[News] NLG Presentation to the UN Decolonization Comm Hearings on Puerto Rico
Anti-Imperialist News
news at freedomarchives.org
Sun Jun 19 18:03:09 EDT 2011
National Lawyers Guild International Committee
Presentation to the United Nations Decolonization
Committee Hearings on Puerto Rico June 20, 2011
The National Lawyers Guild was founded in 1937 as
an alternative to the American Bar Association,
which did not admit people of color. The National
Lawyers Guild is the oldest and largest public
interest/human rights bar organization in the
United States. With headquarters in New York, it
has chapters in every state. From its founding,
the National Lawyers Guild has maintained an
internationalist perspective, with international
work a critical focus for the Guild. Its
International Committee has organized delegations
to many countries throughout the world, and Guild
members are involved in international
organizations such as the International
Association for Democratic Lawyers and the
American Association of Jurists. Presently,
active subcommittees exist for Cuba, the Middle
East, Korea, Haiti, Palestine, Iran, Puerto Rico,
and other nations. Guild members, including
myself, have a long history of defending
activists in the Puerto Rican independence movement.
I. Status
The Obama administration has joined the ranks of
successive U.S. administrations which ignore the
provisions of international law which this
Honorable Committee has year after year
conscientiously applied to the colonial case of
Puerto Rico. In March of this year, the U.S.
Presidents Task Force on Puerto Ricos Status
of which there is not a single Puerto Rican
member issued a report with recommendations
proposing methods for purportedly resolving the
status question, acknowledging that status
remains of overwhelming importance to the people
of Puerto Rico, but nowhere expressly
acknowledging the colonial status or the
application of international law. The report
suggests convening a plebiscite process, polling
the people of Puerto Rico regarding available
status options of statehood, independence, free
association and commonwealth. However, there is a
significant potential for the elimination of the
independence option. Although more than half the
population lives in the United States, the Task
Force suggests that only residents of Puerto
Rico should be eligible to vote in any
plebiscite. The report, moreover, does
acknowledge that it is the U.S. Congress that
will ultimately determine the resolution of the status.
The report also addresses multiple insertions of
increasing U.S. programs into Puerto Rico, from
the economy to education to labor, from health
care to the environment to law enforcement, in a
barely veiled attempt to increase the nations dependency on the United States.
Last week, President Obama made a four-hour stop
in Puerto Rico, the first U.S. president in 50
years to visit the island nation. He encountered
mass demonstrations comprised of diverse groups,
with placards and banners reading Obama, Go
Home! and calling for an end to U.S. colonial
control, independence, and the release of the
Puerto Rican political prisoners, particularly
Oscar López Rivera. Obama cant talk about
freedom while he has Oscar and the others in
prison, was a theme echoed by the people.
While the White House claimed that the trip was
related to furthering the goals of the Task
Force, the visit was seen as a transparent
attempt to woo the many Puerto Rican voters who
now reside in the U.S., including in the hotly
contested state of Florida in the upcoming 2012
U.S. presidential election, as the people of
Puerto Rico cannot vote for president. More than
half of Mr. Obamas time on the island was spent
raising over $1 million for his re-election
campaign. It was clear to the Puerto Rican people
that neither Obama nor his recent predecessors
recognize that the Puerto Rican political case is a colonial problem.
II. The Ongoing Crisis of Colonialism
The economy of the colony, one of the few
economies in the world with negative growth, and
among slowest growing in the world, cannot support the population.
Unemployment is at its highest in two decades,
higher than any state in the U.S. There is an
unprecedented exodus, being called a brain
drain, leading to the startling statistic that
now more than half the Puerto Rican population
lives outside the island, and the vicious cycle
of difficulty in building an economy when much
talent is seduced away by the lack of job
opportunities on the island and the perception of
increased job opportunities in the U.S.
With lack of control over its own borders, Puerto
Rico has been unable to stem the unstaunched flow
of drugs, which has led to a second, underground
economy and related crime, as well as a
staggering murder rate: as of June 9, there had
been 491 murders this year alone; if the murder
rate continues, there will be 1,000 murders this
year, making it the most deadly in Puerto Ricos history.
In this context, in the past year, the human
rights crisis on the island has burgeoned. The
superintendent of Police, a former U.S. agent of
the Federal Bureau of Investigation [FBI], has
overseen and applauded the unending wave of
violent attacks on people protesting the policies
of the colonial administration, particularly on
striking students at the University of Puerto Rico.
Police violence has attracted the attention and
condemnation of Amnesty International in London,
and even the U.S. Department of Justice is investigating.
The colonial administration has taken measures to
ensure that the courts of the colony are hostile
to anything but the administrations partisan
line, leaving most litigants without an impartial
judicial forum in which to challenge such human rights violations.
The colonial administration packed the Supreme
Court, increasing the number of justices from
seven to nine, in a transparently partisan
effort, accelerating the nomination and
confirmation process. The expansion, which
supposedly responded to the courts workload, was
largely seen an excuse and has been criticized as
unnecessary and a power grab by the governors
pro-statehood party, with the criteria for
appointment favoring strong pro-statehood
credentials over legal and judicial experience.
The court-packing was only one part of a broader
plan, which included legislation to gut the
judicial appellate process, fast-tracking appeals
directly to the partisan higher court, often
bypassing the intermediate appellate courts.
The U.S. federal court in Puerto Rico has been a
full partner in ratifying the rampant violations
of human rights, with the case against the Puerto
Rico Bar Association as a foremost example, where
the court blatantly assisted disaffected
pro-statehood partisans attempts to not only
dismantle the venerable institution, but to try
to seize the building which serves as its
headquarters as well as a cultural center, and in
the course of which the federal court held in
contempt and jailed the president for educating
his constituency about the lawsuit.
The public university system has been taken over
by partisan politics. The colonial administration
expanded the board of trustees with four
fast-tracked appointees and named a commission to
restructure the university with members openly
hostile to its existence. The administration has
also imposed tuition hikes and curricular changes
which undermine university autonomy and the role
of the university as a forum for open discussion
of issues of concern to the people of Puerto Rico.
The labor movement continues to be under attack
by the colonial administrations adoption of
anti-labor measures, never having redressed the
dismissal of some 30,000 public workers, the
abrogation of collective bargaining agreements in
the public sector, or the creation of
public-private alliances as part of the
privatization of essential public services, with
the resultant hardship for workers in Puerto
Rico. Labor union protests of these draconian
measures have been met with indifference in some
instances and with violent repression at other times.
The history of criminalizing the independence
movement continues unabated. The head of the FBI
office in San Juan was recently promoted to an
administrative position in FBI headquarters, a
move attributed to the disarticulation during
his watch of the clandestine pro-independence
group The Macheteros, including the 2005
assassination of Filiberto Ojeda Ríos, the 2008
arrest of alleged Machetero Avelino González
Claudio, and the 2011 arrest of alleged Machetero Norberto González Claudio.
III. Political Prisoners
This year has been historically significant for
Puerto Ricos political prisoners held in United
States prisons. The sole remaining political
prisoner of the group arrested in the 1980's is
Oscar López Rivera, who has the unenviable
distinction of having served 30 years in prison,
despite the fact that he was not convicted of
harming anyone or taking a life. López, 68 years
old, and serving a sentence of 70 years, has a
release date of 2023. In a politically punitive move,
the U.S. Parole Commission recently refused his
parole bid, erroneously asserting that his
release would promote disrespect for the law. The
decision ignored the express will of the Puerto
Rican people and those who believe in justice and
human rights, counting tens of thousands of
voices across the political spectrum who have
uniformly supported his immediate release. The
Commission ignored the evidence establishing that
he met all the criteria for parole and also
ignored its own rules in the process. Among these
many ignored voices are this venerable body,
members of the United States Congress and many
state legislatures of the various states; the
city councils and county boards of many locales
in the U.S. and Puerto Rico; the mayors of many
towns in the U.S. and Puerto Rico, including the
Association of Mayors of Puerto Rico; bar
associations including the Puerto Rico Bar
Association, the National Lawyers Guild and the
American Association of Jurists; clergy and
religious organizations, including the Ecumenical
Coalition representing every religious
denomination in Puerto Rico; the National Latino
Congreso, human rights advocates, academics,
students, artists, community organizations, and workers.
The Commission also flouted President Clintons
1999 determination that Oscars sentence was
disproportionately lengthy and that he should be
released in September of 2009. The Commission
ignored the fact that Oscars co-defendants
released as a result of the 1999 Clinton clemency
are productive, law-abiding citizens, fully
integrated into civil society. Finally, the
Commission ignored its own July 2010 order to
release Oscars last remaining imprisoned co-defendant Carlos Alberto Torres.
Avelino González Claudio, a 68 year old man with
Parkinsons Disease, has served 3 years of his 7
year prison sentence and is scheduled for release
in 2012. His brother, Norberto González Claudio,
65, was apprehended last month after 25 years in
clandestinity. He awaits trial in federal court
in Connecticut, facing 275 years for the same
charges as his brother and many former political
prisoners, accused of belonging to the Ejército
Boricua Popular Macheteros, a pro-independence
clandestine force which expropriated over $7
million from a Wells Fargo Depot in 1983, the
proceeds to finance their struggle for independence.
They remain strong in spirit, their commitment to
the independence of their nation undaunted, in
spite of adversity, particularly buoyed by the
mass demonstrations of support for their release
during the U.S. presidents recent visit to the island.
IV. Environment
Two examples suffice to demonstrate the need for
self-determination. The island of Vieques, a U.S.
Superfund site, has been shamefully left to
abandon after 60 years of military occupation
polluted its land, air and water and consequently
gravely damaged the health of the people and
their economy. Yet in the face of this shameful
abandon, the U.S. makes promises it does not
fulfill and suggestions without remedial action.
A $450 million 92 mile gas pipeline, which the
colonial administration euphemistically calls
the Green Way, is another pending environmental
disaster, to run across the island, threatening
the safety and health of the people and the
environment along the entire path, without public
participation, in violation of all the rules, and
replete with allegations of corruption. The
project has generated massive public opposition.
The role of United States agencies is suspect.
V. Conclusion
The National Lawyers Guild International
Committee, incorporating the requests sought by
other presenters before this Honorable Committee,
urges the adoption of a resolution calling for
the General Assembly to consider the case of
Puerto Rico; and calling on the government of the United States to:
* immediately cease the brutality,
criminalization and harassment of, and attacks
on, the Puerto Rican Independence Movement, the
students, and all those who exercise their
fundamental rights to expression and association;
* immediately release Puerto Rican political
prisoners: Oscar López Rivera, who has served
more than 30 years in U.S. custody, and Avelino
González Claudio and Norberto González Claudio;
* identify and hold criminally liable all
those responsible for the assassination of
Filiberto Ojeda Ríos (2005), Santiago Mari
Pesquera (1976), Carlos Muñiz Varela (1979), and
other militants of the Puerto Rican independence movement;
* withdraw the FBI, the U.S. court, and all
other U.S. police, repressive and military forces from Puerto Rico;
* withdraw from Vieques, formally return
legal property of the land to the people of
Vieques, cease detonating unexploded ordnance,
completely clean up the pollution left by the
U.S. Navys 60 year occupation through the use of
proven, environmentally friendly clean-up
methods, and compensate the people of Vieques for
the damage to their health done to them by the same;
* cease and desist from the application of
the death penalty in Puerto Rico;
* ensure the right to quality public higher education;
* formally commit to negotiate in good faith
with the people of Puerto Rico a solution to the
colonial condition; and recognize the proposals
that emanate from a Constitutional Assembly,
initiated by the people of Puerto Rico, such as
that called for by the Puerto Rico Bar
Association, as the true expression of the
aspirations of the people of Puerto Rico, and respond to them accordingly.
Dated: June 20, 2011 Respectfully submitted,
Jan Susler Peoples Law Office
1180 N. Milwaukee Chicago, IL 60622
773/235-0070
<mailto:jsusler at aol.com>jsusler at aol.com
On behalf of the National Lawyers Guild International Committee
<http://www.nlginternational.org/>http://www.nlginternational.org/
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://freedomarchives.org/pipermail/news_freedomarchives.org/attachments/20110619/fd953908/attachment.htm>
More information about the News
mailing list