Potential legal claims in response to the toxic haze in Southeast Asia

More than 1.2 million fire hotspots have been recorded in Indonesia from 1 January to 25 October 2026. This has led to the burning of nearly 2 million hectares of forest and peatland so far this year, which is roughly the size of Wales, concentrated in Kalimantan, South Papua and Sumatra. The fires, which are expected to continue until mid-November 2026, produce a toxic haze that has settled upon the affected provinces in Indonesia as well as countries further north, including Singapore, Malaysia, Brunei and the Philippines. Schools have been closed, people’s health and wellbeing compromised and businesses damaged.

The haze is man-made, government-enabled and company-led, with large corporations standing to benefit from the vast clearing of agricultural land for negligible cost. In this LFML Insight, we explore the potential legal claims that could be pursued in response with reference to the domestic laws of Indonesia and Singapore, human rights law and customary international law. The fires and resulting haze may also breach Indonesia’s investment treaties while jeopardising its commitments to reduce carbon and methane emissions. However, the issue is not isolated to Indonesia, with other countries across the Asia-Pacific routinely allowing vast swathes of land to be cleared by fire, generating significant pollution for their inhabitants and neighbouring countries. The law could be a catalyst for change where politics has failed.

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