Why Malaysia Says It Won’t Take Legal Action Against Indonesia Over Haze, Despite Visibility Falling Below 50 Metres

Malaysia will continue to pursue diplomatic and ASEAN channels to address the transboundary haze, while offering to help Indonesia fight the fires responsible for the worsening air pollution.

Cover ImageCover image via The Straits Times/AFP

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Malaysia will not issue a diplomatic note or pursue legal action against Indonesia over the ongoing transboundary haze for now, with Foreign Minister Datuk Seri Mohamad Hasan saying such measures should be considered only as a last resort

Mohamad said Malaysia would instead prioritise diplomatic discussions and regional cooperation to resolve the haze crisis without jeopardising bilateral relations, reported Bernama.

He also assured that ensuring the health and interests of Malaysians remains a priority.

"We have not reached that stage yet. It is easy to talk about taking legal enforcement action, but doing so would mean we were prepared to sever relations," he was quoted as saying.

He added that a diplomatic note was a last resort and that Malaysia had not reached the point where one was necessary.

Mohamad's remarks align with an earlier statement from Indonesia's Ministry of Foreign Affairs, with ministry spokesperson Yvonne Mewengkang revealing last month that the country has received no formal protest from any of its Southeast Asian neighbours over the transboundary haze.

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Datuk Seri Mohamad Hasan

Image via Berita Harian

Visibility has fallen below 50m as the haze hampers firefighting efforts

Mohamad said Malaysia was not standing idle over the persistent haze, adding that the government was pursuing a broader regional solution while remaining prepared to help Indonesia put out the fires.

He said he had instructed the Foreign Ministry's secretary-general to coordinate discussions on how Malaysia could assist Indonesia, with a coordination meeting expected to be held following the latest developments.

According to Mohamad, the Indonesian government is making concerted efforts to extinguish the fires, but the operation has faced significant challenges.

A Japanese assistance team had also been forced to withdraw because of difficulties accessing the affected fire sites.

"Our helicopters cannot operate either, as the haze is so thick that flying would be dangerous," he said.

He added that visibility had dropped to less than 50 metres, making it extremely dangerous for helicopters to operate.

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An aerial view shows thick smoke and haze from forest and land fires in the region of Palangkaraya, Central Kalimantan.

Image via Afan Anugerah/AFP

Meanwhile, Malaysia will raise the transboundary haze issue at upcoming ASEAN meetings

In a related development, Malaysia will submit a non-paper at the upcoming ASEAN Senior Officials' Meeting and ASEAN Foreign Ministers' Meeting to strengthen regional mechanisms for tackling transboundary haze.

Mohamad said the move would also seek to bring the issue under ASEAN's natural disasters framework, potentially strengthening regional responses and cooperation.

A non-paper is an informal document used in diplomacy to outline ideas or proposals for discussion without constituting a formal agreement or binding commitment.

The meetings are part of Malaysia's efforts to push for more effective regional mechanisms to address the recurring haze problem.

Previously, the media reported that Malaysia would raise the issue at the ASEAN Foreign Ministers' Meeting ahead of the 49th ASEAN Summit in Manila, the Philippines, next month.

The discussions are expected to focus on improving regional cooperation to address transboundary haze, which continues to affect countries across Southeast Asia.

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Malaysia's PETRONAS Twin Towers and commercial buildings are seen shrouded by haze in Kuala Lumpur.

Image via Mohd Rasfan/AFP
Earlier, Indonesia's top government communications official urged Malaysia and Singapore to understand that the country's forest fires are a natural phenomenon:
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