Sipadan, Ligitan dispute continues

Sipadan, Ligitan dispute continues

By Alfitra Salamm

JAKARTA (JP): A quarter century has passed, but there is still
no light at the end of the tunnel as far as the conflict over the
Sipadan and Ligitan islands is concerned. So far, the definitive
owner of these two islands has yet to be negotiated. What is
obvious is that the working groups from the two disputing
countries, Malaysia and Indonesia, have sat together for the
third time with no significant result.

The Langkawi meeting between President Soeharto and Prime
Minister Mahathir Mohamad on July 17, 1993, had talks over the
dispute on the Sipadan island on its agenda. But, apparently, the
summit as well as the working group meetings only served the
purpose of keeping the tension under control rather than finding
the real solution.

The confrontation between Indonesia and Malaysia (1963-1966)
has taught a hard lesson, and it is regarded as a joint sin that
should never be repeated. This bitter past always haunted both
the Malaysian and Indonesian peoples in the years after the end
of the confrontation up to the early 1980s, and therefore they
always called on the brotherhood spirit to find the solution to
whatever problems that might come up between them.

The dispute on the Sipadan and Ligitan islands, which started
in 1969 as the two countries were in the process of determining
their continental shelf boundaries, was settled by resorting to a
status quo. The status quo was considered the best option at that
time.

Malaysia's shift from semangat serumpun (the brotherhood
spirit) to a more rational relationship, that started in 1980s,
has brought about a change in the relationship between this
country and Indonesia. This change appears to have complicated
the efforts of finding satisfactory solutions to problems that
arise between the two neighbors.

The situation is even more complex when it comes to Sipadan
and Ligitan, as it clearly embodies a competition for sea
resources and the strategic location of the two islands. However,
since the trauma of the confrontation still trails the two
peoples, it is hard to imagine the outbreak of a 'civil war' that
some people in the Indonesian House of Representatives have
worried about. The determination to settle the dispute through
diplomatic efforts is evident in the agreement between the
Indonesian and Malaysian governments to avoid the use of arms.
This agreement was signed two years ago.

At present, there is an indication that Malaysia has chosen a
less accommodating stance in the effort of finding a solution. In
the eye of the Indonesian government, by deciding to allow
tourism activities on the Sipadan island, Malaysia tends to
disregard the agreement to maintain the status quo. Furthermore,
last year's maneuver drills involving combined troops of Malaysia
-- with a scenario that included recouping an island -- could be
seen as a psychological warfare against Indonesia.

In seeking an end to the dispute, the two countries have
always shied away from any third-party intervention. One reason
for this is the lack of strong evidence that could be used in
their argumentation.

Therefore, Malaysia's initiative of suggesting to bring the
case before the International Court in The Hague, the
Netherlands, is perhaps not the best option. If Malaysia
continues to press on with this suggestion, it may be viewed as a
disregard of the existence of the Association of South East Asian
Nations (ASEAN).

Until today, ASEAN member countries have never requested the
help of the ASEAN High Council in settling their conflicts. The
Sipadan and Ligitan dispute is actually a very good opportunity
for both Malaysia and Indonesia to establish the credibility of
ASEAN further by letting this organization assist them in finding
the solution.

The best solution is, of course, one that comes out of
bilateral negotiation. If a bilateral agreement were to be
sought, one possible alternative would be to establish joint
operations on the two islands based on common economic, defense
and security interests.

At any rate, a solution should be reached as soon as possible
-- rather than letting it become a thorn in the side of the
relationship between Malaysia and Indonesia.

The writer is a researcher at the Indonesian Institute of
Sciences and an official of the Insan Politika Foundation in
Jakarta.