Malaysia’s Natural Resources and Environmental Sustainability Ministry has initiated a review to determine whether Malaysian companies can be held liable for fires they start abroad that contribute to the recurring haze problem in the country. The move aims to address the complex issue of transboundary haze pollution, which has long affected Malaysia’s air quality and public health.

Minister Datuk Seri Arthur Joseph Kurup has convened a multi-agency committee to explore mechanisms for better managing haze sources linked to Malaysian entities operating outside the country’s borders. The ministry is also examining Singapore’s transboundary haze legislation, which has been in place since 2014, although any domestic law in Malaysia is expected to require significant time to draft and enact.

The concept of holding Malaysian companies accountable for fires on foreign soil is not new. A 2020 study commissioned by the government and conducted by the Academy of Sciences Malaysia recommended enacting legislation targeting Malaysia-linked companies overseas, to ensure they do not evade responsibility simply because their plantations are outside Malaysia.

However, establishing legal liability presents notable challenges. While satellites can detect hotspots within plantation areas, this technology alone cannot conclusively prove who controls the land, how the fires started, or directly link those fires to haze experienced in Malaysia. Much of the pertinent evidence remains abroad and may be difficult to access due to jurisdictional limits.

Singapore has encountered these same hurdles. Following the severe haze event in 2015, its National Environment Agency issued preventive notices to six Indonesian companies suspected of contributing to the pollution, with only two responding. The agency also requested information from a Singapore-registered company. While these actions signaled governmental intent and placed companies on alert, they exemplify the gap between launching investigations and securing court-level proof of liability.

Any Malaysian legislation will need to navigate this divide carefully. Investigators must have clear authority to obtain information when companies have ties to Malaysia—such as parent companies, directors, records, or assets within the country—while ensuring fairness and accuracy in evidence gathering.

Experts emphasize that identifying a fire on a map should prompt inquiries rather than serve as direct proof of causation. Meanwhile, Malaysia can leverage the existing ASEAN Agreement on Transboundary Haze Pollution, which mandates member states to monitor fires, share relevant information, and collaborate on prevention efforts. The agreement encourages prompt responses when haze-affected nations request data or consultations from fire-origin countries, and it permits requests for firefighting assistance. However, it does not provide mechanisms to penalize foreign plantation companies.

The ministry has proposed enhancing transparency and data sharing on haze-related incidents across ASEAN to support such collaborative efforts. Improved access to concession records and fire information from neighbouring countries will be crucial; without it, any future Malaysian law may face enforcement obstacles similar to those encountered by Singapore.

Until new legislation is enacted, authorities are encouraged to fully utilize existing regional agreements to build a detailed record of cross-border fire activities. Addressing the haze problem promptly remains an urgent priority as the smoke continues to affect the nation’s environment and public health.