Dispute with Indonesia may be referred to third party: Malaysian FM

Malaysian foreign minister Anifah

Malaysian foreign minister Datuk Seri Anifah Aman said on Sunday 10th April that the border dispute between Malaysia and Indonesia may need to be referred to a third party or to international arbitration if ongoing talks to resolve the matter remain deadlocked.

The comment marked a major change in attitude, as both sides had previous avoided suggestions of third party intervention, saying they would be able to resolve the issue bilaterally.

Anifah spoke to Malaysian reporters in Jakarta, which he was visiting as part of an ASEAN-Japan meeting. His comments reflected the stalemate the border negotiations have long been at. He said that the technical border committee had met 18 times over the past seven years, but that no progress has been made because both sides refused to compromise.

"If we can't solve its technical aspects, then we can't solve its political aspects and we want to avoid untoward incidents. So there may be a need for us to refer this to a third party for solution,” he was quoted in Malaysian news agency Bernama as saying.

"At the moment though, it has not reached to that stage. InsyaAllah we will try our best to find ways to solve this problem," he told reporters.

Anifah highlighted the importance of the solving the dispute to provide territorial certainty, especially to fishermen, who frequently encounter problems when fishing near the borders.

A group of Malaysian fishermen are currently being held by Indonesian authorities, accused on encroaching into Indonesia's territory in Riau on 8th March.

Speaking on the issue, Anifah said that Malaysian authorities had reported that the Indonesian enforcement agency's boat had encroached into Malaysian waters.

"I don't want to say who is right or who is wrong. Indonesia will say they are right and I have confidence in what our authorities have reported, but what is important is the manner in which we deal with this," he said.

"This is what complicate matters and I have brought this issue to the Indonesian Foreign Minister, Dr Marty Natalegawa, on the sidelines of the meeting yesterday that if we continue to delve into who is right and who is wrong, then we won't be able to come up with a solution," he said.

A further issue emerged when two Malaysian boats were detained by Indonesian authorities in the Malacca Strait last week, on suspicion of fishing illegally with trawl nets. Malaysia officially protested against Indonesia's detention of the two ships on Friday 8th April, according to the Jakarta Post. A spokesman for Indonesia's embassy in Malaysia, Suryana Sastradiredia, said the embassy had recieved the letter, which argued that the boats were fishing in Malaysian waters in the Malacca Strait, not Indonesian waters.

The letter also said that two helicopters sent to the scene by the Malaysian Navy were threatened by the Indonesian sea patrol with guns.

Anifah commented on this issue to reporters, and reiterated the Malaysian stance that it was the Indonesian boat that had violated international law. He said that the boats were seized in Hutan Melintang, Perak on the Malaysian side of the Malacca Strait, about 45 km from the maritime border.

Anifah said video recordings showed that the Indonesian fisheries enforcement agency had entered Malaysian waters and had towed the Malaysian boats into their territory.

Anifah said he had conveyed his concern over the issue to Natalegawa.

Sources: Jakarta Post, Bernama, BNO News

For more information on the dispute between Indonesia and Malaysia, please see the Menas Borders website, here.

Indonesia to send observation team to monitor Thai-Cambodia border

Indonesian FM Marty Natalegawa (C) with Cambodian FM Hor Namhong (L) and Thai FM Kasit Piromya

The Indonesian Defense Ministry has prepared an observer team that will monitor the armistice between Thailand-Cambodia at the border of the two countries, according to Indonesian news sources.

“We will announce it when it is confirmed,” said Defense Minister Purnomo Yusgiantoro at his office in Jakarta on Wednesday 23rd February. He would not however, specify the composition of the team or when it would be established.

 

Purnomo was responding to Thailand and Cambodia's request for Indonesia to arbitrate their conflict, made during meetings in Jakarta on Tuesday 22nd February.

 

Both countries have agreed to a ceasefire after a border conflict two weeks ago left at least eight dead. The request was welcomed by the Indonesian government, which has responded by planning the observer team.

“The government will first send an advanced team to gather initial information,” said Foreign Minister Marty Natalegawa following an informal ASEAN Foreign Ministers' Meeting at the Foreign Department's office in Jakarta on Tuesday, 22rd February.

Marty did not confirm the number of people in the team, but estimated there would be no more than 20 people in each. There will be two teams assigned at the Thai and Cambodian borders. “We haven't decided the leaders yet. Normally they would be military officers. I think there will be more military members,” he said.

Regarding the suggestion to form the observer team, Marty said he had spoken to President Susilo Bambang Yudhoyono, Defense Minister Purnomo Yusgiantoro, and Indonesian Armed Forces Commander Admiral TNI Agus Suhartono. “It won't be in weeks, it will be formed within several days ,” he said.

According to Marty, if one of the countries violates the armistice at the border, the observer team will note it in the report. Later, the report will be submitted to the Indonesian government as the ASEAN 2011 leader. “We then will convey to both parties who has violated and why,” he said.

While the decision to bring in outside observers may appear to be a victory for Cambodia, who has long pushed for third party intervention, the Bangkok Post sounded cautiously optimistic that having observers there would prevent Cambodia from painting the picture of their victimhood at the hands of their larger neighbour.

The larger issue of border demarcation is still in the hands of Cambodia and Thailand, and while Cambodia wants to take the issue to the International Court of Justice, Thailand continues to put its faith in the Joint Boundary Commission (JBC). The date for the first meeting of the JBC since the clashes has not been set, and it is clear that the two sides are currently far apart from each other in their views.

Attention is starting to be turned towards the General Border Committee (GBC), a grouping chaired by the respective defence ministers. Despite the clashes, military ties are closer than the diplomatic ones, and it is hoped that the next GBC meeting will result in a pledge by both sides to end confrontation and restore peace at the border.

Determining ownership over the 4.6sq km at the base of the Preah Vihear temple – the main cause of tension – is beyond the mandate of the GBC however, and will require higher powers to fix.

Sources: Bangkok Post, TEMPO Interactive

For more information, see the Menas Borders website, here.