Sipadan, Ligitan lost; time to lick the wounds

Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

Indonesia lost the long-standing battle with Malaysia over the Sipadan and Ligitan islands when the International Court of Justice awarded the islands in the Sulawesi Sea to Kuala Lumpur on Tuesday.

Now is the time for Indonesia to tend to its wounds, as Minister of Foreign Affairs Hassan Wirayuda said, "Considering the process of the tribunal, we hope the Indonesian people can accept the decision prudently."

Ending the three-decade dispute and three-year trial process at The Hague, the judges at the court, the highest judicial body of the United Nations, voted 16-1 to award the two islands to Malaysia.

In reaching this conclusion, the court considered the administrative measures taken by British colonizers, who once ruled Malaysia, over the two islands as strong reasons to award the two to Malaysia.

Records on regulations of bird preservation in 1917, tax over collecting turtle eggs in 1933 and lighthouse operations since the 1960s were viewed as administrative proof of Malaysia's authority over the disputed islands.

Malaysian Foreign Minister Syed Hamid Albar welcomed the decision, telling journalists in Kuala Lumpur, "Malaysia has never doubted that the islands belonged to us."

"This will not affect our relations with Indonesia. We have shown that we can settle disputes peacefully, as neighbors," he was quoted as saying by Agence France-Presse.

The Indonesian delegation at The Hague congratulated Malaysia on its victory and Jakarta's ambassador to the Netherlands, Abdul Irsan, said his country would respect the court's judgment.

"What we are trying to do is maintain stability, peace and order in the region," Irsan told Reuters after the ruling.

This marked the first time two members of the Association of South East Asian Nations (ASEAN) had agreed to bring a territorial dispute to the International Court of Justice, which boded well for the future, he added.

Indonesia, nevertheless, cannot hide its disappointment over the decision as it ran contrary to the efforts of the Ministry of Foreign Affairs.

"It is undeniable that we are disappointed, because the hard work of past four administrations failed to achieve the result that we expected," he said at the press conference.

Indonesia is still traumatized by the separation of the former province of East Timor in 1999, and the expulsion of thousands of illegal Indonesian workers from Malaysia last August remains fresh in the minds of many Indonesians.

The decision may have a political impact on the administration of President Megawati Soekarnoputri, as the loss of the two islands occurred during her term in office.

Legislator Effendy Choirie from the National Awakening Party said that the government should explain the loss of the two islands to the people. Otherwise, people would blame Megawati for the loss.

Fellow legislator Ibrahim Ambong from the Golkar Party and chairman of the House of Representatives' Commission I on foreign political affairs took a softer stance, saying that should the people show any signs of disappointment, then the commission would demand an explanation from the government.

Minister Hassan came to defend the current administration, saying that the dispute over Sipadan and Ligitan was a legacy from past administrations and had gone through a long process that traversed the tenure of four presidents.

"It will be very unfair if the people judge the process only at the end, and not from the beginning of the dispute," the minister said.

Chronology of Sipadan-Ligitan dispute

1969: Territorial dispute over Sipadan and Ligitan emerges when Indonesia and Malaysia open their first talks to delineate common borders.

1989: The dispute is brought up again for serious discussion; both countries agree to negotiate a peaceful settlement, with heads of state President Soeharto and Prime Minister Mahathir Mohamad resolving to settle the issue.

1996: Diplomacy fails, the two countries turn to international arbitration via the International Court of Justice (ICJ).

1998: Court proceedings commence.

2002: ICJ rules in favor of Malaysia.