Malaysia's legal framework for environmental protection is evolving, but gaps remain, particularly in recognizing the right to a healthy environment in its constitution. Cases such as Kerajaan Negeri Selangor & Ors v Sagong bin Tasi & Ors have reinforced indigenous land rights, emphasizing the need for Free, Prior, and Informed Consent (FPIC) in development projects. Additionally, environmental disputes often focus on corporate accountability, as seen in John bin Until & Ors v Prolific Yield Sdn Bhd, where indigenous communities sued over environmental harm. Malaysia has endorsed key international soft law instruments, yet its non-ratification of human rights treaties such as International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR) poses challenges in leveraging human rights arguments in environmental cases.
Case Contributors:
- Edmund Bon, Head of Chambers (Civil) of AmerBON, Advocates
- Khor Xiou Shan, Senior Advocate at AmerBON, Advocates
- Michael Cheah Ern Tien, Advocate at AmerBON, Advocates
- Umavathni Vathanaganthan, Collective Operating Officer at the Collective of Applied Law and Legal Realism (CALR).
Cases:
Case Study - John bin Until & Ors v Prolific Yield Sdn Bhd & Anor
Case Study - Kerajaan Negeri Selangor & Ors v Sagong bin Tasi & Ors