ASEAN Agreement on Transboundary Haze Pollution

Last updated

ASEAN Agreement on Transboundary Haze Pollution
Type Environmental protocol
Signed2002
Signatories
Depositary Secretary General of ASEAN
LanguageEnglish
The business district of Kuala Lumpur in the evening of 29 September 2006. Menara Kuala Lumpur was barely visible. HazyKlFromPNBDarbyParkHafiz.jpg
The business district of Kuala Lumpur in the evening of 29 September 2006. Menara Kuala Lumpur was barely visible.
Singapore's Downtown Core on 7 October 2006, when it was affected by forest fires in Sumatra, Indonesia Downtown Core, Singapore, Oct 06.JPG
Singapore's Downtown Core on 7 October 2006, when it was affected by forest fires in Sumatra, Indonesia
Satellite photograph of the 2006 haze above Borneo Borneo fires October 2006.jpg
Satellite photograph of the 2006 haze above Borneo
Severe haze affecting Ampang, Kuala Lumpur, Malaysia, in August 2005 HazeAmpangKualaLumpur.JPG
Severe haze affecting Ampang, Kuala Lumpur, Malaysia, in August 2005

The ASEAN Agreement on Transboundary Haze Pollution is a legally binding environmental agreement signed in 2002 by the member states of the Association of Southeast Asian Nations to reduce haze pollution in Southeast Asia. [1] The Agreement recognises that transboundary haze pollution which results from land and/or forest fires should be mitigated through concerted national efforts and international co-operation.

Contents

As of September 2014, all ten ASEAN countries have ratified the haze agreement. [2]

History

The agreement is a reaction to an environmental crisis that hit Southeast Asia in the late 1990s. The crisis was mainly caused by land clearing for agricultural uses via open burning on the Indonesian island of Sumatra. Satellite images confirmed the presence of hot spots throughout Kalimantan/Borneo, Sumatra, the Malay Peninsula and several other places, with an estimated 45,000 square kilometres of forest and land burnt. [3] Malaysia, Singapore and, to a certain extent, Thailand and Brunei were particularly badly affected.

The haze is nearly an annual occurrence in some ASEAN nations. Dangerous levels of haze usually coincide with the dry season [4] from June to September when the southwest monsoon is in progress. Southwest monsoon winds shift the haze from Sumatra, Indonesia towards the Malay Peninsula and Singapore, sometimes creating a thick haze that can last for weeks.

Negotiation history

The agreement was established in 2002, though has some foundation in a 1990 agreement made among ASEAN Ministers of Environment which called for efforts leading to the harmonization of transboundary pollution prevention and abatement practices. [5]

The treaty also builds on the 1995 ASEAN Cooperation Plan on Transboundary Pollution and the 1997 Regional Haze Action Plan. [5] This treaty is an attempt to bring the action plan into function.

Parties to the agreement

Member stateDate of ratification/approvalDate of deposit of
instrument of ratification/approval
with the Secretary-General of ASEAN
Flag of Malaysia.svg  Malaysia 3 December 200218 February 2003
Flag of Singapore.svg  Singapore 13 January 200314 January 2003
Flag of Brunei.svg  Brunei 27 February 200323 April 2003
Flag of Myanmar.svg  Myanmar 5 March 200317 March 2003
Flag of Vietnam.svg  Vietnam 24 March 200329 May 2003
Flag of Thailand.svg  Thailand 10 September 200326 September 2003
Flag of Laos.svg  Laos 19 December 200413 July 2005
Flag of Cambodia.svg  Cambodia 24 April 20069 November 2006
Flag of the Philippines.svg  Philippines 1 February 20104 March 2010
Flag of Indonesia.svg  Indonesia 16 September 201420 January 2015

Institutional structure

The agreement is managed by the Ministers of Environment and other representatives from the respective ASEAN countries. Meetings are coordinated under the ASEAN Socio-Cultural Community Council (ASCC), one of three councils, subsidiary to the ASEAN summit and its chair. [6]

Activities

The treaty calls for haze to be mitigated through concerted national efforts and intensified regional and international co-operation in the context of sustainable development. This is to be done through monitoring and prevention activities. [5]

Protocols

The official procedure or system of rules that informs this agreement is the 'ASEAN Way' set of region norms and codes of diplomatic conduct characterised by principles of non-interference, consultation, consensus, quiet diplomacy, symbolism, and organizational minimalism. [7]

Achievements

In October 2013 ASEAN leaders approved a joint haze monitoring system at a cost of US$100,000. [8] Additionally, Singapore has offered to start working directly with Indonesian farmers to encourage sustainable practices and minimise the problem over time by "tackling the haze issue at its root". Singapore has worked with farmers in this way in Indonesia's Jambi province in the past. [9]

Shortcomings

Indonesia, as the primary haze producing party to the problem, [3] was the last ASEAN country to ratify the agreement in 2014, 12 years after it was first signed in 2002. [10] Concerns remain over the ability of the Indonesian government to monitor and effect changes to the problem.

The treaty failed to prevent the annual return of the haze between 2004 and 2010, and again in 2013, 2014 and 2015. Recently Indonesia has been placed as the world's third largest greenhouse gas emitter with 75% of its emissions stemming from deforestation. [11]

Key debates in literature and policy community

The 'haze treaty' is accused of being vague and lacking enforcement mechanisms or strong instruments for dispute-resolution. [12] However, ASEAN has clearly tried to depart from its institutional culture in attempt to achieve deeper co-operation on this issue. This is evident in that this is a legally binding treaty, something ASEAN has vehemently opposed in the past. [13]

The treaty is ill-served by the ASEAN style of regional engagement which adamantly protects national sovereignty. The result is that states are compelled to act in their own self-interest rather than regional interests. Additionally, the close relationships between key economic actors and political elites have meant maintenance of the status quo. [14]

In 2014, Singapore enacted the Transboundary Haze Pollution Act to penalize emissions that cause harm across national boundaries.

See also

Related Research Articles

<span class="mw-page-title-main">ASEAN</span> International organization of Southeast Asian countries

ASEAN, officially an abbreviation of the Association of Southeast Asian Nations, is a political and economic union of 10 member states in Southeast Asia. It has a population of over 600 million and covers an area of 4.5 million km2 (1.7 million sq mi). ASEAN generated a purchasing power parity (PPP) gross domestic product (GDP) of around US$10.2 trillion in 2022, constituting approximately 6.5% of global GDP (PPP).

<span class="mw-page-title-main">Haze</span> Dry particulates obscuring clarity of the sky

Haze is traditionally an atmospheric phenomenon in which dust, smoke, and other dry particulates suspended in air obscure visibility and the clarity of the sky. The World Meteorological Organization manual of codes includes a classification of particulates causing horizontal obscuration into categories of fog, ice fog, steam fog, mist, haze, smoke, volcanic ash, dust, sand, and snow. Sources for particles that cause haze include farming, traffic, industry, windy weather, volcanic activity and wildfires. Seen from afar and depending on the direction of view with respect to the Sun, haze may appear brownish or bluish, while mist tends to be bluish grey instead. Whereas haze often is considered a phenomenon occurring in dry air, mist formation is a phenomenon in saturated, humid air. However, haze particles may act as condensation nuclei that leads to the subsequent vapor condensation and formation of mist droplets; such forms of haze are known as "wet haze".

<span class="mw-page-title-main">Environmental issues in Indonesia</span>

Environmental issues in Indonesia are associated with the country's high population density and rapid industrialisation, and they are often given a lower priority due to high poverty levels, and an under-resourced governance.

<span class="mw-page-title-main">2006 Southeast Asian haze</span> Haze over the Southeast Asia region in mid-2006

The 2006 Southeast Asian haze was an air pollution event caused by continuous, uncontrolled burning from "slash and burn" cultivation in Indonesia, which affected several countries in the Southeast Asian region and beyond, including Malaysia, Singapore, southern Thailand, and as far away as Saipan; the effects of the haze may have even spread to South Korea. Local sources of industrial pollution also, inadvertently, contributed to increases in air toxicity ; notably at-risk areas included communities close to textile factories, fertilizer plants, meat-packing plants, industrialised dairy farms, shipping ports, and oil refineries. Air quality was lower, overall, for residents of more densely-populated cities. In the highly urban and industrialised Klang Valley of Malaysia, in particular, the surrounding elevated terrain acted as a natural retainer of polluted air, aggravating the situation as the haze set in.

<span class="mw-page-title-main">1997 Southeast Asian haze</span> Haze over the Southeast Asia region in mid-1997

The 1997 Southeast Asian haze was an international air pollution disaster that occurred during the second half of 1997, its after-effects causing widespread atmospheric visibility and health problems within Southeast Asia. Considered the most severe Southeast Asian haze event of all time, the total costs of the 1997 haze are estimated at US$9 billion, due mainly to health care and disruption of air travel and business activities.

<span class="mw-page-title-main">Southeast Asian haze</span> Fire-related air pollution issue

The Southeast Asian haze is a fire-related recurrent transboundary air pollution issue. Haze events, where air quality reaches hazardous levels due to high concentrations of airborne particulate matter from burning biomass, have caused adverse health, environmental and economic impacts in several countries in Southeast Asia. Caused primarily by slash-and-burn land clearing, the problem flares up every dry season to varying degrees and generally is worst between July and October and during El Niño events. Transboundary haze in Southeast Asia has been recorded since 1972 with the 1997 and 2015 events being particularly severe.

<span class="mw-page-title-main">1997 Indonesian forest fires</span>

The 1997 group of forest fires in Indonesia that lasted well into 1998 were probably among the two or three, if not the largest, forest fires group in the last two centuries of recorded history.

<span class="mw-page-title-main">2009 Southeast Asian haze</span> Haze over the Southeast Asia region in mid-2009

The 2009 Southeast Asian haze was an episode of large scale air pollution primarily caused by slash and burn practices used to clear land for agricultural purposes in Sumatra, Indonesia. It affected the areas surrounding the Straits of Malacca which besides Indonesia include Malaysia and Singapore.

<span class="mw-page-title-main">Air pollution in Malaysia</span>

Air pollution has been an ongoing problem in many countries in the Southeast Asia region, and Malaysia is one of the worst affected. Haze has been a major issue for the country, driven by slash and burn practices by farmers and peat fires blown by the wind from Indonesia.

ASEAN Heritage Parks (AHP) are selected protected areas in the ASEAN region that are known for their unique biodiversity and ecosystems, wilderness and outstanding values in scenic, cultural, educational, research, recreational and tourism. Its vision is "An ASEAN region whose biological is conserved, sustainably managed and used, and equitably shared for the well-being of its peoples." The ASEAN Centre for Biodiversity (ACB) in the Philippines serves as the secretariat of the ASEAN Heritage Parks Programme.

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<span class="mw-page-title-main">Indonesia–Singapore relations</span> Bilateral relations

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<span class="mw-page-title-main">2013 Southeast Asian haze</span> Haze over the Southeast Asia region in mid-2013

The 2013 Southeast Asian haze was a haze crisis that affected several countries in Southeast Asia, including Brunei, Indonesia, Malaysia, Singapore and Southern Thailand, mainly during June and July 2013. The haze period was caused by large-scale burning in many parts of Sumatra and Borneo. Satellite imagery from NASA's Terra and Aqua satellites showed that the haze was mainly due to smoke from fires burning in Riau province, Indonesia.

<span class="mw-page-title-main">2015 Southeast Asian haze</span> Haze over the Southeast Asia region in mid-2015

The 2015 Southeast Asian haze was an air pollution crisis affecting several countries in Southeast Asia, including Brunei, Indonesia, Malaysia, Singapore, southern Thailand, Vietnam, Cambodia and the Philippines.

<span class="mw-page-title-main">Transboundary Haze Pollution Act 2014</span> Statute of the Parliament of Singapore

The Transboundary Haze Pollution Act 2014 (THPA) is a statute of the Parliament of Singapore that criminalizes conduct which causes or contributes to haze pollution in Singapore, and to provide for related matters such as deterrence. The law is designed specifically to allow legal in suing companies for environmental pollution.

<span class="mw-page-title-main">2016 Southeast Asian haze</span> Haze over the Southeast Asia region in mid-2016

The 2016 Southeast Asian Haze was a transnational haze crisis which is a recurring problem with transboundary air pollution brought on by fires. The 2016 haze that took place affected several countries in Southeast Asia, including Indonesia, Malaysia and Singapore. It brought negative effects towards the environment and brought an impact on people's health and the economy.

<span class="mw-page-title-main">People's Movement to Stop Haze</span>

People's Movement to Stop Haze (PM.Haze) is a non-governmental organisation based in Singapore. It was founded in 2014 in response to the 2013 Southeast Asian haze, which has been recognised as one of the most serious haze episodes in over 16 years. PM.Haze started its work with an investigative research project to fire-prone areas in Riau Province, Indonesia and identified peatland degradation due to mismanagement of concession lands by irresponsible companies as the fundamental cause of the fires in the areas and the resulting transboundary haze pollution. In 2016, it became registered as a society. In 2017, it underwent a rebranding exercise and adopted a new logo to symbolise a constant flow for fresh, clean air with an arrow pointed upward to represent constructive action towards this. PM.Haze was mentioned by Minister for the Environment and Water Resources Masagos Zulkifli as he delivered Singapore's national statement at the United Nations Environment Assembly in Nairobi in December 2017.

<span class="mw-page-title-main">2010 Southeast Asian haze</span> Haze over the Southeast Asia region in mid-2010

The 2010 Southeast Asian haze was an air pollution crisis which affected many Southeast Asia countries such as Indonesia, Malaysia and Singapore during the month of October in 2010.

<span class="mw-page-title-main">2019 Southeast Asian haze</span> Haze over the Southeast Asia region in mid-2019

A trans-national air pollution crisis affected several countries in Southeast Asia from February to September 2019, including Brunei, Indonesia, Malaysia, the Philippines, Singapore, Thailand, and Vietnam.

References

  1. ASEAN Secretariat. ASEAN Agreement on Transboundary Haze Pollution Archived 3 June 2021 at the Wayback Machine . Extracted 12 October 2006
  2. Indonesia Ministry of Environment. Archived 20 September 2015 at the Wayback Machine . Extracted 23 September 2014
  3. 1 2 Global Fire Monitoring Center. The 1997-98 Air Pollution Episode in Southeast Asia Generated by Vegetation Fires in Indonesia Archived 5 February 2012 at the Wayback Machine . Extracted 7 February 2014
  4. Jakarta Globe. The 1997-98 Riau Haze Back Again as Dry Season Sets In Archived 6 February 2014 at the Wayback Machine . Extracted 7 February 2014
  5. 1 2 3 ASEAN Haze Action Online. (p.1) Agreement Text Archived 3 June 2021 at the Wayback Machine . Extracted 7 February 2014
  6. Asia One News. Chan Chun Sing to attend Asean Socio-Cultural Community council meeting Archived 23 February 2014 at the Wayback Machine . Extracted 7 February 2014
  7. Nguitragool, Paruedee. "Negotiating the Haze Treaty: Rationality and Institutions in the Negotiations for the ASEAN Agreement on Transboundary Haze Pollution (2002)." Asian Survey, 2011: 356-378. 356.
  8. Straits Times. Asean leaders approve haze monitoring system. Extracted 7 February 2014
  9. Straits Times. Singapore willing to work with Indonesia, Malaysia to tackle causes of haze. Extracted 7 February 2014
  10. "Indonesia finally ratifies the ASEAN agreement on transboundary haze pollution". The Establishment Post. Archived from the original on 24 September 2015. Retrieved 1 September 2015.
  11. Time World. The Southeast Asian Haze Is Back and Worse May Follow. Extracted 7 February 2014
  12. Nguitragool, Paruedee. "Negotiating the Haze Treaty: Rationality and Institutions in the Negotiations for the ASEAN Agreement on Transboundary Haze Pollution (2002)." Asian Survey, 2011: 356-378. 357.
  13. Nguitragool, Paruedee. "Negotiating the Haze Treaty: Rationality and Institutions in the Negotiations for the ASEAN Agreement on Transboundary Haze Pollution (2002)." Asian Survey, 2011: 356-378. 358.
  14. Varkkey, Helena Muhamad. "The Asean Way and Haze Mitigation Efforts." Journal of International Studies, 2012: 1823-691X. 77.