West Kalimantan residents sue Indonesian president over wildfire haze; first hearing held

Centre · 1A class-action lawsuit over wildfire haze in West Kalimantan opened at a court in Pontianak on Wednesday 7 October, naming President Prabowo Subianto and other officials as defendants. 1 Centre · 2The suit was filed on 17 September by a coalition of civil society groups calling itself Nafas Kalimantan Barat (West Kalimantan Breathe), according to the South China Morning Post. CNA, citing AFP, said four plaintiffs, including a local chapter of the Indigenous NGO AMAN, filed it. 2 1 Centre · 2The outlets differ on who is sued: the SCMP reports the complaint names Prabowo, Vice-President Gibran Rakabuming Raka and 25 other officials and state bodies, while CNA says there are 10 defendants including Prabowo and the West Kalimantan governor. 2 1

Centre · 2The plaintiffs accuse the government of negligence for failing to deal with a recurring problem, and want the fires declared a national disaster. CNA says this would allow comprehensive recovery and rehabilitation, including covering residents' healthcare costs. 1 2 Centre · 1According to the SCMP, they also want the Forestry Ministry to audit and publish results on burned areas, the Environment Ministry to investigate and sanction alleged environmental crimes, and police to prosecute those who start fires. 2 Centre · 2Lead plaintiffs' lawyer Glorio Sanen argues the fires were foreseeable because a "super" El Nino and a long dry season had been forecast, yet authorities "ignored" the risks. He said the suit is meant to remind officials to do their duties and "a step to address the problem". 2 1

Centre · 1None of the defendants attended the first hearing, according to an AFP reporter cited by CNA. Glorio said he was sad but understood that the haze may have stopped them landing in Pontianak. 1 Centre · 2The impact has been heavy: the SCMP, citing the national disaster agency, says over 48,000 hectares have burned in West Kalimantan this year. It also reports more than 116,000 of Indonesia's 175,000-plus acute respiratory infections were in the province. CNA says schools have shut and hundreds of flights have been disrupted. 2 1 Centre · 2The SCMP calls this Indonesia's worst wildfire season in 11 years, with haze reaching Malaysia, Singapore and the Philippines. CNA describes fires across Sumatra, Papua and Borneo, with an exceptionally intense El Nino. 2 1

Centre · 1Prabowo told a 16 September cabinet meeting he had ordered an investigation and floated a law with harsher penalties that would classify arsonists as "ecological terrorists". National police had named 196 suspects linked to fires on more than 5,000 hectares in several provinces. 2 Centre · 2Past suits have had limited success. A 2016 suit over Central Kalimantan fires won in lower courts but was overturned by the Supreme Court in 2022. A 2021 Jakarta air pollution ruling against then-president Joko Widodo has not cleaned the air, and CNA notes a similar suit filed last year in South Sumatra was dismissed. 2 1 Centre · 1Legal Aid Foundation researcher Siti Rakhma Mery said environmental cases are often dismissed on procedural grounds. She expects the defence to rely on paperwork showing the government took required steps. Gadjah Mada University lecturer Yance Arizona said wins often stall at enforcement but a ruling would be a reference point for judging the government. 2