CONSTRAINED BY SOVEREIGNTY
Much of the haze affecting East Malaysia originates from fires in Indonesia. Here, Malaysia’s leverage is inherently constrained by sovereignty. Kuala Lumpur cannot send enforcement officers or firefighters into Indonesian territory without Jakarta’s consent, nor can the Association of Southeast Asian Nations (ASEAN) simply fine a member state because smoke has crossed a national boundary.
This is why Malaysia’s call for ASEAN to revisit its transboundary haze agreement is politically understandable but should be approached realistically. A stronger document is useful only if member states are prepared to implement it.
ASEAN’s traditions of consensus, consultation and non-interference will continue to place limits on any enforcement mechanism.
Malaysia nevertheless has diplomatic leverage that it can exercise.
The first is to regionalise the issue. The haze should not be framed merely as another Malaysia-Indonesia dispute. Singapore, Brunei and parts of Thailand can also be affected, while Indonesia itself suffers enormous health, environmental and economic losses from fires.
A coalition of affected ASEAN states would give the issue greater political weight without turning it into an anti-Indonesia campaign.
The second is transparency. Instead of simply asking Indonesia to “stop the haze”, Malaysia should press for systematic sharing of satellite hotspot data, concession information, investigation results and enforcement actions. The discussion then becomes less about exchanging accusations and more about establishing responsibility.
This is where corporate accountability becomes particularly important. If Malaysian-linked companies are found responsible for fires in Indonesia, Malaysia should investigate them rather than automatically defend them.
Jakarta should be encouraged to apply the same principle to companies under its jurisdiction. A government that demonstrates accountability at home is in a much stronger position to demand it from others.
