Malaysia suggests arbitration on island dispute

Malaysia suggests arbitration on island dispute

JAKARTA (JP): In a surprise move, Malaysia called for
arbitration yesterday in the dispute over the Sipadan and Ligitan
islands should the present talks with Indonesia fail to produce a
conclusive outcome.

"If Malaysia and Indonesia cannot resolve the issue in the
current talks, we believe the best solution would be to call in a
third party," Ahmad Kamil Jaafar, Secretary General of the
Malaysian Foreign Ministry, said yesterday.

Speaking at the opening of the third round of talks between
Malaysia and Indonesia to decide the ownership of Sipadan and
Ligitan, Jaafar said the third party should be given the latitude
to adjudicate the dispute and issue a decision that is binding to
both sides. "I believe this is the best way to resolve the
issue."

Jaafar leads the delegation of 24 Malaysian officials to the
three day talks, which are being held at the Sari Pan Pacific
Hotel.

The dispute over the islands, located just off the east coast
of Kalimantan, stems from mutual claims based on the historical
legacy of former colonial rulers.

In the spirit of cooperation, Jakarta and Kuala Lumpur agreed
in 1969 to maintain a status quo on the islands until such time
that the proper owners had been determined.

Following a meeting between President Soeharto and Prime
Minister Mahathir Mohamad at Lengkawi island, Malaysia, last
year, the two countries again expressed their desire for a
peaceful and diplomatic solution to the dispute.

Jaafar would not reveal who the third party should be, but
said that it must be mutually acceptable to both sides.

Surprise

The head of the Indonesian delegation at the negotiations,
Izhar Ibrahim, admitted he was surprised by Malaysia's proposal.

"We have suspected that at some point they would say something
like this, but to tell you the truth we didn't expect they would
bring it up now," said Izhar, who is the director general of
political affairs at the Ministry of Foreign Affairs.

When queried on his perception of the sudden shift away from
bilateral talks, Izhar surmised that Malaysia may feel surfeited
with the on-going talks.

The first meeting of the joint working group took place in
Jakarta in 1992. The second round was held in Kuala Lumpur
earlier this year.

Despite the two year span, progress has come at a sluggish
pace with both sides exchanging a mounting array of historical
documents to support their respective claims.

"Maybe they are exhausted... (and) if they feel that way then
they might not have any more legal arguments," Izhar said adding
that "we are certainly not (exhausted), we feel our position is
quite solid."

Izhar expressed his wonder at the latest move since it was
made even before the Malaysian delegation heard the arguments
from the Indonesian side.

Despite the seemingly bridled stance of his counterparts,
Izhar still projected confidence in a successful resolution to
the dispute through the on-going talks. "We still believe that a
solution using bilateral channels will succeed."

Though hostilities arising from the dispute have thus far been
avoided, there was an uproar in Indonesia last year when Malaysia
developed and advertised Sipadan Island as a new tourist
destination.

The island is renown for its beautiful underwater coral
structure making it a prime diving area.

Though development was suspended after protests from Jakarta,
the action provoked strong words here in the House of
Representatives (DPR) with members demanding the government
consider the use of "physical action."

Minister Alatas subdued the situation emphasizing diplomacy
and peaceful resolve. Nevertheless he declared at the House that
Indonesia would not acquiesce in this matter.

Former ambassador to Germany, Hasjim Djalal, who is also part
of the Indonesian delegation, concurred with Izhar when
questioned on Malaysia's latest proposal. "I feel that there is
still a way out by way of negotiation."

He denied that the talks had reached a dead end, saying there
were still avenues to be explored. "Let's talk amongst ourselves
first," he said. (mds)