Manila: After three years of discussion, member countries adopted a landmark declaration during the 47th ASEAN Summit here on Oct 26, recognising a safe, clean, healthy, and sustainable environment as a human right. The declaration includes promoting multilateral environmental laws, education and public access to information, and improving equal protection of vulnerable groups such as indigenous people against human rights violations. It also 'strongly' encourages businesses to adopt sustainable models and asks ASEAN member states to enhance collaboration between them.

According to BERNAMA News Agency, the ASEAN Intergovernmental Commission on Human Rights (AICHR) is in charge of developing a regional plan of action. While lauding the declaration, environmental groups have criticised it as not going far enough. Greenpeace Southeast Asia (GPSEA) called the declaration 'long overdue,' adding that it remains incomplete as it lacks clear obligations, measurable targets, and enforcement mechanisms. It also criticised the declaration for omitting 'corporate responsibility to uphold people's environmental rights and the need to address the transboundary nature of the region's environmental challenges.'

The Asian Research Institute for Environmental Law praised ASEAN for including indigenous peoples/communities in its press statement but said the declaration lacked strong language addressing the urgent need to safeguard and protect the environment and the people that defend it. Raynaldo G. Sembiring, director of the Indonesian Centre for Environmental Law, stated that the true strength of the declaration would be defined by how each member state translates these commitments into concrete and measurable actions.

ASEAN nations face challenges due to their rich biodiversity and natural resources, which are under threat from overdevelopment as the region emerges as a major global economy. Environmental issues such as transboundary pollution, including haze, plastic waste, and wildlife trafficking, further complicate matters. Edmund Bon, chair of the AICHR, noted that the non-binding nature of the declaration has been a point of criticism, although it still holds significance as 'soft law' that can influence judicial decisions and advocacy efforts.

Translating the declaration into concrete action will require national legislation, as exemplified by Singapore's Transboundary Haze Pollution Act of 2014, which addresses haze from other countries. Subang Member of Parliament and ASEAN Parliamentarian for Human Rights (APHR) board member Wong Chen suggested that Malaysia should consider similar measures. Co-chair of APHR Charles Santiago emphasized the need for regional laws and monitoring systems to address major environmental polluters and promote recycling efforts.

Santiago stressed that governments need to pass legislation reflecting the declaration's points, either by updating existing laws or introducing new ones. He noted that without local laws, monitoring and enforcement would be impossible. Environmental laws in Malaysia include the Environmental Quality Act 1974, National Forestry Act 1984, and Wildlife Conservation Act 2010. Bon expressed hope for a plan of action by the time ASEAN nations meet again in 2026 under the chairmanship of the Philippines.