Advocacy organizations petition ASEAN leaders for stricter regulations in their fight against ecological devastation
In the United Nations General Assembly of 2022, all ASEAN member states, excluding Cambodia, voted in favour of the right to a clean, healthy, and sustainable environment. However, the region is currently grappling with public outcry over transboundary air pollution, particularly from agricultural burning and industrial activities.
The ASEAN Agreement on Transboundary Haze Pollution (AATHP), signed in 2002 and ratified by seven members, is the only legally binding environmental accord in the region. However, its enforcement often lacks effectiveness, as it lacks provisions to penalize countries for non-compliance.
Asean Peoples Forum 2025 highlighted the urgent need for environmental justice in Southeast Asia, with civil society groups urging member states to enact stronger laws to hold businesses accountable for negative environmental impacts and human rights violations.
Advocates, such as Greenpeace, are calling for ASEAN to adopt a legally binding Environmental Rights Framework, which would provide a uniform standard across member states. There is also a push for a climate compact that includes targets for emissions reductions, control of deforestation, and adaptation measures linked to climate science.
Strengthening enforcement mechanisms is crucial, with calls for economic assistance and reputational sanctions to encourage compliance. Developed ASEAN members like Singapore and Malaysia could lead by providing technical assistance and green finance to lower-income members.
However, ASEAN's institutional weaknesses hinder the effectiveness of its environmental policies, making it difficult to enforce and implement commitments. The economic costs of inaction on climate change are mounting, with Southeast Asia projected to lose 11% of its GDP potential by 2100 if climate change is not addressed.
Malaysia, as the current ASEAN chair, is taking steps to address these issues. The Department of Environment in Malaysia has invited public feedback until 16 June on proposed amendments to the Environmental Quality Act 1974, which governs pollution control, environmental licensing, and enforcement mechanisms.
Transboundary pollution remains a significant issue in ASEAN. Gold and rare earth mining operations in Myanmar's Shan State are causing environmental contamination near the Thai border and the Kok River. Nearly 1.9 million hectares of forest have been cleared in Thailand to grow maize for animal feed in the past decade, leading to agricultural burning for maize farming in northern Thailand that has caused persistent transboundary haze for over 20 years.
Implementing strict "polluter pays" laws are crucial to hold transnational corporations accountable for the environmental damage they cause across borders. Kiu Jia Yaw, a sustainability lawyer and secretary of civil society coalition, Cerah Malaysia, emphasized the need for member states to enact domestic laws to hold their companies accountable for transboundary pollution.
Addressing the ASEAN Agreement on Transboundary Haze Pollution to close gaps in regional law, with countries needing to recognize environmental rights at the local level and have enforceable laws in place, is also essential. Transboundary water pollution from rare earth mining and recurring haze from agricultural burning are ongoing issues in ASEAN. Toxic heavy metals from these mining activities are accumulating in the environment and spreading downstream into the Mekong River Basin, threatening fish populations.
The right to a clean, healthy, and safe environment is increasingly being recognized in Southeast Asian countries, including Indonesia, the Philippines, and Vietnam. Malaysia is pushing for ASEAN to sign the Declaration on Environmental Rights this year, although it is not yet explicitly stated in the country's federal constitution.
In conclusion, ASEAN faces significant challenges in addressing its environmental issues, but there are opportunities for growth and change. The region must address its institutional weaknesses, strengthen its enforcement mechanisms, and adopt stronger environmental policies to ensure a sustainable future for its people and the environment.
- The ASEAN Agreement on Transboundary Haze Pollution (AATHP) needs improvement to bridge gaps in regional law, as countries should recognize environmental rights at the local level and have enforceable laws in place.
- Advocates, such as Greenpeace, are advocating for ASEAN to adopt a legally binding Environmental Rights Framework, which would provide a uniform standard across member states, and a climate compact that includes targets for emissions reductions, control of deforestation, and adaptation measures linked to climate science.
- Economic assistance and reputational sanctions can be crucial in strengthening enforcement mechanisms, with developed ASEAN members like Singapore and Malaysia playing a role by providing technical assistance and green finance to lower-income members.
- Transboundary pollution is still a significant issue in ASEAN, with environmental contamination caused by gold and rare earth mining operations in Myanmar's Shan State and nearly 1.9 million hectares of forest cleared in Thailand for maize cultivation in the past decade.
- Implementing strict "polluter pays" laws are necessary to hold transnational corporations accountable for the environmental damage they cause across borders, particularly in the context of agricultural burning for maize farming in northern Thailand.
- Addressing climate change is critical for ASEAN, as failure to act could result in a significant loss of GDP potential, with Southeast Asia projected to lose 11% of its GDP by 2100 if climate change is not addressed.
- Sustainability, climate change, biodiversity, and environmental justice are prominent issues in Southeast Asian politics, with civil society groups urging member states to enact stronger laws to hold businesses accountable for negative environmental impacts and human rights violations, and promote the SDGs, net zero carbon targets, and science-based policies in policy-and-legislation, environmental-science, and general-news discourse.
