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INDONESIAN IAN
F O R EFIRE
ST FIRE
PRESENTATION BY :
Baniadhipati N.P. (17/415883/HK/21407)
Ivan Abdillah (17/408379/HK/21091)
Michelle Chandra K (15/377129/HK/20278)
Background of Indonesian Forest Fire
- For decades the forest fire has been a big problem in Indonesia. According to
BNPB (Badan dan Nasional Penanggulangan Bencana) in January - August
2019 alone, 328.724 hectares of land were burnt. The fire mostly occurred in
the Island of Borneo and Sumatra.
- The fire has led to the toxic haze that exposed millions of people in Southeast
Asia. Especially in Indonesia & Malay Peninsula.
Background of Indonesian Forest Fire
- In 1997 the forest fire crisis occured, according to WALHI at least 1,714,000
hectares of land had burned from April - September 1997, making it the worst
forest fire crisis in decades.
- The forest fire crisis continue to occur annually, especially in dry season.
- Another major forest fire crisis take place in 2013 and 2015. In 2015, the crisis
cost the Government $16 Billion for mitigating and caused 500.000 people
suffer from respiratory disease.
- The most recent crisis occurred in early 2019, which lasted from early 2019
until mid-september.
The Cause of Indonesian Forest Fire
- Indonesia is the biggest palm oil producer in the world, and also the world
demands for palm oil has been continuously rising;
- This means the needs for plantation lands are in high demand.
- Land clearance for the palm oil industry & pulp and paper industry making
deforestation in Borneo and Sumatra increasing;
- The practice of Slash and Burn Technique is seen as the cheapest and
easiest way for land - clearing.
- The long hot and dry season & El Nino also increase the potential for the
forest fire.
The Damage Caused by the Haze
According to ERIA, the impacts resulting from fires and transboundary haze, however, could be significant and
include:
1. Losses to property and/or degradation of natural resources, forest, biodiversity, and ecosystem including
damage to agricultural production.
2. Increase in emissions of greenhouse gases and other hazardous pollutants.
3. Harmful effects on health including injuries and fatalities to humans and animals leading to untimely ailments
and even early deaths.
4. Adversely affecting various modes of transport operations due to safety concerns including accidents arising
from poor visibility.
5. Negative impact on tourism and business.
6. Rights to clean air, good health, and quality livelihoods being denied to numerous affected communities and
ordinary citizens.
7. Strained neighbourly relations amongst ASEAN member countries, if not others.
8. Seriously dent the image of ASEAN solidarity and effectiveness.
TOXIC HAZE IN KUALA LUMPUR, MALAYSIA
TOXIC HAZE IN SINGAPORE
ASEAN Reaction
In 2002 : ASEAN members agreed on the ASEAN Agreement on Transboundary Haze
Pollution (AATHP). This was a response to a haze crisis after huge forest fires in Indonesia
between 1997 and 1998 created thick smog across neighbouring countries.
Purpose : increase cooperation in handling haze and encourage foreign and national effort to
reduce forest fire.
However, Indonesian ratified the agreement in 2014 (act 26/2014) - 12 years later.
ASEAN’s zero-burning policy. The ASEAN haze treaty has a provision urging parties to
prevent land-clearing using fire. Since the affected countries argues that forest and land fires
in Indonesia were leading factors why ASEAN countries formed the haze agreement.
EU Ban on Palm Oil
The EU Commission has concluded that the cultivation of palm oil, mostly
undertaken in Indonesia and Malaysia, results in excessive deforestation.
Therefore EU Parliament issues a resolution back in 2017, to ban Palm Oil imports
in 2030.
RESEARCH QUESTIONS
What are the IEL principles that have been violated by Indonesia?
Adjudicate corporation who did deforestation e. KLHK v. PT. Nasional Sago Prima ( 2015 ), KLHK v. PT.
Bumi Mekar Hijau ( 2015 )
Indonesia and REDD
The Kyoto Protocol is an international treaty which extends the 1992 United Nations
Framework Convention on Climate Change (UNFCCC) that commits state parties to reduce
greenhouse gas emissions. Indonesia has ratified Kyoto Protocol on 2016.
REDD become one of the project to reduce emissions. Reduction of Emissions from
Deforestation and Forest Degradation (REDD) is a mechanism for reducing deforestation
and forest destruction with a view to reducing emissions.
- The punishment under Indonesian Law is too small compared to the loss.
- None of Indonesia’s national laws make special reference to haze or pollution resulting from slash-
and-burn activities. In fact, Indonesia does not categorise the spread of haze from forest burning as
a disaster
- The views of some government officials who are not in favor of forest sustainability
- Lack of international pressure on Indonesia state responsibility
- Lack of government commitment to implement.
THE CRISIS
ALSO
AFFECTING
ORANGUTANS
NATURAL
HABITAT
Analysis : The IEL Principles That Have Been
Violated.
Principle of Preventive Action:
According to this principle, the state is obligated to prevent such disaster from
happening.
Weak penalty for the ones who commit the forest fire
- Indonesia is allowed to exploit the resources within its jurisdiction, but it must
not effect or damage the neighboring state or jurisdiction outside of Indonesia.
1. ASEAN member states do have laws governing prohibition and/or limitation on burning vegetation.
However, the problem is they are not always strictly enforced. Therefore, stricter enforcement and
compliance would help to address this issue
2. Develop ASEAN Sub - regional Haze Monitoring System for efficient and timely sharing of
information, especially identifying specific locations on land clearance, hotspots, and actual
burning areas as well as haze movement among ASEAN member countries which would facilitate
early detection
3. Vigorous promotion in conjunction with the provision of incentives for encouraging non-burning
alternatives for clearing land
4. Improving coordination with government agencies, private developers, small farmers, civil society
groups, and local communities on the fire and haze issue, including the possible causes and the
potential solutions
Additional Solutions
1. Indonesia shall acknowledge haze from deforestation as a disaster that
should be responsible by the polluter.