ACLU presents the Puerto Rico case at the UN-Geneva

Arraiza presents a case at the UN’s headquarters in Geneva; and denounces violations of civil and political rights by the explicit and continuous colonialism of Puerto Rico

SUBSTACK

The American Civil Liberties Union (ACLU) presented today the case for the decolonization of Puerto Rico before the United Nations at its headquarters in Geneva, Switzerland. This is the first step of the defense of such a case before the 139th session of the Human Rights Committee of that entity, which will meet on Tuesday, October 17, and Wednesday, October 18 in that European city.

The presentation was given by renowned lawyer Fermín Arraiza, legal director of the ACLU-Puerto Rico, who for the past few months has been leading efforts, coordinating cases, and presenting reports that demonstrate how colonialism all aspects of life on the island.

Fermín Arraiza, ACLU PR

This visit is of utmost importance because, for the first time in history, the United States of America will have to respond to the UN Decolonization Committee at its headquarters, answer questions, and defend the information that was incorrectly stated in its reports on the status of Puerto Rico. This committee oversees compliance with the International Covenant on Civil and Political Rights, one of the most important components for the protection and promotion of human rights at the international level.

“Puerto Rico is not a territory but a people with the right to self-determination. Considering recent Supreme Court decisions (Sánchez Valle in 2016; Aurelius in 2020; Vaello in 2021) and PROMESA (in 2016), that usurped Puerto Rico’s Governmental authority, the lack of self-government is more than evident, and that the United States has been in breach of its international obligations under Art. 1 CCPR while not rendering reports to the U.N. General Assembly (Under Charter, Art. 73(e)) for more than 70 years. These violations must be redressed by raising the issue before the General Assembly pursuant to GA Res. 1514 (XV) and initiate a process of self-determination, including reparations, where any political and economic destiny be decided by Puerto Rican Nationals”, stated Arraiza.

Arraiza was invited to depose in Switzerland by Jamil Dakwar, Human Rights Director of the ACLU. The first presentations of the ACLU-Puerto Rico took place on September 26 and October 12.

“Now we have to lobby in the Geneva headquarters to include Puerto Rico in the recommendations and conclusions of the Decolonization Committee, after listening to the United States presentation this week,” Arraiza said in communication with this En Blanco y Negro.

The International Covenant on Civil and Political Rights is one of the main components of the Charter of Human Rights made up of three documents: The Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; and the International Covenant on Economic, Social and Cultural Rights, he explained.

The European Union ratified the International Covenant on Civil Rights in 1992 and submitted its first compliance report in 1995. It had not submitted reports for more than 10 years, which is why this session is of great importance, especially in the current geopolitical context with conflicts between Ukraine and Russia, and Palestine and Israel. These cases increase the importance of what is discussed in the current session of the Human Rights Committee.

A few weeks ago, specifically on September 13, En Blanco y Negro released the content of two important reports that were submitted to international organizations stating that the case of decolonization of Puerto Rico is ripe for evaluation by the International Court of Rights. Human Rights and the UN plenary assembly. The two reports were submitted last night to international organizations by the American Civil Liberties Union (ACLU) and the Puerto Rican Institute of International Relations (IPRI).

One of the reports is the one submitted by the ACLU and other entities such as the Center for Constitutional Rights and Blue Ocean Law to the UN Human Rights Committee in Geneva. That report is titled: “Towards Decolonization and Reparations: The United States, Self-Determination, and the Incompatibility of Colonialism and Human Rights.” It focuses on the cases of Guam and Puerto Rico.

The second report was the one submitted by IPRI to the UN Subcommission on Human, Civic, and Political Rights, entitled “Report on Self-determination.”

“The United States can be taken before the International Court of Human Rights and the full UN assembly for lying about the colonial status of Puerto Rico,” said the attorney.

REMARKS BEFORE THE UN:

Puerto Rico has the right to self-determination as a people, not a minority. In 1953 the US managed to remove P.R. from the list of colonies of the UN and stop rendering reports under Art. 73 of the Charter, pursuant to Resolution 748 (VIII).  After 70 years, the case of Puerto Rico is ripe to be revisited by the GA.  All branches of the US had confirmed what Ambassador Menon, from India, denounced in 1953: The international community is witnessing the creation of new forms of colonialism. So is Sánchez Valle, Aurelius, Vaello (S.Ct.) but also PROMESA. 

Since 1972, the Decolonization Committee have been reaffirming “the inalienable right to self-determination … of Puerto Rico” pursuant to Resolution 1514 (XV) 

Under PROMESA (2016), a Control Board was appointed and governs despite never being elected by the People of Puerto Rico. It has disenfranchised the people and jeopardized the PR Police Reform.

However, Puerto Rico’s Debt was provoked by Congress without the supervision of the UN. 70 years without reporting to the GA must not be left unattended. It violates international law and the principle of non-annexation.  Since 1950, local plebiscites in PR are decided by US citizens, not Puerto Rican nationals.  The same happened in Guam, Alaska, and Hawaii, forcing annexation in the later cases. U.S. Rule in P.R. has been characterized by political repression; discrimination; displacement; economic dependence, and military exploitation, making us a potential target of military retaliations.

This Committee must analyze the impact of the U.S. lack of reports before the UN General Assembly. To have colonies includes responsibilities: “the well-being … of such peoples form ‘a sacred trust of civilization’” This has been ignored by the United States, and must be redress with an expedited process of self-determination, including Reparations.