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.
Minority rights - Status and Scope
By F.J. Leon-Diaz, 2002
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
The Legal Position of the Republic of the South Moluccas in the International Legal Order and an action plan for the international community, especially the United Nations, to assure the realization of the right to self-determination of the Malukan people.
By Karen Parker, J.D. - March 1996
Since the demise of the United nations Commission for Indonesia there has been no regular effort by the international community to resolve the long-standing crisis in Maluku.
According to basic principles of international law, the governments of both the Netherlands and Indonesia (the successor state to the Republic of the United States of Indonesia are responsible for and obligated to insure implementation of the Agreements, including the peoples' right to self determination. As discussed above, the government of the Netherlands did express concern to the United Nations Commission for Indonesia at the time Indonesia was consolidating power as a unitary state in violation of the Round Table Conference Agreements. However, there has been very little action by the Netherlands government since, in spite of the unresolved situation of many Malukans still residing in the Netherlands.
In 1994, the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities introduced a resolution on Indonesia mentioning, inter alia, the Moluccas and Acheh, but failed to take action on it.
At this point, the international community should act as follows:
1. Governments should communicate to Indonesia that they do not recognize Indonesian sovereignty over Maluku.
2. The United Nations Commission on Human Rights and its Sub-Communications should, directly through specific resolutions and indirectly through the reporting of thematic rapporteurs, address the situation in Maluku, including presentation of the numerous and very serious human rights and humanitarian law violations perpetrated by the government of Indonesia and its forces in Maluku.
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.
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.