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Despite the two year span, progress has come at a sluggish pace with both sides exchanging a mounting array of historical documents to support their respective claims.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