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Chapter 5 e South Moluccas

. Introduction to the Moluccas e Moluccas, also called , consist of a group of islands, situated in the north-east of , with a population of nearly  million. From  until , the islands constituted a single province of Indonesia. In  however, the prov- ince was divided in two to form Maluku and  with nearly . million people in Maluku and / million in the Northern province. e majority of the population in the north are Muslim while there is a Christian majority in Maluku. ere has been a complex and multi-layered conflict in the Moluccas since colonial times. Not only have separatist movements such as the Republik Maluku Selatan

 e region is also known as the Moluccas Islands or the . See Vincent C. Loth, “Armed Incidents and Unpaid Bills: Anglo-Dutch Rivalry in the in the Seventeenth Century”  Modern Asian Studies (), pp.  – . See footnote  below concerning the name of the islands.  ere are , islands in the Moluccas, the largest of which include , Seram and . e Moluccas cover over , square kilometres but only  of this is land – see http://www.preventconflict.org?portal/main/maps_maluku_overview.php, last accessed //.  See the  census of Indonesia, available at http://www.unescap.org/Stat/cos/ cos_indonesia.pdf, last accessed //. is is approximately  of the overall population of Indonesia – see http://www.preventconflict.org?portal/main/maps_ maluku_overview.php, last accessed //.  See Law No.  / . On  September , a bill was passed by Indonesian govern- ment to divide the province of Maluku into two provinces, Maluku and Maluku Utara (North Maluku). e North Moluccas includes the islands of Halmakera, , Obi, Bacan, , and . Maluku Utara is sometimes abbreviated to ‘Malut’. See “”, available at: http://www.statoids.com/uid.html, last accessed //. See also e Permanent Committee on Geographical Names, Indonesia: Population and Administrative Divisions, , available at: www.pcgn.org. uk/Indonesia-Population&AdminDivs-.pdf, last accessed //.  According to the  census of Indonesia, available at http://www.unescap.org/Stat/ cos/cos_indonesia.pdf, last accessed //. e population of Maluku in  was ,, and the population of Maluku Utara was , – see e Permanent Committee on Geographical Names, Indonesia: Population and Administrative Divisions, , available at: www.pcgn.org.uk/Indonesia-Population&AdminDivs- .pdf, last accessed //.  For the purposes of this study the name “Moluccas” will be used when referring to all of the islands that constitute the new provinces of Maluku and North Maluku.  Chapter 

(RMS) and Front Kedaulatan Maluku (FKM) been calling for independence from Indonesia for Christian-majority Islands in the southern islands (South Moluccas, equating with the new ‘Maluku’ province), but tensions between the Muslim and Christian populations throughout the islands have also led to various instances of violence for many years. ese tensions exploded between  and  in what has been termed a “religious-nuance conflict” but which also had separatist dimen- sions. Since , although the conflict has dissipated to a large extent, clashes continue to erupt sporadically throughout the islands, involving both religious and separatist groups and agendas. While separatist groups still regularly call for inde- pendence from Indonesia, the support for them has waned in recent times and there is uncertainty as to the level of support for independence among the population of the South Moluccas. e aim of this chapter is to trace the roots of the conflict in the Moluccas to ascertain if the people of the South Moluccas have a right to self- determination and a right to wage a war of national liberation. It will then examine the conflict to ascertain if, and how, the international humanitarian law rules per- taining to wars of national liberation were applied to it. In order to fully understand the status of the Moluccan conflict, a brief discussion of this region must first be undertaken.

. A Brief History of the Moluccas Archaeological evidence proves human occupation in the Moluccas for the last , years and the existence of trading relationships with other regions for , years. e are Melanesian people, called Alifoeroes, and have occupied the area since at least  B.C. e islands have long been named the Islands because of the abundance of , mace and available in the area. As a result of these natural resources, the islands came to attention of traders from around the world. Merchants from , and Arabia sought out these riches long before the European powers came to the Moluccas. e Arab

 See http://www.answers.com/topic/maluku-islands, last accessed //.  See generally, M.C. Ricklefs, A History of Modern Indonesia Since c. , nd ed. (Stanford, California: Stanford University Press, ). See also, R.O. Winstedt, “ e Malay Founder of Medieval ”  Bulletin of the School of Oriental and African Studies, University of London (), pp.  – .  See O. Warburg, “ e Discovery of the Moluccas”  Geographical Journal (), pp.  – .  See David Henley, “Nationalism and Regionalism in Colonial Indonesia: e Case of Minahasa”  Indonesia (), pp.  – .  See M.C. Ricklefs, A History of Modern Indonesia Since c. , supra note , p.  and pp.  – . See also Karen Parker, Republik Maluku: e Case for Self-Determination, Briefing Paper, presented to the United Nations Commission on Human Rights  Session, Geneva, available at: http:/www.webcom.com/hrin/parker/m.html, last accessed //.  See Vincent C. Loth, “Armed Incidents and Unpaid Bills: Anglo-Dutch Rivalry in the Banda Islands in the Seventeenth Century”, supra note .  See M.C. Ricklefs, A History of Modern Indonesia Since c. , supra note , p. , pp.  – . See also, C.C. Berg, “ e Islamisation of ”  Studia Islamica (), pp.  – .