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)