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When environmental harm crosses borders, who can be held responsible? ASEAN has had a regional agreement on transboundary haze since 2002, and signed the ASEAN Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment last year. So why are people still exposed to haze pollution they did not cause? On this episode of #ConsiderThis Melisa Idris speaks with Charlie Albajili
Programme Officer on Access to Justice, and Business & Human Rights at Raoul Wallenberg Institute (RWI) Asia Pacific.

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00:00affected um because i think uh not only it's it's hard to get the information but also it's uh
00:07it's it's expensive for them to seek the remedies for to make the the companies for
00:15instance or the government uh responsible uh in indonesia there was a citizen lawsuit case
00:22uh brought in the 2017 transboundary case as well uh the the citizen won and there was
00:32the the judge asked the government of indonesia to uh to free to give free treatment for his victims
00:42evacuation facilities disclosure of concessions and also to review the the permit linked to the fires
00:50but it was then uh withdrawn the the decision was withdrawn in the in the supreme court so that
00:58shows the the challenges in seeking access to justice so uh in that situations i think the
01:06declarations and aSEAN i think can can do more uh because i think there's a gap as i mentioned before
01:13this is transboundary the victims could be from different countries so i think there are three
01:19things that uh uh that i think it's important the first is uh to ensure that the the the plan
01:25of
01:26action of the other states non-discriminatory rules for those seeking remedies and also uh to to
01:36the compensation is uh also not only for state treasury because most uh environmental
01:46uh enforcement uh uh enforcement it it it it end up with with the the the the companies need to
01:52pay to
01:53the national treasury okay how about the how about the people affected so it's need to be clarified both
02:00in the nation you know but also i think regional document can also clarify that and lastly i think the
02:07non-judicial uh non-judicial remedy mechanism non-judicial recommended it it means like it's not uh through the
02:14court but through other organizations like nature ice the national humanized institutions uh we have
02:21suhakam in in malaysia we have com nasa in indonesia we have aicher in in aSEAN they could collaborate
02:28basically to inquire about the about the uh who's affected and what can we do what can we do to
02:37give
02:38them uh remedies or i think the things that they need for for their enjoyment of human rights well
02:45fantastic um recommendations there charlie thank you so much for joining us on the show and sharing some
02:50of your insights with us charlie al bajili from dub uh rwi asia pacific they're wrapping up this episode
02:56i'll consider this i'm melissa idris signing off for the evening thank you so much for watching and good
03:54thank you
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