Indonesia argues for isles in world court case against M'sia

comments     Gerald de Hemptinne     Published     Updated

THE HAGUE - Indonesia pointed to a 19th-century colonial treaty to uphold its sovereignty claim, challenged by Malaysia, over two resource-rich islands as the International Court of Justice on Monday began hearing the case in the Netherlands.

The territorial dispute concerns Sipadan and Litigan, islands in the Sulawesi sea off Sabah that are a diver's paradise - and more importantly, known to be rich in oil and natural gas reserves.

In opening remarks, Jakarta's representative Hassan Wirajuda cited a 1891 Anglo-Dutch treaty signed by the region's former colonial powers as one of the main arguments to be used in the two-week hearing.

"Large or small, states take issues of sovereignty seriously, and Indonesia is no exception," he said.

"Being a country comprised exclusively of islands, this case is particularly important to my government and to the people of Indonesia."

This is the first Southeast Asian territorial dispute to go to the ICJ, the supreme legal body of the United Nations.

Diplomats say it is a reflection that countries in the region are able to settle their differences through legal channels.

Sipadan drew international attention in April 2000 after a band of Muslim rebels - the Abu Sayyaf gang from neighboring Philippines - raided the island and kidnapped 21 Malaysians and foreigners.

Hoping to win

In Kuala Lumpur, Deputy Prime Minister Abdullah Ahmad Badawi called his country's argument "well prepared" and added: "We hope we will win."

He said Malaysia would be represented by Foreign Minister Syed Hamid Albar and legal officials from the attorney-general's chambers.

Asked if Kuala Lumpur or Jakarta would lodge an appeal if they lost, Abdullah said: "Malaysia and Indonesia have agreed that we will accept the decision."

The dispute with Malaysia dates back to 1969 when the two countries, unable to define the boundaries, decided to maintain the status quo borders temporarily.

Wirajuda accused Malaysia of having destroyed the status quo, "first by issuing maps showing the island as Malaysia, and later by erecting a series of tourist installations on Sipadan."

Wirajuda said that despite the territorial row, "relations between the two countries remain excellent."

The two countries signed an accord in May 1997, handing the ICJ responsibility for resolving the dispute "in the spirit of friendly relations," adding that they would accept the court's decision as "final and binding upon them".

Another outstanding territorial dispute is the claim over the Spratly islands by China, the Philippines, Taiwan, Brunei, Malaysia and Vietnam.

There are also overlapping claims by Malaysia and Singapore to Pulau Batu Putih, an island off southern Malaysia's Johor state.



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