SOUTH MOLUCCAS ISLANDS’ ILLEGAL OCCUPATION BY JAKARTA
THE LEGAL POSITION OF THE
REPUBLIC OF THE SOUTH MOLUCCAS The Republic of the South Moluccas warrants international recognition because: · The people of the South Moluccan islands, who have continuously sought independent statehood, comprise a separate and distinct population, occupying a separate and distinct geographical area; The South Moluccas - Rebellious Province or Occupied State
(The legal position according to international law) by Gesina H. J. van der Molen The legal position of the R.M.S. within the existing international order is one of the most important aspects of the whole problem. The first question to be decided is whether this young republic has a legal title that gives it a right of existence in the world community of states. If so, the case of the R.M.S. is a strong one, whatever its political merits may be. This contention may be disputed by those who have doubts as to the practical value of juridical speculations. They may argue that in international life things are not decided on their legal merits, but on totally different considerations. Power politics are today as predominant as ever. Political, economical and military interests carry a much higher weight in the scale than law and justice. Without denying these facts we must realize at the same time that there will never be anything like an international order so long as law and justice do not play their due part in the solution of international problems. Perhaps we shall never arrive at a state of affairs in which the law of nations will be the only standard for measuring right or wrong. But all the same it is an unmistakable fact that there will be no chance whatever for peace and security in this world if no justice is done and the rules and principles of the law of nations are constantly overridden.
Minority rights - Status and Scope
By F.J. Leon-Diaz, 2002 The Moluccas. The Netherlands, as had Great Britain, amalgamated many unrelated nations and placed them under the colonially- imposed "unitary" state system --under one rule. At the time of de-colonization there was great difficulty in reaching an agreement as to what should happen to all of those formerly independent island nations. The strongest and most populous group was the Javanese, centered in Jakarta although also located elsewhere in the islands. The Javanese became the bargaining power. So through the Netherlands and the Javanese and with the cooperation of the United Nations at that time, Indonesia was to come into being. The de-colonization instrument, called the Round Table Conference Agreements of 1949, was between the Netherlands, the Javanese - Indonesian leadership and the United Nations. The new State to be formed was to be called the United States of Indonesia and was to be made up of the Javanese islands to be grouped as "the Republic of Indonesia" and other co-equal "republics." The Moluccas was to be part of the Republic of East Indonesia. The Round Table Conference Agreement had several "opt-out" provisions offering provisions for both internal and external choices. For example, the populations of territories were to be given a plebiscite to determine "whether they shall form a separate component state.
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This is the flag of the RMS -South Maluku Republic, which was a part of the Republic of East Indonesia (Republik Negara Indonesia Timur) under which it had secured the right to leave (become independent).
Although this right was maintained at the infamous Hague Round Table Conference in 1949 which saw the combination of the Republik Negara Indonesia Timur and the Jakarta based Republik Indonesia as a federation, the South Moluccas exercised this right and declared independence on April 25, 1950 when they realized what Sukarno's ultimate plans were. Indonesian federal troops then invaded South Maluku to forcefully incorporate it into Indonesia. The RMS cause is currently mainly promoted by the Front Kedaulatan Maluku, whose leader dr. Alex Manuputty are tried unlawfully in absentia for treason (being separatists and waving the RMS flag as is their legal right under international law). Alex Manuputty now lives in the USA campaigning for recognition for their cause while the Indonesian authorities try to coerce the US State department into deporting him, an act many say would result in his death.
Koridor January 27, 2001
An Indonesian soldier sprays paint on flag of Republic of South Maluku painted on the wall of Kuda Mati Red Cross tunnel In Ambon on May 3, 2002
RMS as a boomerang for Indonesia
by Helmi Wattimena; Chairman FKM-USA Washington DC April 28, 2001 First let me express my gratitude to God and appreciation to the sponsors of this meeting in giving FKM the opportunity to address the audience here at the Conference on Aceh. We would like tcommunicate to you that at the end of the 20th century and at the beginning of the 21st century marking the end of the second millennium signify a period of time that will be remembered as a painful period for a civilized Moluccan society. A period of time where human, moral, and religious values as well as the rule of law appears to have no meaning whatsoever. The rights of the Moluccan people have been violated. Even wild animals have shown greater appreciation for the above aforementioned values. |