RI-Malaysia to take Sipadan rift to ICJ

RI-Malaysia to take Sipadan rift to ICJ

JAKARTA (JP): Indonesia's President Soeharto and Malaysian
Prime Minister Mahathir Mohamad agreed in Kuala Lumpur yesterday
to settle their dispute over the Sipadan and Ligitan Islands
through the International Court of Justice (ICJ).

Indonesian State Minister/State Secretary Moerdiono told
journalists that Soeharto and Mahathir took 90 minutes before
reaching the agreement.

"Whatever the International Court of Justice's decision is,
both sides will accept and respect it," said Moerdiono, who was
accompanied by Indonesian Minister of Foreign Affairs Ali Alatas.

"We truly believe the islands belong to Indonesia. However,
the Malaysians, of course, also believe the islands belong to
them," Moerdiono said, as quoted by Antara.

Soeharto held talks with Mahathir yesterday morning at the end
of his two-day visit to Kuala Lumpur. The islands dispute was the
highlight of the meeting.

Located just off the northeast coast of Kalimantan, the
disputed islands are a legacy of the two countries' colonial
rulers.

The matter flared up in 1991 when Malaysia began touting the
islands as a holiday destination and developed tourist
facilities.

During a meeting in 1993, Soeharto and Mahathir agreed to
settle the overlapping claims peacefully and not burden future
generations with the problem.

Despite forming a joint committee and holding talks through
personal envoys, negotiations reached an impasse.

Malaysia then proposed arbitration by the ICJ. Jakarta
rejected this and suggested that the controversy be settled
through the ASEAN High Council instead.

Both Indonesia and Malaysia, along with Brunei, the
Philippines, Singapore, Thailand and Vietnam, are members of the
Association of Southeast Asian Nations (ASEAN).

Despite the prospect of being entangled in an international
legal battle, Indonesian and Malaysian officials continue to
maintain a bond of friendship.

Alatas said officials from both sides would meet soon to
prepare the procedures for the case's submission to the ICJ.

"The important thing is that both countries agree to move
together. No one is filing a suit against the other," he said.

Based in The Hague, the ICJ is the principal judicial organ of
the United Nations. It consists of 15 judges, elected by the UN
General Assembly and the Security Council, who serve nine-year
terms.

This is not the first intra-ASEAN territorial dispute taken to
the ICJ. The dispute over Batu Putih Island between Malaysia and
Singapore is also being taken to the world court.

Malaysian Minister of Foreign Affairs Abdullah Badawi seemed
pleased the case would now be settled by the ICJ and not the
ASEAN High Council, describing it as "the best avenue" for a
solution.

Apart from Sipadan and Ligitan Islands, Soeharto and Mahathir
also discussed the question of Indonesian migrant workers in
Malaysia. The two leaders also touched on the possibility of
building a bridge connecting the Malacca Peninsula and the
province of Aceh.

Soeharto returned to Jakarta yesterday after having lunch with
Malaysian King Tuanku Ja'afar Abdul Rahman.

Myanmar

Badawi said yesterday the two leaders in their discussion
agreed that ASEAN's "constructive engagement" approach would
continue.

"The process of dialog, the constructive engagement approach
must go on," Badawi stressed, as reported by AFP.

ASEAN has received much criticism for its refusal to isolate
the military regime in Yangon and adopting instead a constructive
engagement approach.

Myanmar, a prospective member of ASEAN, formally applied for
membership in August and could be admitted during the ASEAN
Ministerial Meeting in Kuala Lumpur next year.

However, meetings by ASEAN senior officials last week
suggested a possible review of policy.

Separately, Alatas discounted these suggestions yesterday.

"There is a view among some ASEAN members as to the timing,
the best time Myanmar should enter, not on the principle of
Myanmar's entry into ASEAN," he said.

He argued that the internal situation of a country has never
been a condition for membership of any international
organization, including the United Nations. Thus, "why should
ASEAN adopt a rule that is applied nowhere?"

"There is no split whatsoever and there has never been any
disagreement among ASEAN," Alatas said in reasserting the
organization's support for Yangon's entry. (mds)

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