Wed, 09 Oct 1996

Govt prepares legal groundwork for islands trial

JAKARTA (JP): Indonesia is busy preparing its lawyers and the legal documents pertaining to the disputed Sipadan and Ligitan Islands for its case against Malaysia at the International Court of Justice.

Indonesian Minister of Foreign Affairs Ali Alatas told journalists yesterday Jakarta was collecting as much proof as possible to support its claim over the islands.

"We have to prepare our case. We have to collect all the documentation to back our arguments," he said.

Alatas had just returned from a trip to Kuala Lumpur where he accompanied President Soeharto, who had a private meeting with Malaysian Prime Minister Mahathir Mohamad on the overlapping claims.

The two leaders agreed after reaching an impasse in bilateral negotiations that the dispute would be taken for arbitration to the International Court of Justice.

The two tiny islands are located on the northeast coast of Kalimantan. Both Jakarta and Kuala Lumpur lay claim to the islands, basing their arguments on the territorial possessions of their former colonial rulers.

The two sides had attempted to reach a settlement. However, negotiations among high-ranking officials hit a brick wall.

Indonesia at first rejected the idea of taking the case to the international court and proposed arbitration through the ASEAN High Council instead.

In a show of solidarity and friendship, Soeharto and Mahathir agreed Monday to take the dispute to The Hague-based court.

Alatas said yesterday preparations included selecting a legal counselor to present Indonesia's case in The Hague.

"We have to appoint our lawyer to handle the case in the international court," he said.

When asked whether it would be an Indonesian or foreign attorney, Alatas replied: "It could be both. It depends on things later."

Alatas also discounted the possibility of a compromise on the islands dispute.

"It has passed," he said, adding that both legal and political approaches from the two sides have failed to result in an outcome.

Despite the territorial dispute, both Jakarta and Kuala Lumpur have stressed that the issue would not serve as a wedge in the good ties between the two countries.

Officials have also taken great pains to point out that the two sides would be submitting their case together, thus avoiding the impression one side was contesting the other.

Senior officials are expected to meet next week to begin preparations for the case's submission to the court.

Alatas claimed that the two nations' handling of the overlapping claims is an example of how international disputes can be managed and resolved peacefully.

"We are showing that if there is a problem between two friendly states, there is no need to develop it into a conflict," he said. (mds)