http://www.indonesianembassy.org.nz/PressRelease737-04-xii-2002.htm
Issued by the Indonesian Embassy Information and Cultural Section P.O. Box 3545, Glen Road, Kelburn Wellington. No : 737/04/XII/2002 -------------------------------------------------------------------------------- Unofficial Translation PRESS STATEMENT MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF INDONESIA Following the Decision by the International Court of Justice on the Sipadan-Ligitan Case Jakarta, 17 December 2002 At a seating which began at 10 a.m. local time in The Hague, or 4 p.m. local time in Jakarta, today, the International Court of Justice at 17:45 West Indonesian Time issued its decision on the case of the Dispute between Indonesia and Malaysia concerning the sovereignty over Pulau Sipadan and Pulau Ligitan. The International Court of Justice has decided that Malaysia shall have the sovereignty over Pulau Sipadan and Pulau Ligitan based on the principle of "effectivitee", namely that the British authorities have carried out concrete administrative acts as a reflection of its sovereignty over the islands, namely the issuance of ordinance on birds sanctuary, collection of levis on collection on turtles eggs since the 1930s and the operation of life houses since the early 1960s. Meanwhile, the tourism activity carried out by Malaysia for the past fifteen years was not a consideration. Conversely, the Court rejected Indonesia`s argument based on the 1891 Convention which is considered only to govern the land border between the countries on Kalimantan. The 40 10` parallel of latitude is interpreted to project out to the sea for distance of 3 miles from the east of island of Sebatik in accordance with the then applicable law of the sea which sets the territorial sea at 3 miles. The Court also rejected Malaysia`s claim on the island based on chain of title from the Sultan of Sulu. It is almost inevitable that there is a sense of disappointment that the maximal effort carried out by four governments since 1994 did not in fact yield the result which we all hope. An important fact which we must be aware of is that the Law No.4 of 1960 which on the Archipelagic Principle wherein we draw the baseline by linking the outermost points of the outermost islands of Indonesia, the 2 islands of Sipadan-Ligitan were not included in the map. It is also to be noted however that Malaysia also did not include the islands in its maps until as late as 1979. However, we are obliged to honour the Special Agreement for the Submission to the International Court of Justice the Dispute between Indonesia and Malaysia concerning the Sovereignty over Pulau Ligitan and Pulau Sipadan signed on 31 May 1997. The Government of Indonesia therefore accepts the decision as final and binding. The Government of Indonesia believes that the entire legal process to solve the dispute through the International Court of Justice has taken place in a fair, transparent, responsible and dignified manner. I wish to take this opportunity to underline the importance of the decision of the ICJ, within the context of bilateral relations between Indonesia and Malaysia as well as regional interactions among the Southeast Asian countries. The fact that Indonesia and Malaysia agreed in 1997 to submit the case of Pulau Sipadan and Pulau Ligitan through the International Court of Justice has clearly reflected the political commitment of the two countries to settle the dispute peacefully. This commitment could only be made possible within a conducive political environment both bilaterally and regionally which also reflects the maturity in the interaction between the two states. A politically sensitive issue, which involved claims of sovereignty over two islands has been resolved peacefully based on the decision made by the 2 parties themselves and not through mutual recrimination. We should not belittle the significance of these peaceful resolution process. As a result, not only have we avoided the possibility of an armed conflict and the potential losses resulting from it, a valuable investment in the development of a peaceful and prosperous region. At the same time, efforts to resolve the Sipadan-Ligitan dispute through the International Court of Justice is the first case in the region, and sets a precedent and serves as an example for future interactions among the countries in the region. Hence, it strengthen the importance of the use of peaceful means in settling territorial or any other disputes in the Southeast Asian region. For Indonesia, the manner by which the case of Sipadan-Ligitan has been resolved, spanning during the challenging period of transitions, reflects the courage and wisdom of the leaders and the people of the nation. It is my fervent hope, and I believe it is also the hope of the people of Indonesia and Malaysia, that the decision by the International Court of Justice on the case of Sipadan and Ligitan would close one chapter of the history of the bilateral relation between Indonesia and Malaysia. Indonesia and Malaysia jointly inherited this issue from the British and Dutch colonial authorities who did not managed to resolve the issue in 1891. Since then until today, we have been called to overcome the issue of sovereignty over the islands which have been marked by inconsistent written legal conventions and state practice and therefore open to various interpretations. It is hoped that today`s decision would open a new chapter of more cordial, mature, and productive relations between the Government and the people of the two neighbouring countries, for many generations to come. Settling a dispute peacefully, once and for all, is the best possible legacy that we can bequeath to the present and future generations. On this occasion, on behalf of the Government, I would like to express my thanks and appreciation to all members of the government task force and to the team of international lawyers for their contribution to the Government`s effort to do its best to resolve the Sipadan-Ligitan dispute. I would also like to express thanks and appreciation to all members of the mass media, electronic as well as printed, for disseminating the entire legal process in an objective manner, particularly accurate facts, as a result of which there is a good understanding of the issue and, it is expected, an acceptance of this decision by all Indonesians. 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