5 levels could reach 100 and occasionally spike to 800 or 1,000. A key indicator of air quality is the amount of PM 2.5 in the air. PM stands for particulate matter and the 2.5 refers to size in micrometers.
Pua emphasized that this situation resembled another transboundary issue, plastic pollution affecting Malaysia’s air quality, which is an ongoing and extremely serious long-term concern.
She said: “During (the) colonial period, Malaysia lost a lot of its natural resources to developed countries. Today, we are losing our future, our life, and our environment because we accept waste coming to Malaysia.”
“Thailand has already announced it will ban the import of plastic waste starting in 2025. When will our (own) country, Malaysia, (have its) turn?” she asked.
Pua has been experiencing air pollution emanating from an unauthorized plastic waste facility. Photo Credit: SUHAKAM
Gunasekaran, a resident of Kedah state, said: “I filed two police reports during the haze. The first was during Prime Minister Dato Sri Najib Tun Razak’s tenure, and the second during Tun Dr. Mahathir’s time.”
“Despite these reports, the Malaysian government took no action against Indonesia. I was informed that the haze originated from Indonesia at that time.
“I am neither an ADUN (state legislative assembly representative) nor a parliament member, just an ordinary man and a small businessman. Even with all the evidence in hand, I still felt sad because nobody supported me. Why doesn’t the Malaysian government take action against Indonesia or issue a court summons to them?”
In the future, it is anticipated that the affected communities will look to the CERAH Coalition and SUHAKAM to establish a supportive platform. Such an initiative would facilitate collaboration between these communities and CSOs in developing a comprehensive framework to address their distinct challenges.
Using the SUHAKAM report, the stakeholders aim to initiate Malaysia’s inaugural court case on air pollution, striving for justice and restitution for all those adversely affected.
Top photo credit: SUHAKAM. The official launch of “Silent Enemy: Report on Haze Pollution and the Right to Clean Air” was scheduled in September at the Sheraton Imperial Kuala Lumpur Hotel.
