An Independent Moluccan State by Virtue of the Right of Self-Determination? A statement by the Republic of the Maluccas in Exile - June 6, 1993

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           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

                 Secretary homeland mission 1950
                           P.O. Box 53
                6980 AB Doesburg, The Netherlands
                 Telephone/Telefax 08334-7 53 88


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. 


                            ATTACHMENT

           R  E  P  U  B  L  I  K     M  A  L  U  K  U

                      (Republic of Moluccas)


                       Meppel, May 26, 1993



To:          Mr. Dr. R. Muler
             Ambassador of the
             Republic of the Moluccas in Exile

From:        Mrs. C. Bernard
             Dept. Foreign Affairs

Dear Mr. Muller,

Please find below a short telephone-interview with Mrs. 
Soumokil, spouse of the executed President of the Republic of the South 
Moluccas, Mr. Dr. Chr. Soumokil. 

Subject: The execution of Mr. Dr. Chris Soumokil 

1.  ARREST
    ~~~~~~
    On December 2, 1962, Mr. Dr. Chr. Soumokil, his wife, his son 
    Tommie and the sister of Mrs. Soumokil were arrested in the 
    interior of mother island Ceram (Moluccas) by Indonesian militaries 
    and transported to Ambon. They stayed in Ambon for one night, the 
    next day they have been taken to Jakarta (Indonesia) by aeroplane. 

2.  At the airport of Jakarta, they have been delegated to the 
    Indonesian Military Police. Mr. Dr. Soumokil had been taken to 
    prison. Mrs. Soumokil, her son and her sister had been released and 
    the Indonesian government accommodated them. Mrs. Soumokil received 
    permission to visit Mr. Dr. Soumokil. 

3.  Mr. Dr. Soumokil had been taken to prison in Tjipinang (Indonesia). 
    About 3 years he stayed there in the "condemned cell". After the 
    trial by the Military Court of Justice of Indonesia, Mr. Dr. 
    Soumokil was sentenced to death. On April 11, 1966, Mrs. Soumokil 
    and her son Tommie were given permission to pay a last visit to Mr. 
    Dr. Soumokil from 08.00 AM to 11.30 AM to say good-bye to each 
    other. 

4.  On April 12, 1966, at 01.00 AM Mr. Dr. Soumokil had been taken by 
    the Indonesian Military from the condemned cell and transferred by 
    motorboat to the island Obi in the archipelago Pulau Seribu 
    (= thousand islands) at the north-west of the bay of Jakarta to be 
    executed. Before the execution, Mr. Dr. Soumokil was given the 
    opportunity to have a last prayer and Bible reading. The army-
    chaplain Souisa prayed and read a piece from the Bible for Mr. Dr. 
    Soumokil. On April 12, 1966, one minute before 07.00am, Mr. Dr. 
    Soumokil gave his last breath. He had been shot by the Indonesian 
    firing-squad. 

5.  Mrs. Soumokil explained, that after her arrival in Holland until 
    now organised protest demonstrations have not been organised by Mr. 
    Ir. Manusama, President of the Republic of the South Moluccas in 
    Holland, in connection with the execution of Mr. Dr. Soumokil. 
    Neither has Mr. Ir. Manusama done anything to prove that the 
    Moluccan people in Holland do not accept the execution of Mr. Dr. 
    Soumokil by the Indonesian government. 

    It seems as if Mr. Dr. Manusama does not find it necessary to do 
    something about the execution of Mr. Dr. Soumokil. 

    Thus the explanation of Mrs. Soumokil.



                                         Yours sincerely


                                         Mrs. C. Bernard


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