Why Malaysians Are Advocating for the Right to a Clean Environment: Implications for Our Future

The Human Rights Commission of Malaysia, known as Suhakam, is pushing for a significant change in the country’s constitution. They, along with legal experts and environmental activists, want the “right to a clean and safe environment” added to Article 5. This article already safeguards the right to life and liberty.

Mohd Hishamudin Md Yunus, Suhakam’s chairman, believes that recognizing this right in the constitution would empower people affected by climate change. It would help them seek justice and maintain healthy living conditions. He emphasized that this amendment would hold the government and other stakeholders responsible for keeping the environment clean and safe.

This isn’t the first time Suhakam has raised this issue. Environmental rights have been a consistent topic at their events and reports. The call for this constitutional change has gained traction recently, especially as Malaysia takes on the chairmanship of the Association of Southeast Asian Nations (ASEAN) this year.

During the ASEAN meeting in Langkawi, discussions focused on environmental rights, sustainable development, and inclusive growth. Twelve representatives from ASEAN member states, including Timor-Leste as an observer, are participating in these talks. A key agenda item is the proposed ASEAN declaration on environmental rights, which has been in the works since 2021. Malaysia hopes to get fellow ASEAN countries to sign this declaration by the end of the year.

However, some environmental advocates worry that the declaration might lack the strength needed to protect those fighting for environmental rights. They point out that it won’t be legally binding, which raises concerns about its effectiveness.

There’s a growing belief that amending national constitutions could enhance the protection of environmental rights. Last year, all ASEAN countries except Cambodia supported the right to a clean, healthy, and sustainable environment at the UN General Assembly. This prompted groups like Suhakam to advocate for similar reforms at home.

Kiu Jia Yaw, a sustainability lawyer, noted that making this right a constitutional matter would shift it from being just a government guideline to a formal entitlement. This change could encourage ASEAN to lead the way in sustainable development and community-oriented living.

Edmund Bon, Malaysia’s representative in ASEAN dialogues, echoed these sentiments. He believes that legal frameworks on environmental rights are important, but they alone can’t provide sufficient protection. He sees a constitutional right as a foundation for stronger laws and accountability for corporations that harm the environment. Suhakam supports this view, stating that a constitutional right would help shield environmental activists from legal threats and enhance protections against lawsuits aimed at silencing them.

While the idea of a constitutional amendment is appealing, it faces challenges. Nik Nazmi, Malaysia’s minister for natural resources, explained that drafting such an amendment is complicated. It requires balancing existing federal and state laws. The legal division of the prime minister’s office expressed concerns that this new right might conflict with current environmental laws.

Despite the hurdles, Suhakam believes pursuing this amendment is vital given Malaysia’s mounting environmental issues. Other countries in Southeast Asia, like Indonesia and the Philippines, have made strides by including the right to a clean environment in their constitutions. For instance, in the Philippines, residents successfully utilized a “writ of kalikasan” to halt mining activities due to environmental concerns. Meanwhile, Indonesia has seen a rise in climate-related lawsuits since enacting similar constitutional rights.

Experts like Linda Yanti Sulistiawati from Indonesia stress that merely having environmental rights in the constitution is a key step, even if real progress takes time. As developing nations often prioritize economic growth, integrating environmental concerns into national agendas is crucial. Widespread public awareness and an informed judiciary are necessary for these rights to be effectively realized.

In conclusion, the push by Suhakam for constitutional recognition of environmental rights reflects a larger movement across Southeast Asia. It highlights the urgent need for nations to address environmental degradation while ensuring that the rights of individuals to a healthy environment are upheld.

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