Environmental rights in Malaysia : public participation under EIA

Abstract

The objective of this study are: to examine the right of public participation in decision making under EIA law in Malaysia; to examine the existing limitations of public participation in decision making procedures under EIA; to examine the practice of public participation in EIA procedures; to examine public awareness of EIA and its implementation; to assess the importance of constitutional measures supporting public participation in environmental decision-making; and to examine prospects for law reform and changes in EIA law and planning procedures to improve both the level of public participation in EIA and the quality of decision making. This study adopted qualitative research. This involves at least seven data sources, which are Malaysian planning authorities, Departments of Environment (DoE), public in selected affected areas, Malaysian Non-Governmental Organisations (NGOs), EIA reports, statutes and law cases. The interview method has been used to generate data from the planning authorities, DoE, public and NGOs; and content analysis has been used while examining the EIA reports, statutes and law cases. This study identified significant lack of provision regarding right to access to information, ignorance of the EIA laws as well as its procedures on part of the public, inappropriate structured provision on right to public participation in EIA laws and restricted right to access to justice in environmental matters. It identified five significant limitations to the right to public participation; uncertainty of the EIA procedures and their uncertain legal status, limited access to information on EIA report, strict rule of standing, complexity of federal-state relationship, and lack of awareness among the public in Malaysia. In addition, this study found ignorance of the concept of ‘environmental rights’ on part of the decision makers and the public. This study concludes by highlighting the issues that need further investigation and proposes practical suggestions to the problems.