Talks on islands deadlocked

JAKARTA (JP): Negotiations on the disputed islands of Sipadan and Ligitan ended in an impasse yesterday as Indonesia formally rejected Malaysia's proposal for arbitration by the United Nations' International Court of Justice (ICJ).

"At present we as yet do not feel it necessary to involve a third party in resolving the bilateral matter between our two countries," said Izhar Ibrahim, the head of the Indonesian delegation, yesterday.

Even though arbitration remains a viable option, Izhar said efforts at a bilateral solution remain far from exhausted.

The third meeting between the Indonesia-Malaysia working group on the Sipadan and Ligitan islands ended yesterday after three days of talks which reflected the true disparity in the positions of the two "cousins."

"Malaysia hopes Indonesia will approve Malaysia's proposal to bring forth the issue to the International Court of Justice," said Malaysia's chief delegate Ahmad Kamil Jaafar.

Izhar stated that should Indonesia agree to arbitration at some point in the future, the Association of South East Asian Nations' (ASEAN) adjudication mechanism of the High Council must get first consideration.

The dispute over the two tiny islands, located off the east coast of Kalimantan, has lingered following a 1969 agreement to maintain the status quo until legal ownership is determined.

The first meeting of the working group was held in Jakarta in 1992 followed by a second in Kuala Lumpur earlier this year.

Each country lays claim to the islands based on ownership by their former colonial rulers.

Recognizing the potential for conflict, Jakarta and Kuala Lumpur have consciously trodden carefully in seeking a diplomatic resolution.

A speedy and peaceful solution was again reiterated when President Soeharto and Prime Minister Mahathir Mohamad met on Langkawi Island last year to discuss the matter.

Both countries are founding members of ASEAN which also groups Thailand, the Philippines, Singapore and Brunei.

When queried by The Jakarta Post on Malaysia's refusal to employ the mechanism provided within the framework of ASEAN, Jaafar said his government felt the High Council could deliberate indefinitely and expend too much time in reaching a decision.

"If we use an alternate mechanism other than that of the ICJ, in our opinion, it will take time...we don't want the issue of Sipadan and Ligitan to drag on and strain the good relations between our countries," explained Jaafar who is also secretary general at the foreign ministry.

Based in the Dutch capital of The Hague, the ICJ is the main judicial organ of the UN. It comprises 15 members of separate nationalities who decide, based on international law, cases submitted by states.

Borders

Despite Jaafar's explanation, it is important to note that since Malaysia is engaged in border disputes with almost all the ASEAN nations, the High Council could be used as an opportunity to "gang up" on Kuala Lumpur.

Since its creation, the High Council has never been used to resolve border disputes between Malaysia and its ASEAN brothers.

"Why don't we show the world that the mechanism we (ASEAN) established can be used to resolve the problems between the two countries," insisted Izhar who is also director general of political affairs at the foreign ministry.

Izhar rejected suggestions that the High Council may be biased in its judgment, adding that the Council truly understands the internal difficulties that others outside of ASEAN do not.

Commenting on the many documents exchanged between the two countries, Izhar said it was the quality and not the quantity that mattered.

During the talks in Jakarta, Malaysia added an additional 22 documents to the 67 already presented.

Nevertheless Izhar revealed that many of the documents handed over were irrelevant to supporting Malaysia's claims.

The results of the talks will now be passed to the foreign ministers of the two countries to be discussed in future negotiations.

Prime Minister Mahathir is scheduled to arrive here and meet with President Soeharto in five days, during which time the results of the joint working group are expected to be communicated.(mds)