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How to settle border disputes and troubles between neighbors
Disputes between Thailand and Cambodia in relation to an ancient temple called Preah Vihear located in their border area have been in the news for quite a while
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Disputes between Thailand and Cambodia in relation to an ancient temple called Preah Vihear located in their border area have been in the news for quite a while. It seems that the negotiations between the two neighbors have not worked out very well.
In a talk on Oct. 12, 2008, the two States' foreign ministers failed to agree on the territorial dispute that has recently erupted into a brief military clash (The Jakarta Post, Oct. 13, 2008). They are having problems with borders.
Meanwhile, Indonesia also faces problems regarding borders. Cases of fishermen being seized in the Malacca Strait are no longer surprising news for some of us. Not only that, the narrow Strait of Malacca is full of stories concerning border-related incidences -- armed robbery and ship hijacks, to name only a few.
It seems that the maritime jurisdiction dividing lines between Indonesia and Malaysia have not yet been completely settled. Indonesia and Malaysia still face troubles with borders.
Border crossing in the Arafura Sea and Timor Sea by fishermen are also often in the news. It is even worse that Indonesian fishermen were captured, put into jail and their vessels intentionally burnt (Antara, May 5, 2008).
Maritime boundaries were settled a long time ago between Indonesia and Australia but problems remain. Drawing lines in the sea is apparently not the end of the story. The dissemination of information concerning boundaries to relevant parties and good collaboration in border management seems to be another issue which needs to be taken seriously.
We live in a dynamic world where borders and frontiers are changing, not only internationally but also nationally. Indonesia once had 27 provinces, now there are 34. New lines dividing territory are generated and new zones of jurisdictions are born.
Goenawan Mohammad once wrote that God might not bless the maps men have created -- that is why new border lines keep cropping up on world maps.
Creeping jurisdiction is obvious. Australia has just been granted around 2.5 million square kilometers of outer continental shelf and seabed beyond 200 nautical miles from its coastline.
Now Australia is significantly larger in its sovereignty than it was before. Last month, New Zealand also secured 1.7 million square kms of new continental shelf, which accounts for six times its land territory.
New Zealand, just like Australia, is now larger than ever. Indonesia is no different. With 11 other States in the world, Indonesia is also proposing to secure an outer continental shelf.
Should this proposal be agreed to by the United Nations Commission on the Limits of Continental Shelf, Indonesia's boundaries will change. The map will eventually change.
In 2002, after the 1999 referendum, Timor Leste became an independent State. The old border lines on the Timor Island between Indonesia and Portugal then needed to be returned to.
Since then, Indonesia and Timor Leste have been working hard to settle their land borders. It seems that returning to the lines agreed to by the Netherlands and Portugal on the Timor Island in the 19th century has not been accomplished. It was revealed that 97 percent of the land boundaries have been settled (The Jakarta Post, April 30, 2008).
Indonesia and Timor Leste need to complete land border demarcation and then continue to delimit their maritime boundaries in the Ombai Strait, Wetar Strait and the Timor Sea.
Apparently, Indonesia and Timor Leste still have homework to do and it will ultimately change their maps. Goenawan Mohammad may be right, God might not agree to the maps men have created.
It is commonly accepted that land and ocean resources are for peaceful purposes and to benefit mankind. Nobody should prevent others from accessing those resources for living purposes.
The question is that whether borders dividing territory, sovereignty and sovereign rights are still required? Yes they are required. Borders, in this perspective, are not to generate inequality but, in contrary, justice. Borders are required to specify the limit up to which a party (State, province, district, village, etc.) is responsible to maintain and manage.
This is not only to explore and exploit, but most importantly and ideally, to conserve and to protect resources from overexploitation. Ideally speaking, borders are required to balance the rights and obligations of concerned parties.
Settling and maintaining borders requires expertise from corresponding parties. It deals with, among others, legal, social and technical aspects. Legal knowledge of maritime jurisdiction, for example, should be coupled with a good understanding of geodetic aspects since the determination of maritime jurisdiction limits will involve mapping of positions with appropriate coordinates.
Furthermore, a comprehensive understanding concerning social behavior of people residing in border areas is essential. It has to be ensured, for example, that local people will not be disadvantaged by the creation of new borders.
Having said the above, education and training regarding border settlement is essential. Relevant knowledge and expertise are important not only for those working in government institutions but also for people in private sectors whose work is related to boundaries.
People working in offshore oil and gas exploration and exploitation, for example, should find this knowledge essential. The projects often take place in areas where maritime boundaries exist or are required. In addition, no exploitation activities will take place without certainty concerning maritime boundaries in the concerned area.
Borders are important for good relationships between parties and also for effective management of resources. It has been evident that the absence of borders may lead to serious disputes and even wars. Therefore, establishing and maintaining good fences should be the priority of governments by preparing adequate resources to do so. More changes will take place on world maps due to the emergence or disappearance of borders but we do not want these changes to be harmful for the life of mankind.
The writer is a lecturer in the Department of Geodesy and Geomatics, Gadjah Mada University, Yogyakarta. He is currently an Australian Leadership Award Scholar (PhD candidate) at the University of Wollongong. This is his personal opinion. He can be reached at madeandi@ugm.ac.id
