Yogyakarta - Malaysia has ruled out the possibility of the International Court of Justice helping in negotiations with Indonesia over a disputed oil-rich area on their maritime border.
Presenter: Bo Hill
Speaker: I Made Andi Arsana, lecturer, Department of Geodesy and Geomatic Engineering, Gadjah Mada University
HILL: In 2004 and 2005 respectively, Indonesia and Malaysia awarded oil and gas exploration licences in the area of sea between Indonesia`s East Kalimantan province and Malaysia`s Sabah state. In the rush for energy resources, the two growing economies had, however, handed out licences for areas that overlapped. It prompted a military stand-off defused only by leaders Abdullah Ahmad Badawi and Susilo Bambang Yudhuyono. They pledged to resolve the dispute peacefully through negotiations. I Made Andi Arsana, a maritime border specialist and lecturer at the Gadjah Mada University in Yogyakarta, says in the three years since there has been a lot of talk but not much resolution.
ARSANA: Indonesia and Malaysia have been conducting years of negotiations - as far as I know it has been more than five times. It`s very intensive negotiations, at the very beginning they did it like every three months but then, you know, the frequency is getting lower.
HILL: The talks have stalled, but Malaysian foreign minister Rais Yatim says the two sides have ruled out the use of the International Court of Justice to find a solution. Dr Rais told Malaysian media that for the sake of good relations, the issue will be solved in a cordial manner. Andi Arsana says it is a wise decision not to turn to the ICJ.
ARSANA: In settling international dispute, negotiation is to my opinion, is the best way because in conducting negotiations both parties will have full control to the case, so it means that they can say anything... anything to solve the problem. But if they give this problem or this settlement to the Court of Justice it means they will lose the control.
HILL: Two-party talks also give the neighbours time to study the technicalities of resolving the maritime border dispute. Malaysian foreign minister, Dr Rais, says a joint working group has been formed to conduct the studies, while an independent review will also be commissioned. The list of technicalities to be worked out, however, is long, not withstanding the two other ongoing border disputes between Indonesia and Malaysia as well as others with surrounding neighbours. As maritime border specialist Andi Arsana explains, the list also includes working out the effect of a 2002 International Court of Justice ruling that two previously unowned islands in the area, Sipidan and Ligitan, belonged to Malaysia.
ARSANA: These two islands may potentially generate more maritime area, I mean because it is permitted by international law, that Malaysia will claim more maritime area then it previously did. In conducting negotiations, Indonesia has to acknowledge that also. And then of course we have to agree on all technical requirements. For example, the same nautical chart, because if not we will never agree the same line, the same coordinates, in settling the boundary. And then of course, the second one which is very important for Indonesia, is to provide clear and accurate information to Indonesian people so they are prepared for what happens next.
HILL: There was a rise of anti-Malaysian sentiment in Indonesian media after the two islands were awarded to Malaysia in 2002, and then again after Malaysia issued the oil exploration licence in 2005. It echoed the anti-Malaysian stance of former Indonesian president, Sukarno, in the 1960s. But in more recent times, both Kuala Lumpur and Jakarta have been at pains to emphasis strong bilateral relations and to avoid a repeat of the 2005 stand-off. Mr Arsana says the strong relationship will help.
ARSANA: We have a very similiar cultural background, and we even speak the same language so I think it is a very strong starting point from where we can make negotiation or whatever. I still believe that we have a very, very good relationship.
Source: www.radioaustralia.net (22 Mei 2008)
