«PPDi» [RNW] Netherlands: is South Moluccas a state?

 

5 October 2011 - 3:04pm Netherlands: is South Moluccas a state? Published on : 5 October 2011 - 3:04pm | By Geraldine Coughlan (Photo: RNW) A Moluccan separatist group's claim to independence will be challenged by the Netherlands in court next week. By Geraldine Coughlan in The Hague The Republic of the South Moluccas (RMS) is an Unrecognised State and a member of the Unrepresented Nations and People's Orgnisation (UNPO), based in The Hague. The RMS movement was crushed by the Indonesian authorities after it declared independence in 1950. It was revived following the fall of President Suharto in 1998, and is currently based in the Netherlands, Indonesia's former colonial power. The group claims to be the "Republic of the South Moluccas" government-in-exile and has declared a fully independent Republic of the South Moluccas, hoping to achieve an autonomous state. Independence or not? The RMS expects the Dutch state to ask the judge to declare the RMS's claim to independence to be inadmissible. The group fears this would limit its possibilities to bring cases to court in the future. The Dutch move follows the rejection by The Hague District Court last year of a demand by the RMS for the arrest of the Indonesian President Susilo Bambang Yudhoyono and former minister of foreign affairs, Nur Hassan Wirajuda, who were to visit the Netherlands. The group holds President Yudhoyono responsible for the alleged mistreatment and torture of detained Moluccan separatist activists. Yudhoyono cancelled the state visit because of the case. The court said that under the Dutch International Crimes Law, heads of state, government leaders and ministers of foreign affairs are granted immunity from prosecution as long as they are in office. A step further The RMS says that by taking this case a step further, the Netherlands is challenging the legitimacy of the Republic of the South Moluccas and its government-in-exile. The RMS believes the Dutch state is out to silence the RMS and "put it out of action forever." The group says the Dutch challenge won't come as a complete surprise. It claims that a leaked document from the Ministry of Foreign Affairs last year indicates the development of a strategy to prevent officials who are guilty or suspected of infringing human rights, from being prosecuted. Raised eyebrows The Netherlands may be eager to make it clear that visiting heads of state and leaders will be guaranteed immunity on state visits, which promote much-needed business. But challenging the legitimacy of the RMS could raise some eyebrows in the international community. Human rights groups have criticised the Indonesian authorities for restricting freedom of expression. Lengthy prison terms have been dealt out to activists for as little as raising a separatist flag. http://www.rnw.nl/international-justice/article/netherlands-south-moluccas-a-state Copyright © 2011 Radio Netherlands Worldwide. All rights reserved.

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