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
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.