Recent incidents of torrential rain in Malaysia have wreaked havoc, ruined properties, and forced many locals to flee their homes. The National Disaster Management Agency (NADMA) Malaysia reported 13,336 families/46,630 persons remained evacuated in 250 evacuation centres as of 6 March 2023. According to CNN, the recent flood killed at least four people (5 March 5 2023), with one of the deaths confirmed by state authorities in Johor being a man who was stuck in a car that was washed away by the rising floodwaters. In addition to personal losses, the heavy rains also had severe financial impact due to flooding that destroyed homes, shops, warehouses, and factories.
According to Dr Muhammad Daaniyall Abd Rahman, Senior Economist at the Centre for Future Labour Market Studies (EU-ERA), losses due to flood disasters reached billions of ringgit every year. Flood is severely impacting the lives and rights of thousands of people every year, starting with the most fundamental right of all: the right to life.
This never-ending threat to our environment requires prompt attention from the Federal Government as it is a fundamental right under the Federal Constitution for citizens to live in a safe, clean, healthy and environmentally sustainable society (Article 5 of the Federal Constitution). However, there have been several instances where the state government has approved housing construction projects without strictly adhering to Section 34A (6) of the Environmental Quality Act 1974, a provision that necessitates the approval of Director General of Environmental Quality (DG) who will undertake surveys and investigations as to causes, nature and extent of pollution. For that reason, matters pertaining to land (Ninth Schedule of Federal Constitution), such as approval of housing construction projects, which are currently under the state government’s power, need to be amended to come under the purview of the Federal Government. If no proactive steps are taken to remedy this problem, such neglect on the part of the state government may eventually have an adverse effect on the environment in the form of flooding.
The recent floods in Johor revealed that there are still insufficient planning and management in mitigating risks and adapting to the effects of flooding which indicates that the state government has failed to exercise a reasonable duty of care. This can be proven by the fact that a total of 98 flooded areas, 21 landslides, and 10 roads, and 1 bridges were reportedly damaged by the recent disaster which caused personal and financial losses (Aha Centre, 2023). Therefore, the people who were affected by the flood may file a suit against the state government because failure to prevent flooding must be the responsibility of state governments via local authorities.
Suing the state government for negligence in managing floods is not a new phenomenon. For instance, a group of residents and business operators whose properties were damaged by flash floods in Seremban, Negeri Sembilan in November 2021 sued the Negeri Sembilan government for damages. They alleged that the authorities had among others, failed to exercise a reasonable duty of care to manage or open the floodgates around the Sungai Linggi water treatment plant when there was heavy rains upstream, failed to upgrade the floodgate system to release excess water and to provide a better drainage system in the affected areas (The Star, 2021).
The same could be done now as the state government failed to reduce economic damage and minimise flood impacts on human life and infrastructure. The system is not very effective and its impact on flood preparedness is minimal as the warnings do not reach the entire community. Evacuation, rescue and post-flooding responses by the government were also criticised by residents as it failed to meet their basic needs. The situation is even worse this year as most local residents contended with the flooding individually.
The state government can employ a holistic approach that consists of five strategies for future improvement. The five strategies are:
1) Prevention – Avoiding construction of houses, properties and industries in present and future flood-prone areas for preventing damage caused by floods;
2) Protection – To reduce the likelihood and the impact of floods in a specific location, with the Government taking structural and non-structural measures;
3) Preparedness – To give information to the public about what to do in the event of flooding and about flood risks;
4) Emergency Actions – In case of a flood, develop emergency response, formulate plans and actions;
5) Recovery and lessons learned – After a flooding disaster, return to normal conditions as soon as possible and mitigate both social and economic impact.
The most crucial element in achieving the flood delivery system in Malaysia, according to this plan, is the collaboration of the government, private sector, Non-Governmental Organisations (NGOs), and the community at large. Aside from that, disaster management success is dependent on its implementation in local areas, which can decrease the impact of disaster on communities affected. The impact of a disaster, however, could also be lessened by the communities themselves based on education and awareness of disaster risk management.
**The facts and views expressed are solely that of the author/authors and do not necessarily reflect that of the editorial board
