Vieques: the Past, Present and Future
of the Puerto Rico-US
Colonial Relationship

by Manuel Rodríguez Orellana
Full text of the keynote address
At the VII Latino Critical Legal (LatCrit) Studies Confenrence
in Portland, Oregon
May 3, 2002

Manuel Rodríguez OrellanaI wish to thank you for the honor of accepting my designation to participate on behalf of the President of the Puerto Rican Independence Party and Honorary President of the Socialist International Rubén Berríos Martínez, as keynote speaker, here in Portland, Oregon, at the Seventh Annual LatCrit Conference on Coalitional Theory and Praxis: Social Justice Movements and LatCrit Community.

Professor Berríos could not be here today because of his obligations with the Socialist International, the world wide association of social-democratic parties that have seen their democratic traditions and progressive values recently threatened by the extreme right throughout the European Union.[1] He has asked me to extend his best wishes for a successful conference and to congratulate you for the courage you have shown in choosing to address, through this invitation, the blatant abuse of a people still subject to colonial rule. Puerto Rico’s struggle against U.S. colonialism continues to this day; and the struggle for Peace in Vieques, an island-municipality of Puerto Rico under the U.S. Navy’s direct control for the past 60 years, is a metaphor for our people’s quest for decolonization and democracy.

On this matter, I make no pretenses of impartiality—an elusive and humanly meaningless concept, anyhow, where normative issues are involved. Therefore, I will share with you my side of the story as part of the moral obligation that, as jurists, I believe we must share. It is the view 1 hold, not just as a law teacher who has explored the hidden meaning behind the constitutional and statutory rhetoric used to attempt to disguise my country’s unnatural subordination to the United States, but also as a participant in the story. It is about an on-going struggle that needs to be told now, even though my telling it here, today, involves the possibility that by the time of publication, the story may need to be updated. By then, important developments may—or may not— already have taken place. For instance, a White House Task Force may have initiated its work regarding the U.S. government’s views on realistic status choices.[2] Or the governor of Puerto Rico may have initiated a meaningful dialog with representatives of all political status options, to convene a special election for a People’s Assembly on Status.[3] Or the U.S. Navy could announce (finally!) its intention to transfer its military maneuvers from Vieques to other sites. And, as a Puerto Rican political analyst and former National Security advisor, Juan M. García Passalcqua, has observed, “With the Navy out, national affirmation has a future.”[4]

Regardless of how events unfold, it is a story that has not been sufficiently told in the United States and needs to be repeated as often as necessary— in legal publications, professional forums, and classrooms—to enlist the support of American intellectuals.[5]

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I

The domination of human beings, on behalf of the interests or the agenda of others more powerful, raises moral questions such as those settled in the United States with the abolition of slavery, or in South Africa with the termination of apartheid. In international legal terms, “The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co operation.”[6]

Back in 1868, when Puerto Rico was a colony of Spain and international law doctrine on decolonization had not yet caught up with morality, an uprising took place in the town of Lares. The insurrection that demanded economic and political freedom brought about the proclamation of a short-lived republic that constituted a milestone in the history of Puerto Rico. Lares, together with the Yara uprising in Cuba that same year, forced the metropolitan power to re-examine its relationship with its Caribbean colonies.

Conmemoración del Grito de Lares, 2001In Puerto Rico, this re-evaluation led to the abolition of slavery in 1873, and to greater concessions regarding foreign trade and local autonomy. Lares thus marked the beginning of the struggle of the Puerto Rican people against foreign subjugation, domination and exploitation. Most importantly, it was a clear expression of the awareness that, after nearly 400 years since the Spanish Conquest, Puerto Ricans had evolved into a different nationality, that of a Spanish-speaking, but Latin American and Caribbean Puerto Rico.

The United States war of 1898 with Spain drastically altered the flow of history before Puerto Rico could reach its natural destiny as a sovereign nation of the Western Hemisphere. The purpose of the U.S. invasion and acquisition of Puerto Rico al the time was, as professor Berríos has written, strategic and military:

[C]ontrol of Puerto Rico was basic to the extension of U.S. influence over Latin America in general and the Caribbean in particular. The invasion and acquisition of Puerto Rico, which guarded the eastern approaches of the Caribbean Sea, was inextricably tied to the decision to build a canal connecting the Atlantic and Pacific Oceans.[7]

The objectives may have varied since then, but the strategic and military purpose of retaining Puerto Rico as an overseas possession subject to the Territory Clause of the U.S. Constitution remains.[8] In spite of the wave of decolonization that characterized the period immediately following World War II,[9] congressional legislation regarding Puerto Rico a half century after the invasion did not alter Puerto Rico’s political and economic subordination to the United States. As a congressional Report on the bill subsequently enacted into federal law to establish the so-called commonwealth stated at the time:

The bill under consideration would not change Puerto Rico’s fundamental political, social and economic relationship to the United States ... [and the] sections of the [previously existing] organic act which [would be repealed] are the provisions of the act concerned primarily with the organization of the local executive, legislative, and judicial branches of the government of Puerto Rico and other matters of purely local concern.[10]

The commonwealth arrangement implemented by federal legislation in 1952 was consistent with a 1945 Memorandum of the U.S. War Department that became public in 2001. The Memorandum exposes the War Department’s opposition to any new status arrangement that provided for Puerto Rico’s sovereignty. Moreover, the War Department insisted on exclusive privileges for U.S. Armed Forces in perpetuity, in an unrestricted, preferential manner over all public utilities, as well as all air, water, and land transportation facilities. It further insisted that a federal court continue to exist to protect American military installations and personnel.”[11]

The international configuration of forces that dominated the world stage in the years following the Second World War continued to make Puerto Rico’s struggle for decolonization extremely difficult. Rights violations—such as the government practice of keeping dossiers on persons “suspected” of subversion by virtue of their political association with pro-independence and decolonization activities—are now well documented. Political persecution and employment discrimination of pro-independence advocates was the established practice well into the 1980s, when it was exposed and denounced by the Puerto Rican Independence Party in 1986.[12] Although after extensive litigation, the practice was officially proscribed, unofficial political discrimination continues as a fact of life.[13] Furthermore, the federal government—as will be seen—was an active and dominant participant in political persecution against Puerto Rico’s real “freedom fighters” throughout the 20th century.

U.S. hegemony during the Cold War insured that no major embarrassment to the leader of one of the two major camps would take place, and thus the United States could get away with its colonial possessions, particularly at the U.N.[14] Surely colonialism, though legally proscribed by international law since 1960, was wrong; but, in the case of Puerto Rico, strategic security in the context of the Cold War provided a convenient rationalization for the leader of the “free world” to forgive itself its colonial “indiscretions” and to assertively persuade world opinion to look the other way. This was particularly so if the colonial subjects were “well-fed,” and human rights abuses were handled swiftly and forcefully by local authorities posturing as contented colonials and U.S. authorities posturing as benevolent masters.[15] The apologists of commonwealth often attempt to disguise its subordinate nature with a euphemistic description: “the maximum of autonomy compatible with the federal system.”

In the year 2000, the involvement of federal agencies interfering directly, or indirectly through local government authorities, with persons, groups, or organizations that favored Puerto Rico’s sovereignty and decolonization became the subject of an investigation by the Senate of Puerto Rico’s Committee on Government and Federal Affairs, on the basis of a Resolution submitted by the Puerto Rican Independence Party.[16] In the course of the investigation, and with the valuable assistance of congressman José E. Serrano (D-NY), the F.B.I. admitted to this practice and began to make available to the Senate Committee more than 1 million declassified pages of federal dossiers, dating as far back as the 1930s. The documents analyzed by the Committee evidenced federal monitoring, intervention, infiltration, and persecution of persons, such as Nationalist Party leader Pedro Albizu Campos, student organizations such as the Federation of University Students (FUPI), and legitimate political parties—such as the Puerto Rican Independence (PIP) and Socialist Parties (PSP)—by federal police and intelligence entities, including the FBI, the Secretary of the Interior, the Army, the Air Force, and (of course) the Navy, acting in conjunction with Puerto Rican authorities, most notably the governor and the police.[17] The Committee Reports approved by the Puerto Rico Senate also concluded that federal involvement with Puerto Rican authorities in the persecution of those advocating Puerto Rico’s decolonization de facto criminalized constitutionally protected speech and political activity, particularly the independence movement, thereby impeding the free exercise of Puerto Rico’s legal right to self-determination.[18]

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II

By the end of the first century of U.S. colonial rule over Puerto Pico, in harmony with the design of the War Department’s Memorandum of l945,[19] the U.S. Navy occupied and used over two-thirds of Vieques for military maneuvers and installations. The economic, sociological, and environmental harm perpetrated upon Vieques and its inhabitants during that period is now a matter of common knowledge in Puerto Rico, and impeccably documented in the June 1999 consensus Report of a commission of representatives of Puerto Rico’s political parties, civic, labor and religious organizations appointed by the governor, after a Puerto Rican civilian worker was killed, and four other seriously wounded, in April 1999, by an off-target 500-lb. bomb dropped from a military plane on Vieques’ main observation post.[20] Since then, until late in the year 2000, when the Puerto Rico Senate approved the above-mentioned Committee Report, things were coming to a head.

Rubén Berríos en el campamento en ViequesIn May 1999, Rubén Berríos peacefully took over the target range in Vieques and lived there, in a tent, without electricity or running water, until May 2000, when he and hundreds of other Puerto Rican professional, civic, labor, and religious leaders were forcibly removed by federal military and police authorities. He penetrated the restricted areas a second time and, as a consequence, faced federal prosecution. However, undoubtedly in reluctant recognition of the moral strength of his non-violent civic struggle and his international stature as Honorary President of the Socialist International m an election year when he became a candidate for governor, he served a nominal sentence.[21] (Once the elections were over, however, the U.S. District Court in Puerto Rico put aside any pretenses of magnanimity toward Berríos and sentenced him to 4 months in federal prison after another incursion into restricted Navy lands the following year.)

But by the summer of the year 2000, Berríos and thousands of Puerto Ricans from all parties, ideologies and creeds serving as human shields at one time or another had stopped combat practice on Vieques for more than a year. This made the Navy’s strenuous claims that amphibious landings, air-to-ground and ship-to-shore military maneuvers in Vieques—and Vieques alone on the face of the earth—were indispensable to U.S. national security sound hollow. The Puerto Rican Independence Party’s civil disobedience camp, uninterruptedly inhabited by Berríos through two tropical hurricanes and a painful bout with diverticulitis on “ground zero” of the target range for 361 days during which all military activity in Vieques carne to a complete halt, belied the Navy’s contention. Therefore the resumption of the Vieques maneuvers in August 2000 was perceived as nothing but a blatant ostentation of the arrogance of power.

The Navy also claimed it was protecting the environment and public health. Nevertheless, in the course of the year in which civil disobedience camps took Vieques back from the Navy, dangerous levels of depleted uranium, napalm, heavy metals, toxic substances, and carcinogens were found in the devastated landscape, filtering into the food chain and mercilessly castigating delicate ecological balances.[22] Furthermore, a disproportionately high cancer rate has continued to claim new victims in Vieques.[23]

Throughout the year 2000, Puerto Rico’s three political parties[24], civic and labor organizations, and religious leaders of all denominations—including the principal leaders of the Catholic and Protestant Churches—massively demonstrated against the Navy’s practices in Vieques and denounced them as immoral.

As an acute Latin American analyst and reporter for Univisión who resides in the United States wrote:

Vieques had effectively awakened the puertorriqueñidad [Puerto Rican identity] in millions and created a clear consciousness of the fact that the interests of Puerto Ricans were different from those of North Americans. In other words, Vieques had fractured the notion held by statehooders [federated statehood advocates] that Puerto Ricans and North Americans could be pan of same die people.... Puerto Rico had begun to think of itself without the United States.[25]

At the end of the 20th century, therefore, Vieques became, like Lares in the late 19th century, another historical marker. Puerto Pico had retained and strengthened its sense of distinct identity as a Spanish-speaking nation of the Caribbean[26] and peaceful civil disobedience had become our moral weapon against the Navy’s abuses in Vieques. The call for the immediate and permanent cessation of all military activity and for the devolution of lands held by the Navy in Vieques even became public policy of the Government of Puerto Rico[27] and was correctly understood internationally as symbolizing the Puerto Rican people’s cause for self-determination.[28]

Puerto Rico’s colonial problem and the human rights abuses and ecological abomination that resulted from Navy practices in Vieques quickly reached the desk of the American president. In a hand-delivered letter to President Clinton through a mutual friend, Berríos wrote to Clinton from the Navy’s firing range in Vieques:

Here, next to the idyllic beach from where I write to you, lies a lunar wasteland of unexploded ordnance and depleted uranium-tipped radioactive shells littered about in dead wetlands and lagoons, scorched earth, and devastated marine turtle nests.

........

Vieques presents you with a choice. To disregard the will of the Puerto Rican people, expressed beyond political, religious, or ideological differences, would set back the clock of democracy in the U.S., compounding colonialism with an overt act of tyranny. To comply with the will of the Puerto Rican people, however, will make the spiritual prison walls of colonial impotence in Puerto Rico begin to crumble.[29]

In the two years following Berríos’ letter of July 1999, Vieques and Puerto Rico's colonial status caught the attention of the president of the United States and the American public in a very peculiar way. In the letter’s margin, Clinton jotted in his handwriting, “This is wrong.”[30] Approximately a year later, Berríos and Puerto Rico’s two other gubernatorial candidates, who had separately visited Berríos’ Vieques camp in restricted Navy lands in solidarity with Puerto Rico’s demand for an end to the Navy’s practices, were invited to the White House to meet with the President of the United States and his advisors.[31]

Hazy results began to unfold several weeks later. Unwilling to bring military activities to an immediate halt as the constitutional commander-in-chief of the armed forces, Clinton instead set up a muddled legislative scheme suggesting a referendum in Vieques[32], which did not provide for what official public policy and the people of Puerto Rico wanted: the immediate and permanent cessation of all military activity on the island-municipality, the return of occupied lands to Puerto Rico, and the clean-up and rehabilitation of Vieques’ ecologically distressed environment. At best, it would have provided for the President of the U.S. to conduct a referendum, to be held at the Navy’s convenience, on the termination of live-fire training, or its continuation after May 1, 2003. But no provision was made for the immediate cessation of all military activity, the devolution of lands to the people of Puerto Rico, or to clean up the environment.

On status, the Clinton administration set up an erstwhile task force, presumably now under the aegis of the Bush administration, to clarify status options for Puerto Rico from the U.S. perspective.[33] But aside from appointing the new administration’ s members, the Task Force has remained like an empty kettle on a cold stove.

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III

The unnatural results of the 2000 election in the U.S. froze developments on Vieques in the peculiar position the Clinton administration had left them. On June 14, 2001, President Bush announced during a press conference in Sweden that the U.S. would discontinue military exercises in Vieques in May 2003.

My attitude is that the Navy ought to find somewhere else to conduct its exercises, for a lot of reasons.... One, there’s been some harm done to people in the past. Secondly, these [Puerto Ricans] are our friends and neighbors and they don’t want us there.[34]

At the same time, the Bush administration supported new legislation[35] that repealed the Clinton referendum provisions regarding the continuation of military training on the island of Vieques. Evidently, a referendum that would have allowed a “local community” under the U.S. flag to decide on any aspect U.S. military presence m its midst was a potentially dangerous precedent from the perspective of the U.S. Navy, regardless of the outcome.[36]

Through the last months of Clinton’s presidency and the first few months of the Bush administration, Vieques also caught the imagination of American public opinion makers. After Berríos penetrated restricted Navy land in Vieques a third time, the Navy successfully sought a harsh four month prison sentence for Berríos’ misdemeanor.[37] Yet, mounting acts of civil disobedience by Puerto Rican political leaders of all political parties and ideologies ensued. In addition, prominent American leaders, such as congressman Luis y. Gutiérrez (D-Ill), New York labor leader Dennis Rivera, Hollywood actor Edward James Olmos, the Rev. Al Sharpton, Rev. Jesse Jackson’s wife, Jacqueline, and environmentalist Robert F. Kennedy, Jr., though shorter than Berilos’, all served disproportionate sentences for the petty offense of trespassing on federally restricted land in Vieques.[38]

Since Lares in 1868, only Vieques has managed to bring Puerto Rico’s morally untenable status as a colony to the attention of the metropolitan power and society.

Then came the events of September 11.

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IV

The 2000 election also brought to power a new administration in Puerto Rico. During the campaign, candidate Sila Calderón embraced the two main issues that Rubén Berríos placed on the public agenda: Vieques and Puerto Rico’s political status.

Because of his courageous stance of civil disobedience against the U.S. Navy, first in the island municipality of Culebra in 1971, for which he was incarcerated by federal authorities for three months, and subsequently in Vieques, no one personified the struggle of Puerto Ricans against the Navy’s abuses better than Berríos, himself. He campaigned vigorously for the immediate cessation of all military activity in Vieques, and he proposed a People’s Constituent Assembly on Status with proportional representation for all options. The Constituent Assembly would attempt to agree, by majority if not by consensus, on a demand for a final status solution to which the U.S. government would have to respond.[39]

An avowed faithful of Puerto Rico’s 1952 commonwealth as the final status solution, candidate Calderón nevertheless raised great expectations by pledging to end the bombing in Vieques in two months, if elected, and by characterizing Berríos’ idea of a People’s Constituent Assembly on Status as an “excellent idea.” She further promised to appoint a broadly representative commission to discuss status. As a result of an extremely well financed effort in the last two weeks of the gubernatorial campaign, her newly adopted rhetoric as a “born again nationalist” and her promises to quickly solve the Vieques problem were effective in activating the “third party syndrome” and reversing the support that had been shifting in the direction of Berríos’ candidacy.[40]

As governor, however, she soon realized that the struggle for Vieques would take her on a collision course with the status quo. Instead of confronting the U.S. government with the democratic will of Puerto Ricans, after a municipal referendum sponsored by her administration on July 29, 2001, had resulted in a landslide for the permanent and immediate cessation of all military activity[41], Calderón remained silent for several months on both Vieques and status.

However, as the bungling and half-hearted efforts of the new administration increasingly brought governor Calderon’s credibility into question, she obtained much needed cover from the rubble of the Twin Towers.

The argument that September 11 had “changed everything” thereafter became a litany to justify inaction. Although she had criticized and opposed Clinton’s plan for Vieques, she suddenly embraced as a firm commitment his 2003 target date for the cessation of military activity, hortatively articulated by George W. Bush in Sweden.[42]

She remained silent on the return of lands confiscated by the Navy to the people of Puerto

Rico, and she backtracked on cleaning up the environment. In fact, the commonwealth’s Secretary of Justice and the Resident Commissioner in Washington announced negotiations with the Navy at the National Oceanic and Atmospheric Administration (NOAA) m Silver Spring, Maryland, on “mitigation” of future environmental damages in Vieques—the very environmental damages she had sworn to end.[43]

On status, the governor continued to pay lip service to her promise to appoint a consensus commission to “improve” commonwealth. How that plays with legislative plans, evolving at the time of this writing, for a People’s Assembly on Status—and with the Presidential Task Force,[44] if it is ever activated—remains to be seen. Her government still promotes the idea of Puerto Rico’s capacity for foreign relations and possibility to decide on the applicability of federal laws in a commonwealth under the sovereignty of the United States;[45] but Washington reports appear to point in the opposite direction.

When asked about the commonwealth arrangement’s possible participation in international organizations with foreign relations capacity, a presidential spokesperson at the White House was reported as saying that, “as an integral part of the United States, Puerto Rico is well represented by the [U.S.] Department of State.”[46] On the power to veto the applicability of federal laws in Puerto Rico, she further stated that, All federal laws apply to Puerto Rico, with the exception of those determined by the .....".[47]

Typically, those acting out of dependence know they owe something in return, even if they find the idea revolting.[48] However, the uncertainty of what the Puerto Rican government is bargaining for is worrisome, when negotiations with the Navy appear to take future maneuvers for granted, and Washington policy toward the commonwealth arrangement remains unchanged.

The statehood party, in total disarray after an unexpected electoral defeat, the aftermath of which uncovered scandalous patterns of corruption in government during its years in power, also longed for an opportunity that would cast them in an endearing, mellow mood before U.S. authorities. Since the relationship between provider and dependent is “the domain of reciprocal mistrust,[49] George W. Bush’s statement from Sweden—that Puerto Ricans are not explicitly Americans, but, really, “friends and neighbors” who did not want “them”, the real Americans, in Vieques[50] –made statehood leaders wary that the president of the United States might have come to realize that Puerto Ricans were, after all, not really Americans, but a distinct people. With renewed fervor to convince their providers of their faithful devotion to statehood, the cause that shipped ever farther away from their reach, many of its leaders adopted the revolting idea that the U.S. Navy should continue bombing Vieques, presumably to convince Americans that Puerto Ricans were even more American.

On status, the statehood party appears to subscribe in practice to the idea of letting sleeping dogs lie. While its leaders denounce colonialism and pay lip service to the idea of integration of a distinct cultural entity to the body politic of the United States, they have announced in advance their refusal to participate in a People’s Status Assembly or in any dialog on status, such as that promised by the governor. Their hope is pegged, not on any sense of real patriotism towards the United States on the part of Puerto Ricans, but on the growing dependence on federal transfers as a one-way ticket to statehood.

Puerto Rico’s two major parties’ unholy alliance resulting in favor of colonial stagnation has encouraged the Navy and its judicial sentinels to new heights of insolence. As if confident of an European-like wave of extreme-right wing protection, the U.S. Navy has continued boldly to announce its plans for future maneuvers. In addition, and true to the role which the 1945 War Department Memorandum had envisioned for unrestricted military prerogatives over public utilities,[51] a federal court of appeals confirmed the Puerto Rico-based U.S. District Court’s decision that the U.S. Navy could continue to take and use, for free, as much water as its imperial heart desired for its naval station, from a river that supplies drinking water to Puerto Rican communities on the eastern part of the island.[52]

Too recently, in keeping with the Navy’s history of insolence in Vieques, Puerto Rico witnessed an incident reminiscent of a war movie of the 1940s and 1950s. Charged with security at the Navy’s Camp García installations during the military maneuvers of April 2002, a group of sex-crazed Marines played the role of occupying forces overrunning an enemy town—this time, Puerto Rico’s capital.[53]   The group was provided official transportation from the U.S. Naval base at Roosevelt Roads in eastern Puerto Rico by its commanding officer, Rear-Admiral Kevin Green, to a brothel in Old San Juan. There, they got into a brawl and “bouncers” expelled the rowdy Marines. The fight continued outside the establishment between them, on the one hand, and the bar’s security personnel and local residents who assisted them, on the other. According to press reports, the Marines—ten of whom suffered nasty cuts and bruises—finally proceeded to curse, urinate, and vomit in front of television crews and cameras in the street.[54]

Arresto de María de Lourdes SantiagoStill, the quest for peace in Vieques commands the support of the vast majority of Puerto Ricans and of those who, like Puerto Rican Independence Party members and others, continue to engage in a civilized and peaceful struggle to unmask the abuse of U.S. authorities that continue to imprison decent men and women—already over 2,000— for a petty offense. Recently, a contingent of PIP women, led by the party’s young vice president, attorney María de Lourdes Santiago, spent the entire month of April serving a 30-day sentence for trespassing on Camp García during the Navy’s military maneuvers in Vieques that month.”[55]

As since the 1898 invasion, however, the United States continues to be “interested in the cage, not the birds.”[56]

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V

The federal prison in Puerto Rico, the Metropolitan Detention Center, resembles modern day Puerto Rico. As in most modern residential areas in Puerto Rico, there is armed security around the clock. The inmates are well fed and enjoy freedom like the commonwealth’s “maximum autonomy compatible with the federal system.” Only the bars in the colonial prison of Puerto Rico’s commonwealth arrangement are less evident. The struggle for Puerto Rico’s sovereignty and decolonization is the struggle to break out of the historical detention center of U.S. colonial rule.

Nevertheless, the day is near when the U.S. Navy will have to permanently cease its military maneuvers in Vieques. As a recent editorial in the American newspaper in Puerto Rico has finally recognized:

Reports out of the Pentagon indicate the Center for Naval Analysis is moving steadily toward identifying alternatives to replace Vieques as the principal site for Navy maneuvers in the Atlantic area.

Increasing attention is focusing on installations at Eglin Air Force Base and Pinecastle in the Florida panhandle for air-to-land bombing exercises and on a combination of East Coast bases in North Carolina for ship-to-shore gunnery and amphibious landing practice......

President Bush has said he wants the Navy to aim for May 1, 2003 as the date for leaving Vieques, and Navy Secretary Gordon England has seconded the motion. The way the Pentagon is talking and the Center for Naval analysis is moving suggests they are trying to meet that deadline.[57]

Thus, civil disobedience in the quest for peace has demonstrated two important truths about Vieques. First, while it is convenient for the U.S. to conduct its military exercises there to the detriment of its Puerto Rican inhabitants, that island-municipality is not indispensable for the defense of the United States. The second important truth about Vieques is, naturally, that the progress made would not have been possible without the determination of the Puerto Rican people to demand and protect their rights, and without the widespread support enjoyed by those who have been willing to submit to the consequences of violating unjust laws.

As professor Berríos has written:

In 1898, the Navy was the moving force behind the invasion of Puerto Rico and has, since then, remained the most resolute supporter and proponent of our colonial status. In order to break with powerlessness, we Puerto Ricans must prevail in Vieques.[58]

The last bomb dropped on Vieques will signify an enormous achievement in Puerto Rico’s struggle to break its colonial sense of powerlessness. But a triumph in Vieques is only one more step --like Lares in the 19th century—towards resolving Puerto Rico’s colonial status. The Puerto Rican Independence Party is continuing its grass roots campaign throughout the island to gather and strengthen support for a People’s Assembly on Status. It envisions the Presidential Task Force on Puerto Rico’s Status—if the U.S. government finally takes action—as the proper interlocutor in Washington for the work of a status assembly.

The growing strength of Puerto Rico’s national identity and the federal unitary constitutional system of the United States make Puerto Rico’s integration as a state a practical impossibility, if a Caribbean Quebec or Northern Island are to be averted. Furthermore, those who clamor for the protection of threatened species must minimally agree to the moral imperative to protect the diversity of peoples on this planet. The protection of the Puerto Rican nationality, constructed by the toil of 500 years of human history, is undoubtedly worthy of such human respect and protection. And since the anachronistic commonwealth arrangement is the problem, it cannot be the solution. Accordingly, Puerto Rico’s sovereignty is not a matter of  "if”, but of  "when.”

Professor Berríos has pointed out, however, that there are sectors in the Government of the United States for whom the outmoded “possession” of the territory at the entrance of the maritime routes into the Caribbean remains critical, and would bide their time until a new generation of politicians sympathetic to their imperial cause comes to power.[59] These reactionary foci would “mothball” Vieques under the Scarlet O’Hara philosophy that tomorrow is, after all another day. The propensity to dominate people, against their wishes and best interests, for the sake of those U.S. sectors’ own interests raises the moral issues that I wanted to share with you.

We in Puerto Rico will continue to keep the pressure for the demilitarization of Vieques and the decolonization of Puerto Rico, until we prevail. We are willing to face the consequences of our actions, as we have demonstrated, through every peaceful means available—from reasoned academic discourse, through the political process, to civil disobedience. Law teachers and jurists like you can no longer shun the moral obligation to educate Americans about Puerto Rico’s unnatural condition under U.S. rule. Latinos and all Americans of good will—undoubtedly the vast majority—must be willing to learn and help others learn the moral imperative of our struggle.

That is why I am here today. If you support us in this cause, the triumph of the human spirit that Puerto Rico’s liberation represents will also be your own.



[1]  One need only list the next day’s reaction throughout Europe to socialist Prime Minister Lionel Jospin’s defeat in the in the first round of the French elections of April 21, 2002 . Prior to the run-off, most international observers had positively assessed Jospin’s chances of ousting Gaullist incumbent Jacques Chirac. However, Jospin was edged out by right wing extremist, Jean Le Pen. See Bruno Odent, “Un phénoméne européen: aprés l’Autrich, 1’ Italie, le Danemark, la France,” L ‘Humanité, Monday, Paril 22, 2002 at www.humanite.presse.fr. See also: “PP, PSOE e IU muestran su preocupación por el voto ‘racista y antieuropeo’ de Le Pen, El País www.elpais.es; “Analyse: Un inquiétant séisme politique,” Le Monde, at www.lemonde.fr “Vanno al ballottagio il Capo dello Stato uscente Jacques Chirac e il candidato dell’estrema destra Jean-Marie Le Pen, L ‘Osservatore Romano (edizione quotidiana 22-23Aprile 2002), at www.vatican.va/new services/or; “Socialisti e comunisti voteranno per Chirac. Le Pen vuol uscire da Maastricht ,” l'Unitá, at www.unita.it; Alan Sage, “After 15 years, Le Pen threat becomes reality,” The Times, at www.thetinies.co.uk.

 

[2]  The White House believes that ‘ Puerto Rico should be allowed to choose its own destiny and to reach apermanent status. The task force will be looking into that issue’ of whether commonwealth is considered a permanent status....” Robert Friedman, “PDP holds on to hope for enhancing rights within commonwealth,” The San Juan Star, Monday, May 13, 2002 , Pp. 4-6.

[3]  “Commonwealth forces insist the most important first step... is for all factions on the island to reach what some say is unreachable—consensus on the ‘mechanism’ or ‘process’ on how status should be approached.” Id

[4]  See, Juan M. García Passalacqua, “New events make status issue an imperative,” The San Juan Star, Sunday, May 12, 2002 , p. 62.

[5]  One of the organizers of this forum has made an important contribution to scholarly literature on this subject. See, Pedro A. Malavet, Puerto Rico : Cultural Nation, American Colony, 6 Mich. J. of Race & Law 1 (2000). On Puerto Rico ’s right to decolonization and independence, see also, Rubén Berríos Martínez, Independence for Puerto Rico : The Only Solution, 55 FOR. AFF. 561(1977); Manuel Rodríguez Orellana, In Contemplation of Micronesia : The Prospects for the Decolonization of Puerto Rico Under InternationalLaw, 18 U. Miami Inter-Am. L. R. 457 (1987)

[6]  Declaration on the Granting of Independence to Colonial Countries and Peoples, G.A. Res. 1514, 15 U.N. GAOR Supp. (No. 16) at para. 1, U.N. Doc. A/15/Supp. 16 (1960), complemented in certain of its aspects by G.A. Res. 1541, 15 U.N. GAOR Supp. (No. 16), U.N. Doc. A/15/Supp. 16 (1960). See also Western Sahara , 1975 I.C.J. 12 (Advisory Opinion); and the International Covenant on Civil and Political Rights, art. 1, which states, in part, that “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” G.A. Res. 2200, U.N. Doc. A/63 l6/Annex (1966) (entered into force in 1976); the International Covenant on Economic, Social and Cultural Rights, which contains identical language in art. 1, Dec. 16, 1966 , G.A. Res. 2200 & (XXI), Annex (entered into force in 1976); and Conference on Security and Cooperation in Europe , Final Act ( Helsinki ), Aug. 1, 1975 , art. 1, princ. VIII, DEP’T ST. BULL., Aug. 1975, at 81, which states that, “all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status”. Moreover, international legal scholarship has come to regard self-determination as part of the jus cogens, a fundamental human right that admits of no derogation. See, Manuel Rodríguez Orellana, Human Rights Talk.... and Self-Determination, Too! 73 Notre Dame L. R. 1391 (1998).

[7]  Rubén Berríos Martínez, Puerto Rico‘s Decolonization, 76 FOR. AFF. 100, 103 (1997). On U.S. expansionist policies towards Latin America , see Lars Schoulz, BENEATH THE IJNITED STATES: A HISTORY OF U.S. POLICY TOWARD LATIN AMERICA (1998).

[8]  Article IV, clause 3, Constitution of the United States of America . See Harris y. Rosario , 446 U.S. 651 (1980).

[9]  See, C. Fred Bergsten, Interdependence and the Reform of International Institutions, 30 Int’l  Org. 361 (1976). See also, Manuel Rodríguez Orellana, International Legal Precedents: A Case for Post­Independence Advocacy, The Decolonization of Puerto Rico in Light of (monograph: Northeastern University School of Law, 1984); also published: 5 Bos. Coil. Third World L.J. 45 (1984).

[10]  PUERTO RICO-CONSTITUTIONAL GOVERNMENT-ORGANIZATION, 2 U.S. CONG. AND ADMIN. SERVICE 2682-3 (1950).

[11]  “Juan M. García Passalacqua, “Mi testimonio del secreto del ELA,” El Vocero, Tuesday, August 28, 2001, at 37, summarizes and quotes the essential aspects from the text of this Memorandum. The Memorandum (photocopy available in the author’s files) was contemporaneously reproduced on the internet at www.destape.org, but is no longer posted. The U.S. Navy never denied the Memorandum’s authenticity.

[12]  See Noriega Rodríguez y. Hernández Colón, 122 D.P.R. 650 (1988) and 130 D.P.R. 919 (1992).

[13] The alleged instances are too numerous to relate. Oftentimes cases go unreported because victims of political discrimination, particularly in the independence movement, prefer not to turn it into a public issue that will make it more difficult for them to find employment elsewhere. From experience, I know this is not purely theoretical. When 1 returned to Puerto Rico on leave from my teaching job at Northeastern University School of Law and became actively involved in pro-independence politics in 1989, my wife, a former Assistant Attorney General in Massachusetts who was hired on the strength of her academic and professional qualifications, was told that she no longer enjoyed the trust of her superiors as in-house counsel for the Puerto Rican government television and radio station, WIPR. The CEO angrily and unabashedly told her that he had found out only a couple of days earlier that she was married to the Puerto Rican Independence Party’s Electoral Commissioner. Thereafter, she was relegated to a desk job without legal tasks, until she subsequently secured employment elsewhere.

[14]  See, Thomas M. Franck, NATION AGAINST NATION (1985), at 195-204.

[15]   The largest funding for the island continues to be food aid, at $1.293 billion in fiscal year 2001. Robert Friedman, “ Puerto Rico received $13. 1 billion in fiscal 2001,” The San Juan Star, Tuesday, April 23, 2002 , p. 5. However, more than half of the outlays for the island—$7.7 billion—came in direct payments to individuals who contributed funds or time in service, such as Social Security, veteran’s payments, and federal retirement pensions. Id On the dependence model established for Puerto Rico , see Edwin Irizarry Mora, ECONOMÍA DE PUERTO RICO: EVOLUCIÓN Y PERSPECTIVAS (2001); Richard Weiskoff, FACTORIES AND FOODSTAMPS: THE PUERTO RICO MODEL OF DEVELOPMENT (1985).

On overt persecution and discrimination of nationalists and independence supporters following the 1950 Nationalist uprising in Jayuya, Puerto Rico, see Ivonne Acosta, LA MORDAZA (1987). For a first-hand account of the abuses against some of those arrested in Jayuya, see Heriberto Marín, ERAN ELLOS (2000). See a/so, Manuel Moraza Choisne, Some Examples of State terrorism Against Its Own Citizens: Puerto Rico 1937, 1948-57(1989) (unpublished paper, Harvard University ) (copy in author’s files).

[16]  S.R. 3063, approved March 14, 2000.

[17]  Puerto Rico Senate, Report of the Committee on Government and Federal Affairs with Additional Report Submitted by the Puerto Rican Independence Party Delegation December 28, 2000 .

[18]  18 Id.

[19]  Note 11, supra.

[20] Comisión especial de Vieques, Informe al Gobernador de Puerto Rico (1999).

[21]  It should be noted that the U.S. District Court in Puerto Rico has not felt compelled to rationality or consistency in sentencing other participants in civil disobedience in Vieques. During the ensuing months of July to September of 2000, more than 130 Puerto Rican Independence Party members were prosecuted and imprisoned for terms varying from 1 week to 2 months, without trial, for trespass—a misdemeanor classified as a petty offense under federal law. 18 U.S.C. §1382. Among them were the PIP’s principal leaders, including its Vice-President and national candidate for the Senate, Fernando Martín, and other legislative and local candidates, such as the candidates for mayor of Puerto Rico’s major metropolitan areas—San Juan, Mayagüez, Ponce, Bayamón, Carolina, and Caguas. In August, 2000, this writer, then a senator and candidate for Puerto Rico ’s Resident Commissioner post in Washington (the only federal elective position in Puerto Rico ) was imprisoned without a trial for 6 weeks in the federal Metropolitan Detention Center in Puerto Rico , and then sentenced to “time served.”

[22]  The tests were conducted by experts led by Puerto Rican Independence Party environmentalist Jorge Fernández-Porto, using the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) guidelines for control protocols and quality guarantees for the collection, transportation, and analysis of soil, air, and water samples, specifically Region II CERCLA Quality Assurance Manual, and compared with the federal Environmental Protection Agency’s security guidelines. The fmdings submitted by the PIP were incorporated into the report of the 1999 multi-sector commission on Vieques appointed by Puerto Rico ’s governor. See note 20, supra.

[23]   Coincidentally, a few days after his forced removal from the target area Berríos successfully underwent surgery for a cancer condition developed during the year that he inhabited this contaminated zone.

[24]  Under Puerto Rico ’s Electoral Law, the three principal political parties are the Popular Democratic Party (pro-commonwealth), the New Progressive Party (pro-statehood). and the Puerto Rican Independence Party.

[25]  Jorge Ramos Avalo, “Vieques Invadida,” in A LA CAZA DEL LEÓN (2001), 191-198, at 198 (my translation from Spanish). See a/so “Rubén Berríos: 361 días de independencia,” id, at 199-210.

[26] See, Rubén Berríos Martínez, Un conflicto de nacionalidades, NACIONALIDAD Y PLEBISCITO (1991), at 113-131. Any visitor may perceive this sociological reality without great effort, even among the majority that still does not favor Puerto Rico ’s independence. See, Nancy Morris, PUERTO RICO: CULTURE, POLITICS AND IDENTITY (1995), and “Nacionalidad y ciudadanía: Lealtades divididas” regarding a recent poll that shows that only 20% of Puerto Ricans in 2002 consider the United States their nation, as compared with 60% that believe Puerto Rico is their nation. Although a substantial majority still believes U.S. citizenship—the only citizenship available to Puerto Ricans who live in Puerto Rico —is important, even this number has decreased from 75% in 1996 to 63% in 2002. Moreover, less than one half of Puerto Ricans, 47%, preferred U.S. citizenship in May 2002, as compared to 51% who preferred an arrangement in which Puerto Rican citizenship would be recognized, either alone or in dual citizenship. El Nuevo Día, Thursday, May 2, 2002 , p. 4-5. See also, Juan M. García Passalcqua, “New events. . . " note 4, supra; and Pedro A. Malavet, Puerto Rico: Cultural Nation..., note 5, supra.

[27]  Comisión especial de Vieques, supra.

[28]  See Congreso General de la Internacional Socialista, “Declaración de la Internacional Socialista sobre Puerto Rico y la Isla de Vieques,” (unanimously approved) Paris, France: November 10, 1999, in Pablo Marcial Ortiz, CON RUBÉN EN LA PLAYA: UN DIARIO DE VIEQUES (2000), 253-254.

[29]  Rubén Berríos Martínez Letter to President William Jefferson Clinton, July 21, 1999 (copy in author’s files).

[30]  See Francis X. Clines, Protest Leader in Puerto Rico Basks in Gains, The New York Times, Sunday,

December 5, 1999 , Al, col. 2.

[31] Leonor Mulero, “Hora de la verdad en Casa Blanca,” El Nuevo Día, Wednesday, June 28, 2000, p. 32; Mildred Rivera Marrero, “[Berríos] Atribuye a Vieques la reunión,” id Friday, June 30, 2000, p. 32; Robert Friedman, “U.S. will move to clarify status options,” The San Juan Star, Thursday, June 29, 2000, p. 5.

[32] D. Spence National Defense Authorization Act for fiscal year 2001, P.L. 106-398, Sec. 1503.

[33]   Executive Order, “Establishment of the President’s Task Force on Puerto Rico ’s Status,” December 23, 2000 . (Copy in author’s files.)

[34]  Quoted by Raymond Hernández, in “Both Sides Attack Bush Plans to Halt Bombing on Vieques,” The New York Times, June 15, 2001 , at A1-A32.

[35]  P.L. 107-107, Sec. 1049.

[36]  “I do worry about the effect of being forced to leave Vieques, not only on our domestic training ranges but on international access.” Gen. James Jones, commandant of the Marine Corps, Marine Commandant Speaks on Vieques, AP, August 24, 2001 , filed at 6:15 p.m. ET . (Interview with a group of Pentagon reporters).

[37]  See Rubén Berríos Martínez, “Puerto Rico se arrodilla solamente ante Dios” (Allocution in the U.S. District Court for the District of Puerto Rico, May 16, 2001), El Nuevo Día, Thursday, May 17, 2001; see also, “Bar Association President criticizes threat of sanctions against lawyer,” San Juan Star, Tuesday, May 29, 2001, regarding a widely publicized criminal contempt complaint allegedly filed against this writer, who appeared as Berríos’ counsel of record, by the federal magistrate that condemned Berríos. The purported nature of the criminal contempt was to state for the record that the sentences handed down by the court constituted “political judgments.” No official notification was served and no further action has been taken since that blatant attempt to intimidate other members of the Puerto Rico federal bar.

[38]  Eileen McNamara, “Sharpton Gets 90 Days in Jail for Navy Protest,” The Washington Post, Thursday, May 24, 2001, p. A40; “Puerto Ricans protest stiff Vieques jail terms,” SAN JUAN, Puerto Rico, May 28, 2001 (Reuters).

[39]  Various methods to solve the status question had been attempted by Puerto Ricans since the inception of the commonwealth arrangement in 1952, notwithstanding the impediments to self-determination that the U.S. government placed along the way (see notes 11-14 and accompanying text, supra). In addition to local referenda in 1993 and in 1998, which proved inconclusive, attempts in 1989-1991 and in 1996-1998 to negotiate with the U.S. Congress for legislation that would commit the U.S. to respond to a federally sponsored referendum failed due, as most observers agree, to the inclusion of the statehood option. See, Rubén Berilos Martínez, NACIONALIDAD Y PLEBISCITO, note 23, supra at 43-94. See also, Manuel Rodríguez Orellana, Legal and Historical Aspects of the Puerto Rican Independence Movement in the Twentieth Century 60 Rev. Jur. U.P.R 567 (1991); Human Rights Talk..., note 6, supra.

[40]  In electoral theory, the third party syndrome leads voters in a system that does not provide for proportional representation to shift support, from a preferred or protest third-party candidate, to another candidate perceived as more nearly capable of defeating the incumbent.

[41]  Benjamín Torres Gotay, “Celebras en Vieques el reclamo de paz,” El Nuevo Día, Monday, July 30, 2001, p. 4 ; see also, “Contundente mensaje al Navy: Amplio triunfo de la 2,”id, front page.

[42]  Statement by George W. Bush on Vieques, June 14, 2001 , in Sweden ; see note 34, supra.

[43]  Robert Friedman, “Navy to look for options to reduce environmental damage,” The San Juan Star, Thursday, April 25, 2002 , p. 6.

[44]  Note33, supra.

[45]   Address by the Resident Commissioner of Puerto Rico in Washington at the John F. Kennedy School of Government, The U S.-Puerto Rico Relationship Revisited: Building a New Consensus (Harvard University, April 26, 2002).

[46]  Lina M. F. Younes, “En Casa Blanca: Puertas cerradas a desarrollo ELA,” El Vocero, Monday, May 6, 2002, p. 3. Robert Friedman, “PDP holds on to hope...,” The San Juan Star, note 2, supra.

[47]  Id.

[48] Albert Memmi, Dependence (Beacon Press: 1984), at 94.

[49]  Memmi, supra at 68.

[50]  Statement by George W. Bush on Vieques in Sweden , note 34, supra.

[51]  See note 11, supra.

[52]  U.S. y. Commonwealth of Puerto Rico, U.S. Court Appeals for the Circuit, No. 01-2 124 (April 24, 2002). See also, “Court rules Navy has ‘sovereign’ right to take water from river to naval station,” San Juan Star, Friday, April 26, 2002 , p. 8.

[53]  Miguel Rivera Puig, “Viven ‘la vida loca’ marinos en bares SJ,” El Vocero, Wednesday, April 24, 2002, p. 23.

[54]  Miguel Rivera Puig, supra. See also, Laura Labertelli, “Marines not expected to file charges in brawl,” The San Juan Star, Thursday, April 26, 2002, p. 4; and María de Lourdes Santiago, “Mr. Green soltó su jauría,” Op-ed, El Vocero, Tuesday, April 30, 2002, p. 39. For an incomplete and misleading account which omitted the described facts, see Associated Press, “Marines Are Beaten by Mob in Puerto Rico ,” New York Times on the Web, April 24, 2002 .

[55]  Nadesha Karina González, “Libres las cinco pipiolas,” El Vocero, p. 18; Benjamín Torres Gotay, “Salen de la prisión cinco mujeres independentistas,” El Nuevo Día, p. 31; Wednesday, May 1, 2002.

[56]  This was the phrase used in the 1930s by Nationalist Pedro Albizu Campos, founder of Puerto Rico ’s modern independence movement. See, Berríos Martínez, Puerto Rico's Decolonization, note 7, supra at 104. Interestingly, a non scientific web survey conducted by a prominent pro-statehood family-owned newspaper revealed that more respondents would choose to name a new public events arena in San Juan after Albizu Campos, over the 1930s pro-statehood leader, José Celso Barbosa, or the 1952 commonwealth founder Luis Muñoz Marín. El Nuevo Día, Monday, May 13, 2002 , p. 3.

[57]  Editorial, “Other alternatives for Navy training,” The San Juan Star, Tuesday, April 23, 2002 , p. 33.

[58]  Rubén Berríos Martínez, “Bombs away....... from Puerto Rico ,” The Washington Post, Monday, November 1, l999, p.A27.

[59]  See Berríos Martínez, “¿Hacia donde va Vieques?,” El Nuevo Día, Monday, April 17, 2000.

 
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