Talks on islands deadlocked

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)