View source for ASEAN Agreement on Transboundary Haze Pollution

{{short description|ASEAN environment agreement}}
{{EngvarB|date=September 2015}}
{{Use dmy dates|date=September 2015}}

{{Infobox treaty
| name                 = ASEAN Agreement on Transboundary Haze Pollution
| long_name            = 
| image                = <!-- Example.png -->
| image_width          = <!-- 200px -->
| image_alt            = <!-- alt-text here for accessibility; see [[MOS:ACCESS]] -->
| caption              = <!-- Example caption for either image style -->
| type                 = [[Environmental protocol]]
| context              = 
| date_drafted         = 
| date_signed          = 2002
| location_signed      = 
| date_sealed          = 
| date_effective       =
| condition_effective  = 
| date_expiration      = <!-- {{End date|YYYY|MM|DD}} OR: -->
| date_expiry          = <!-- {{End date|YYYY|MM|DD}} -->
| mediators            = <!-- format this as a bullet list -->
| negotiators          = <!-- format this as a bullet list -->
| original_signatories = <!-- format this as a bullet list -->
| signatories          =
* All [[ASEAN]] member states
| parties              = <!-- format this as a bullet list -->
| ratifiers            = <!-- format this as a bullet list -->
| depositor            = [[Secretary General of the Association of Southeast Asian Nations|Secretary General of ASEAN]]
| citations            = <!-- format as XX [[Article on Treaty Series|TS]] YYY -->
| language             = English
| wikisource           = <!-- OR: -->
| wikisource1          = <!-- Up to 5 wikisourceN variables may be specified -->
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}}

[[Image:HazyKlFromPNBDarbyParkHafiz.jpg|thumb|right|250px|The business district of Kuala Lumpur in the evening of 29 September 2006. [[Menara Kuala Lumpur]] was barely visible.]]
{{Southeast Asian haze series}}
[[Image:Downtown Core, Singapore, Oct 06.JPG|thumb|right|250px|[[Singapore]]'s [[Downtown Core]] on 7 October 2006, when it was affected by [[wildfire|forest fires]] in [[Sumatra]], [[Indonesia]]]]
[[Image:Borneo fires October 2006.jpg|thumb|right|250px|Satellite photograph of the 2006 haze above [[Borneo]]]]
[[Image:HazeAmpangKualaLumpur.JPG|thumb|right|250px|Severe haze affecting Ampang, [[Kuala Lumpur]], Malaysia, in August 2005]]

The '''ASEAN Agreement on Transboundary Haze Pollution''' is a legally binding [[environmental agreement]] signed in 2002 by the member states of the [[Association of Southeast Asian Nations]] to reduce [[haze]] [[pollution]] in [[Southeast Asia]].<ref>ASEAN Secretariat. [http://haze.asean.org/?wpfb_dl=32 ASEAN Agreement on Transboundary Haze Pollution] {{Webarchive|url=https://web.archive.org/web/20210603093004/https://haze.asean.org/?wpfb_dl=32 |date=3 June 2021 }}. Extracted 12 October 2006</ref> The Agreement recognises that transboundary haze pollution which results from land and/or forest fires should be mitigated through concerted national efforts and international co-operation.

As of September 2014, all ten ASEAN countries have ratified the haze agreement.<ref>Indonesia Ministry of Environment.[http://www.menlh.go.id/indonesia-meratifikasi-undang-undang-tentang-pengesahan-asean-agreement-on-transboundary-haze-pollution-persetujuan-asean-tentang-pencemaran-asap-lintas-batas/] {{Webarchive|url=https://web.archive.org/web/20150920063146/http://www.menlh.go.id/indonesia-meratifikasi-undang-undang-tentang-pengesahan-asean-agreement-on-transboundary-haze-pollution-persetujuan-asean-tentang-pencemaran-asap-lintas-batas/|date=20 September 2015}}. Extracted 23 September 2014</ref>

==History==
The agreement is a reaction to an [[1997 Southeast Asian haze|environmental crisis that hit Southeast Asia in the late 1990s]]. The crisis was mainly caused by land clearing for agricultural uses via open burning on the [[Indonesia]]n island of [[Sumatra]]. Satellite images confirmed the presence of hot spots throughout [[Kalimantan]]/[[Borneo]], Sumatra, the [[Malay Peninsula]] and several other places, with an estimated 45,000 square kilometres of forest and land burnt.<ref name="fire.uni-freiburg.de">Global Fire Monitoring Center. [http://www.fire.uni-freiburg.de/iffn/country/id/id_32.htm The 1997-98 Air Pollution Episode in Southeast Asia Generated by Vegetation Fires in Indonesia] {{Webarchive|url=https://web.archive.org/web/20120205194623/http://www.fire.uni-freiburg.de/iffn/country/id/id_32.htm |date=5 February 2012 }}. Extracted 7 February 2014</ref> [[Malaysia]], [[Singapore]] and, to a certain extent, [[Thailand]] and [[Brunei]] were particularly badly affected.

The haze is nearly an annual occurrence in some ASEAN nations. Dangerous levels of haze usually coincide with the dry season<ref>Jakarta Globe. [http://www.thejakartaglobe.com/news/riau-haze-back-again-as-dry-season-sets-in/ The 1997-98 Riau Haze Back Again as Dry Season Sets In] {{Webarchive|url=https://web.archive.org/web/20140206041714/http://www.thejakartaglobe.com/news/riau-haze-back-again-as-dry-season-sets-in/ |date=6 February 2014 }}. Extracted 7 February 2014</ref> from June to September when the southwest [[monsoon]] is in progress. Southwest monsoon winds shift the haze from Sumatra, Indonesia towards the Malay Peninsula and Singapore, sometimes creating a thick haze that can last for weeks.

===Negotiation history===
The agreement was established in 2002, though has some foundation in a 1990 agreement made among ASEAN Ministers of Environment which called for efforts leading to the harmonization of transboundary pollution prevention and abatement practices.<ref name="auto">ASEAN Haze Action Online. [http://haze.asean.org/?wpfb_dl=32 (p.1) Agreement Text] {{Webarchive|url=https://web.archive.org/web/20210603093004/https://haze.asean.org/?wpfb_dl=32 |date=3 June 2021 }}. Extracted 7 February 2014</ref>

The treaty also builds on the 1995 ASEAN Cooperation Plan on Transboundary Pollution and the 1997 Regional Haze Action Plan.<ref name="auto"/> This treaty is an attempt to bring the action plan into function.

==Parties to the agreement==
{| class="wikitable"
! Member state
! Date of ratification/approval
! Date of deposit of<br />instrument of ratification/approval<br />with the Secretary-General of ASEAN
|-
| {{flag|Malaysia}}
| 3 December 2002
| 18 February 2003
|-
| {{flag|Singapore}}
| 13 January 2003
| 14 January 2003
|-
| {{flag|Brunei}}
| 27 February 2003
| 23 April 2003
|-
| {{flag|Myanmar}}
| 5 March 2003
| 17 March 2003
|-
| {{flag|Vietnam}}
| 24 March 2003
| 29 May 2003
|-
| {{flag|Thailand}}
| 10 September 2003
| 26 September 2003
|-
| {{flag|Laos}}
| 19 December 2004
| 13 July 2005
|-
| {{flag|Cambodia}}
| 24 April 2006
| 9 November 2006
|-
| {{flag|Philippines}}
| 1 February 2010
| 4 March 2010
|-
| {{flag|Indonesia}}
| 16 September 2014
| 20 January 2015
|-
|}

==Institutional structure==
The agreement is managed by the Ministers of Environment and other representatives from the respective ASEAN countries.  Meetings are coordinated under the ASEAN Socio-Cultural Community Council (ASCC), one of three councils, subsidiary to the ASEAN summit and its chair.<ref>Asia One News. [https://www.asiaone.com/singapore/chan-chun-sing-attend-asean-socio-cultural-community-council-meeting Chan Chun Sing to attend Asean Socio-Cultural Community council meeting] {{Webarchive|url=https://web.archive.org/web/20140223001650/http://news.asiaone.com/news/singapore/chan-chun-sing-attend-asean-socio-cultural-community-council-meeting |date=23 February 2014 }}. Extracted 7 February 2014</ref>

==Activities==
The treaty calls for haze to be mitigated through concerted national efforts and intensified regional and international co-operation in the context of sustainable development. This is to be done through monitoring and prevention activities.<ref name="auto"/>

==Protocols==
The official procedure or system of rules that informs this agreement is the 'ASEAN Way' set of region norms and codes of diplomatic conduct characterised by principles of non-interference, consultation, consensus, quiet diplomacy, symbolism, and organizational minimalism.<ref>Nguitragool, Paruedee. "Negotiating the Haze Treaty: Rationality and Institutions in the Negotiations for the ASEAN Agreement on Transboundary Haze Pollution (2002)." Asian Survey, 2011: 356-378. 356.</ref>

==Achievements==
In October 2013 ASEAN leaders approved a joint haze monitoring system at a cost of US$100,000.<ref>Straits Times. [http://www.straitstimes.com/breaking-news/singapore/story/asean-leaders-approve-haze-monitoring-system-20131009?itemid=771 Asean leaders approve haze monitoring system]. Extracted 7 February 2014</ref> Additionally, Singapore has offered to start working directly with Indonesian farmers to encourage sustainable practices and minimise the problem over time by "tackling the haze issue at its root". Singapore has worked with farmers in this way in Indonesia's Jambi province in the past.<ref>Straits Times. [http://www.straitstimes.com/breaking-news/singapore/story/singapore-willing-work-indonesia-malaysia-tackle-causes-haze-20131009 Singapore willing to work with Indonesia, Malaysia to tackle causes of haze]. Extracted 7 February 2014</ref>

==Shortcomings==
Indonesia, as the primary haze producing party to the problem,<ref name="fire.uni-freiburg.de"/> was the last ASEAN country to ratify the agreement in 2014, 12 years after it was first signed in 2002.<ref>{{cite web|title=Indonesia finally ratifies the ASEAN agreement on transboundary haze pollution |url=http://www.establishmentpost.com/indonesia-finally-ratifies-asean-agreement-transboundary-haze-pollution/ |website=The Establishment Post |access-date=1 September 2015 |url-status=dead |archive-url=https://web.archive.org/web/20150924002339/http://www.establishmentpost.com/indonesia-finally-ratifies-asean-agreement-transboundary-haze-pollution/ |archive-date=24 September 2015 }}</ref> Concerns remain over the ability of the Indonesian government to monitor and effect changes to the problem.

The treaty failed to prevent the annual return of the haze between 2004 and 2010, and again in 2013, 2014 and 2015. Recently Indonesia has been placed as the world's third largest greenhouse gas emitter with 75% of its emissions stemming from deforestation.<ref>Time World. [https://world.time.com/2013/07/30/the-southeast-asian-haze-is-back-and-worse-may-follow/ The Southeast Asian Haze Is Back and Worse May Follow]. Extracted 7 February 2014</ref>

==Key debates in literature and policy community==
The 'haze treaty' is accused of being vague and lacking enforcement mechanisms or strong instruments for dispute-resolution.<ref>Nguitragool, Paruedee. "Negotiating the Haze Treaty: Rationality and Institutions in the Negotiations for the ASEAN Agreement on Transboundary Haze Pollution (2002)." Asian Survey, 2011: 356-378. 357.</ref> However, ASEAN has clearly tried to depart from its institutional culture in attempt to achieve deeper co-operation on this issue. This is evident in that this is a legally binding treaty, something ASEAN has vehemently opposed in the past.<ref>Nguitragool, Paruedee. "Negotiating the Haze Treaty: Rationality and Institutions in the Negotiations for the ASEAN Agreement on Transboundary Haze Pollution (2002)." Asian Survey, 2011: 356-378. 358.</ref>

The treaty is ill-served by the ASEAN style of regional engagement which adamantly protects national sovereignty. The result is that states are compelled to act in their own self-interest rather than regional interests. Additionally, the close relationships between key economic actors and political elites have meant maintenance of the status quo.<ref>Varkkey, Helena Muhamad. "The Asean Way and Haze Mitigation Efforts." Journal of International Studies, 2012: 1823-691X. 77.</ref>

In 2014, Singapore enacted the [[Transboundary Haze Pollution Act 2014|Transboundary Haze Pollution Act]] to penalize emissions that cause harm across national boundaries.

==See also==
* [[2005 Malaysian haze]]
* [[2006 Southeast Asian haze]]
* [[2013 Southeast Asian haze]]
* [[2015 Southeast Asian haze]]
* [[Asian brown cloud]]
* [[Southeast Asian haze]]

==References==
{{Reflist|30em}}

==External links==
* [https://web.archive.org/web/20120316153045/http://www.asean.org/agr_haze.pdf Documents on the agreement]
* [http://haze.asean.org/ ASEAN Haze Online] {{Webarchive|url=https://web.archive.org/web/20100211114520/http://haze.asean.org/ |date=11 February 2010 }}
* [https://www.aprildialog.com/en/2013/10/10/on-the-ground-team-provides-insight-of-causes-of-riau-fires/ On-The-Ground Team Provides Insight Of Causes Of Riau Fires]

{{Asia Pollution}}

{{DEFAULTSORT:Asean Agreement On Transboundary Haze Pollution}}
[[Category:ASEAN treaties]]
[[Category:Environmental treaties]]
[[Category:Treaties concluded in 2002]]
[[Category:2002 in Southeast Asia]]
[[Category:2002 in the environment]]
[[Category:Treaties of Malaysia]]
[[Category:Treaties of Singapore]]
[[Category:Treaties of Brunei]]
[[Category:Treaties of Myanmar]]
[[Category:Treaties of Vietnam]]
[[Category:Treaties of Thailand]]
[[Category:Treaties of Laos]]
[[Category:Treaties of Cambodia]]
[[Category:Treaties of the Philippines]]
[[Category:Treaties of Indonesia]]
[[Category:2002 in Malaysia]]
[[Category:Southeast Asian haze]]