Jakarta, KL need to outline details on islands' dispute
Jakarta, KL need to outline details on islands' dispute
JAKARTA (JP): Hasyim Djalal, a noted maritime law expert, said
yesterday Jakarta and Kuala Lumpur needed to confirm the fine
details of their overlapping claims to Sipadan and Ligitan
islands before taking the dispute to the International Court of
Justice (ICJ).
"I think there should first be a clear understanding between
the two countries about which issues need to be arbitrated by the
ICJ," Hasyim told The Jakarta Post here yesterday.
After failing to compromise by diplomatic means, Indonesia's
President Soeharto and Malaysia's Prime Minister Mahathir Mohamad
agreed last month to take their claims to the ICJ based in The
Hague.
The two leaders promised to abide by the court's decision.
The dispute over the two-tiny islands just off the coast of
North East Kalimantan has its roots in colonial times when
Malaysia was occupied by Britain and Indonesia by the Dutch.
While there is a high level of consensus about the need to
resolve the matter through the ICJ, Hasyim believes the two sides
have yet to clarify exactly what needs to be arbitrated.
"It has to be decided whether the arbitration would be on the
interpretation of the British-Dutch treaty in 1891, or whether
the interpretation will also determine the maritime borders
between Indonesia and Malaysia around Sipadan-Ligitan," Hasyim
remarked.
Hasyim, who has held the post of Ambassador to Bonn, currently
serves as Ambassador on law of the sea.
Hasyim, who claims not to be directly involved in the
negotiations, underlined the necessity for such detail. "There
still needs to be negotiations between the two countries," he
said. "I do not know whether an agreement has been reached yet."
Hasyim was speaking yesterday after addressing the opening of
a three-day meeting of the Indian Ocean Marine Affairs
Cooperation (IOMAC) standing committee here.
IOMAC was established following a Sri Lankan initiative in
1981. IOMAC activities include promoting a greater awareness of
the potential of the India Ocean and pioneering a regional
cooperation mechanism for integrated ocean management.
The second IOMAC conference in Tanzania in 1990 established
the Arusha Agreement which adopted a statute for the
organization.
Only Indonesia, Kenya, Mauritius, Mozambique, Pakistan and Sri
Lanka have ratified it. The agreement needs the ratification of
eight countries before coming into effect.
Both Hasyim and Indonesian Foreign Minister Ali Alatas in the
written opening statement urged speedy ratification.
Three other signatories -- Iran, Nepal and Tanzania -- have
yet to ratify the agreement.
Hasyim underlined the need for IOMAC's activities to be
compatible with other activities in the region such as the Indian
Ocean Rim Initiative. (mds)