R E P U B L I K M A L U K U
(Republic of the Moluccas)
AN INDEPENDENT MOLUCCAN STATE BY VIRTUE OF THE RIGHT
OF SELF-DETERMINATION?
translated 10.06.93
On April 25th 1992, a new Government, The Government of the Republic of
the Moluccas in Exile has been formed, with Mr. J. Sounauwe as
President.
This new Moluccan government in exile is formed on the initiative of the
of the Moluccan political organisation "Homeland Mission 1950". The main
aim is to obtain the independence of the Republic of the Moluccas.
AFTER THE TRANSFER OF SOVEREIGNTY FROM THE NETHERLANDS-INDIES TO THE
UNITED STATES OF INDONESIA IN DECEMBER 1949, AN INTERNAL STRIVE BETWEEN
THE UNITARIAN GROUP AND THE FEDERALISTS BEGAN. THE UNITARIAN GROUP WAS
AIMED AT A UNITARIAN STATE WHILE THE FEDERALISTS STOOD BY THE DECISION
MADE DURING THE ROUND TABLE CONFERENCE (R.T.C. - TREATY) AUGUST 3RD -
NOVEMBER 2ND 1949; DETERMINING THAT INDONESIA WILL BECOME A FEDERATE
STATE. SEVERAL FEDERATE STATES JOINED THE REPUBLIC OF INDONESIA, WHICH
HAD THE DISPOSAL OF THE STRONGEST MILITARY TROOPS. ONLY THE FEDERATE
STATE EAST-INDONESIA LEFT OVER, OF WHICH THE MOLUCCAS MADE A PART.
ON APRIL 25TH 1950, THE REPUBLIC OF THE SOUTH MOLUCCAS WAS PROCLAIMED IN
AMBON, CAPITAL CITY OF THE REPUBLIC OF THE SOUTH MOLUCCAS.
THE MAIN REASON FOR THE PROCLAMATION WAS THAT THE MOLUCCAN PEOPLE DID
NOT WANT TO LIVE IN A UNITARIAN INDONESIAN STATE. THE MOLUCCAN PEOPLE
WERE ALWAYS LOYAL AND HAD BEEN FIGHTING ON THE SIDE OF THE DUTCH DURING
THE DECOLONISATION-PERIOD FOR SO MANY YEARS.
AFTER NEGOTIATION BETWEEN THE REPUBLIC OF THE SOUTH MOLUCCAS AND
INDONESIA HAD FAILED, INDONESIA BLOCKED THE MOLUCCAN ISLANDS. FROM JULY
THE MILITARY ATTACKS STARTED ON THE YOUNG AND INDEPENDENT STATE AND
FINALLY IN NOVEMBER 1950 AMBON WAS DEFINITIVE OCCUPIED.
ON THE SURROUNDING MOLUCCAN ISLANDS, AMONG OTHERS CERAM, THE GUERRILLA
AND RESISTANCE CONTINUED. BUT AS IT IS VERY HARD TO RESIST UNDER AN
OPPRESSIVE POWER, THE STRUGGLE FOR INDEPENDENCE CONTINUED FROM THE
NETHERLANDS.
At first there existed two organisations striving for the Independence
of a free Republic of the South Moluccas.
The organisation led by Mr. J. Manusama has focused his policy through
the years mostly on social elements of the stay of Moluccan people in
the Netherlands. Mr. I.J. Tamaela lead the other organisation, a
government in exile and emphasised the strive for independence on
international level, especially on the United Nations in New York. Mr.
I.J. Tamaela obtained a concrete result: the African state Benin
recognised the Republic of the South Moluccas a an independent state.
Unfortunately, after Mr. I.J. Tamaela died in 1978, his organization was
less active in the struggle for independence.
The Government of the Republic of the Moluccas in Exile is formed on
April 25th 1992, on the initiative of the Moluccan political
organisation "Homeland Mission 1950", which is a member of the United
Nations Working Group on Indigenous People.
After many years of attending and participating the United Nations
conferences in Geneva from 1985 until present day and making
international contacts in New York and Washington, it seemed, focusing
the developments in the international community and politics, necessary
to form a government.
A major difference between this new government and the above mentioned
organisations is, that the new government strives for the independence
of the entire Republic of the Moluccas and not only for the territory of
the South Moluccas. the Government of the Republic of the Moluccas in
Exile emphasises the fact that the strive for a Free and Independent
Republic of the Moluccas should be focused on international politics and
the international community.
DOES THE RIGHT OF SELF-DETERMINATION PROVIDE A SOLUTION?
Originally the right of self-determination as such was not recognised in
the United Nations Charter.
However, after World War II, as a consequence of the appeal for
decolonisation, the principle of self-determination which was
constituted in the United Nations Charter, now had been developed to the
right of self-determination, through several resolutions in the Charter
of the United Nations.
The right of self-determination is constituted amongst others, in the
articles 1, 55, 73 and 76b. The right of self-determination may be
defined as follows: the right of a people, living in a determined
territory, to declare the political and juridical status of that
territory.
However, this definition does not make very clear to whom the right of
self determination is applicable; according to the Charter to the
sovereign equality of existing states or the right of a state to choose
and determine its own form of government or even the right of a people
or territory to choose and determine its own form of government
irrespective of the wishes of the state of which the people or territory
is part of.
ln the first meaning, the right of self-determinations is granted to
Indonesia; according to the second definition, the Moluccan people can
claim the right of self-determination. The classical international law
recognises the first definition.
The right of self-determination in art. 73 and 76, art. 73 "Declaration
regarding non-self-governing territories" and art. 76 "International
trusteeship system" recognised the second definition of the right of
self-determination. this can be derived from resolution 1514 (XV) 1960
concerning the Declaration of the Granting people of Independence to
Colonial Countries and People. This resolution interprets art. 73 as
follows: "All people have the right to self-determination, by virtue of
that right they freely determine their political status and freely
pursue their economic, social and cultural development." It is clear
that the right of self determination is applicable on trust territories,
territories under a mandate and non self-governing territories.
The right of self-determination may only be practised without affecting
the colonial borders. Since the development of the principle of self-
determination to a right of self-determination seemed to be a solution
for the decolonisation problem, the realisation in the United Nations
was developed that the right of self-determination might also offer a
juridical solution in cases which are not related to decolonisation.
Several resolutions of the General Assembly of the united Nations
declare that the people of South Africa and the Palestine people have
the right of self-determination.
From the so-called "COB-report", 1984 you can conclude that there is an
development to a different practise of the right of self-determination.
The United Nations Sub-Commission on Prevention of Discrimination and
Protection of Minorities took the initiative to make this report;
explicitly concluding that indigenous people have the right of self-
determination. This report contains several ways of autonomy, the
filling-up of this right is of the people itself.
Another, in 1991 established non governmental organisation in the
U.N.P.O. (United Nations and People Organisation) which offers an
international forum to unrepresented nations and people to ask attention
for their ideals.
The above outlined developments in the United Nations point to a
juridical development which can make an adjudication of the right of
self-determination beyond the colonial context, possible. This may offer
prospects to the strive of a Free and Independent State of Moluccas.
The essence of the United Nations Working Group on Indigenous People and
the U.N.P.O. may not be underestimated; as a juridical standard mostly
is a result of a political anticipation on the changing international
community, emphasised by organisations.
-- Via DLG Pro v0.995
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/ Fido Net 1:352/333 206-786-9629 /
/ Director Center For World Indigenous Studies /
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