Indonesian wildfire lawsuit opens as haze spreads regionally

Indigenous and civil society groups have filed a class action in West Kalimantan, Indonesia, accusing the government of gross negligence in its handling of wildfires whose haze has spread to Malaysia, Brunei, Singapore and the Philippines. The opening hearing in Pontianak on 8 October was adjourned after the named defendants did not attend, according to the plaintiffs’ lawyer and court proceedings reported by The Guardian.¹

Court case begins

The lawsuit names President Prabowo Subianto, the governor of West Kalimantan and other defendants, according to The Guardian. The plaintiffs include indigenous and civil society groups, among them local chapters of AMAN and Catholic Youth. They are seeking a programme of recovery and rehabilitation that would include healthcare costs for residents affected by the fires and haze.¹

The West Kalimantan provincial court opened the case in Pontianak on 8 October but postponed proceedings until 21 October after the defendants were absent, according to The Guardian. Glorio Sanen, the plaintiffs’ lawyer, said the legal action was “a step to address the problem”. A similar case lodged in a South Sumatra court had previously been dismissed, The Guardian reported.¹

Regional air-quality concerns

Indonesia is going through one of its worst wildfire seasons, with effects across Southeast Asia, according to the BBC. Its report described haze obscuring Singapore’s landmarks. The Guardian reported that smoke from the fires had reached Malaysia, Brunei, Singapore and the Philippines, and that schools in the Malaysian state of Johor were scheduled to close as air quality worsened.¹²

Wildfires occur each year in Indonesia and are often started as a low-cost means of clearing land for oil-palm cultivation, according to The Guardian. Indonesia has faced accusations that it has not sufficiently prevented slash-and-burn clearing. According to The Guardian, the government said it planned stricter enforcement and had sent military personnel to combat the blazes.¹

Plaintiffs’ criticism

The Guardian reported that Yakobus Kumis, who is bringing the case on behalf of a Dayak community, said officials ignored warnings before the fires began and called on them to designate the haze crisis a national disaster. He described the government’s conduct as a “way of the central government teaching the people that violating the law is OK.”¹

The Guardian reported that an unusually strong El Niño had brought drier-than-normal conditions this year, worsening the haze. The Guardian said the presidential office gave no immediate reply when asked for comment. Sanen said he regretted the defendants’ absence from court, while adding that haze conditions might have prevented them from landing in Pontianak.¹