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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