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
INTERNATIONAL ACTION
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.
By Karen Parker, J.D. - March 1996
INTERNATIONAL ACTION
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.
