RI refutes Lisbon's claim over Timor Gap

JAKARTA (JP): The Ministry of Foreign Affairs yesterday refuted claims of a victory made by Portugal concerning last week's ruling by the International Court of Justice over Indonesia's agreement with Australia for joint oil exploration off Timor.

The UN court ruled last week that it had no authority to hear a case in which one of the parties, Indonesia, was not included.

Portugal had filed the case with the court asking that the 1989 Timor Gap Treaty between Indonesia and Australia be declared illegal.

"The Indonesian government welcomes the decision by the International Court of Justice in The Hague in a 14:2 vote which convincingly rejects the Portuguese challenge against Australia in the Timor Gap case," the ministry said in a statement.

Trying a case without the consent or presence of all parties to a dispute is against the principles of international law and the statutes of the International Court of Justice.

Despite the dismissal of the case, Portugal and Ramos Horta, an East Timor separatist leader in exile, said the court's ruling was still a victory. Specifically, they pointed to the court's apparent recognition of the right to self determination by the East Timor people.

However, according to the Ministry of Foreign Affairs, the ruling simply restated a general international principle, and that as far as Indonesia was concerned, there was nothing new in it.

"For Indonesia, the right of self determination was already acted upon in 1976 when the East Timorese people chose to become independent by integrating with Indonesia," said the Ministry's statement.

The Ministry is also pleased by the court's ruling that Portugal should not be the only party through which East Timor affairs must be considered.

Australia is also elated by the ruling. Foreign Minister Gareth Evans described it over the weekend as a "very big win for Australia in an extremely important case."

"It confirms beyond a doubt our capacity to continue to explore for oil in territory that we have always claimed is, in fact, Australia's," Evans said in Canberra on Saturday.

Australia is one of the first Western nations to recognize Indonesia's sovereignty over East Timor. It has also been one of the staunchest critics of Indonesia's handling of the former Portuguese colony. (emb)