Accra:Malaysia should be prepared to pursue an international claim if credible evidence shows that Indonesia has failed to meet international obligations regarding transboundary haze. The ASEAN Specialised Meteorological Centre activated its highest regional haze alert on August 26, 2026, as smoke from Kalimantan was detected moving towards Sarawak. This supports the need for an investigation but does not automatically establish Indonesia's liability for losses incurred by Malaysia.

According to BERNAMA News Agency, Malaysia and Indonesia are parties to the ASEAN Agreement on Transboundary Haze Pollution, which includes provisions for monitoring, prevention, preparedness, and emergency response. The agreement requires prompt responses to information requests and consultations when haze originates within a party's territory, and a prompt decision on offers of assistance. However, the treaty does not automatically hold Indonesia liable whenever smoke crosses its border.

The core issue is whether Indonesian authorities exercised due diligence as required by international law. This involves proper regulation, enforcement, and supervision of activities that could lead to haze. Malaysia should investigate potential regulatory or enforcement failures by Indonesia, such as addressing fire risks and implementing preventive measures.

Indonesia must have the opportunity to present evidence of its response, including any extreme weather conditions or difficult terrain that may impact their actions. While private plantation fires are not considered government acts, a failure to fulfill regulatory duties could still hold the state accountable.

Malaysia should also undertake specific steps to build evidence for a potential claim. These include issuing formal notices for information and consultations, connecting fires to Malaysian exposure through independent experts, quantifying losses, and securing a lawful route to a binding decision. The haze treaty allows for consultation or negotiation but not compulsory adjudication, so Malaysia may propose arbitration or a bilateral claims commission.

A 90-day program should be initiated to compile evidence, account for losses, and develop a settlement or adjudication proposal. Malaysia's legal strategy must be robust to ensure accountability and enforcement of existing obligations.