What's Happening?
The Association of Southeast Asian Nations (ASEAN) is facing criticism for its continued failure to effectively address transboundary haze pollution, 24 years after signing the Agreement on Transboundary Haze Pollution in 2002. Despite the agreement,
the coordinating center is not legally in force, no protocol has been adopted to strengthen implementation, and the regional Haze Fund relies on voluntary contributions. The target of a haze-free region by 2020 was missed. Recent episodes, such as fires in Indonesia, have led to Alert Level 3 warnings from the ASEAN Specialized Meteorological Centre, with Singapore and Kuala Lumpur experiencing very hazardous air pollution levels in October. Schools have closed, and daily life has been disrupted for residents. A new policy brief from Sunway University’s Centre for Planetary Health, 'No Harm Across Borders: An Accountability Agenda for ASEAN’s Air-pocalypse,' argues that ASEAN already possesses the necessary legal machinery but lacks the political will to utilize it. The principle of non-interference is often cited as an excuse, even though pollution crosses borders and harms neighboring states.
Why It's Important?
The persistent failure of ASEAN to tackle transboundary haze has significant implications for public health, economic stability, and regional cooperation. The recurring haze events lead to widespread health issues, including respiratory illnesses and premature deaths, with a lack of standardized health data obscuring the full human cost. Economically, businesses suffer income losses, and health services face increased pressure. The inability to hold polluters accountable, particularly large commercial interests, perpetuates the problem. The reliance on voluntary contributions for the Haze Fund and the absence of a legally enforced coordinating center highlight a systemic weakness in regional environmental governance. This situation undermines public trust in ASEAN's ability to address critical cross-border challenges and raises questions about the effectiveness of international agreements when political will is lacking. The issue also touches upon the principle of national sovereignty versus collective responsibility in addressing environmental harm that transcends national borders.
What's Next?
The next review of the Agreement on Transboundary Haze Pollution in 2028 presents an opportunity to strengthen its accountability provisions. However, there is no need to wait until then to implement measures such as formal requests for information, improved evidence-sharing, and building a more credible record of national performance. ASEAN could establish a public regional database combining satellite hotspot data with plantation concession boundaries and company ownership records to identify those responsible for fires. Cross-border enforcement could be enhanced by allowing agencies to exchange corporate registry information and evidence through an agreed regional mechanism. Furthermore, ASEAN should push for stronger standards of concession-wide liability, ensuring that businesses profiting from fire-prone operations bear a fair share of prevention and repair costs. The establishment of an implementation committee to examine national progress and publish findings, along with bringing the coordinating center into legal operation and securing predictable contributions for the Haze Fund, are crucial next steps.
Beyond the Headlines
The ongoing haze crisis in Southeast Asia exposes deeper issues within ASEAN regarding the balance between national sovereignty and collective responsibility, particularly in environmental matters. The principle of non-interference, while a cornerstone of ASEAN diplomacy, is being used to justify inaction on a problem with clear transboundary impacts. This raises ethical questions about a government's right to allow activities within its borders that cause significant harm to its neighbors. The situation also highlights the challenge of holding powerful corporate entities accountable, as they often benefit from practices that lead to environmental degradation. The lack of a robust, legally binding framework and consistent enforcement mechanisms allows for a cycle of blame and inaction. The International Court of Justice's advisory opinion in July 2025, affirming states' duty under international law to prevent significant environmental harm, underscores the legal and moral imperative for ASEAN member states to take their existing commitments seriously and move beyond diplomatic caution to concrete action.
