CASE STUDY OF TRANS-BUNDARY HAZEPOLLUTION IN ASEAN
COUNTRIESGroup members:Kyriacos G. Louca JrReality Mae S.
TaberneroGlaiza Cel C. OlisRELEVANT FACTSThe use of fires for land
clearing has become a big regional roblem in Southeast!sia "hen the
big#industrial alm oil lantation started oerating in $%&'s.
There "ere aseries of big fires in (ndonesia. )*ery dry season+
from !ril to !ugust+ (ndonesia emits
ato,ichazetoitso"nterritoryanditsneighbors+ eseciallyMalaysia+
Singaoreand-runei .arussalam. Most fires come fromconcession areas
of large lantation in(ndonesia. )conomicloss has beenaccountednot
onlyin(ndonesiabut alsotoitsneighboring countries+ Malaysia and
Singaore costing millions of /S dollars. (t is "orthnoting that the
use of fires is rohibited by !S)!0 1aze !greement and the
0!tionalLa"s of (ndonesia+ Malaysia andSingaore. 2or the last
3'years+ the (ndonesianGo*ernment failedtoenforceitsnational
la"tobringthecomanies"hoburntheirconcessions to 4ustice. (t is only
lately that the (ndonesian Go*ernment ha*e sho"n some5ind of
seriousness to rosecute comanies in*ol*ed in forest fires.
UESTIONS!ISSUES RAISED(. 6hat are the 5ind of legal actions that
can be used by the *ictim states to hold 7resource country8
resonsible9((. 6hat 5ind of 7ositi*e engagement#aroriate solution
can be :acceted; by(ndonesia and *ictim States to resol*e this
roblem9(((. 6hat lessons can be learnt from this case
study9DISCUSSION!ANALYSIS(.LEGAL ACTIONSTherearemanylegal actions
that canbeusedbythe*ictimstatestohold:resourcecountry8resonsible.
theobligations of thestates"hosignedthe!S)!0agreement on
transboundary haze ollution is thatoeration and co>ordination to
re*ent and monitor transboundary haze ollution as a result of land
and#orforest fires "hich should be mitigated.?. The =arties should
ta5e recautionary measures to anticiate+ re*ent and
monitortranboundaryhazeollutionas aresult of landand#or forest
fires "hichshouldbemitigated+ to minimise its ad*erse effects.
6here there are threats of serious orirre*ersible damage
fromtransboundaryhaze ollution+ e*en "ithout full
scientificcertainty+ recautionary measures shall be ta5en by=arties
concerned.@. The =arties should manage and use their natural
resources+ including forest andland resources+ in an ecologically
sound and sustainable manner.A. The =arties+ in addressing
transboundary haze ollution+ should in*ol*e+ asaroriate+ all
sta5eholders+ including local communities+
non>go*ernmentalorganisations+ farmers and ri*ate enterrises.
B!sean !greement on Transboundary hazeollution.
