[Pages H1458-H1460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HUMAN RIGHTS CRISIS IN PUERTO RICO: FIRST AMENDMENT UNDER SIEGE
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Illinois (Mr. Gutierrez) for 5 minutes.
Mr. GUTIERREZ. Mr. Speaker, 2 weeks ago, I spoke about a serious
problem in Puerto Rico. The problem is the systematic effort by the
ruling party to deny the right of the people to speak freely, to
criticize their government openly, and to make their voices heard.
I talked about student protests that have been met with resistance by
the Puerto Rico police. I talked about closed meetings of the
legislature and about the efforts to silence and destroy the local bar
association.
I was not the first to speak about it, and I could have said much
more. This report, entitled ``Human Rights Crisis in Puerto Rico: First
Amendment Under Siege'' is searing.
{time} 1010
It details the complaints of students, legislators, the press and the
general public who were beaten, and pepper-sprayed by police; female
students who were treated with gross disrespect; and the government's
overreaction to demonstrations at the university and at the capitol
over budget cuts and layoffs.
This next picture, this is the capitol in San Juan, Puerto Rico,
surrounded by riot police as people attempted to gain entrance to the
same assembly as this one here today, and this is how they were met by
the police. This is how the police dealt with protesters.
The images of police tactics and behavior in these photos explain why
our Department of Justice is investigating the Puerto Rican police for
excessive force and unconstitutional searches as we speak today. How
could you see these images and not speak out? I was hardly the first to
speak out about these matters, and I probably won't be the last. Here
it is, the Daily Sun in Puerto Rico, ``Sticks versus speech.''
As a Member of Congress, it is more than my right, it is my
obligation to speak out when fundamental freedoms are attacked. And
what was the response to my free speech defending the right of the
Puerto Rican people to be heard? It was to challenge my right to be
heard here in the halls of Congress. The Resident Commissioner of
Puerto Rico said in this very body that he is the only one authorized
to speak about Puerto Rico at any time.
This week, the Puerto Rican Legislature debated a resolution of
censure--yes, censure--condemning me for speaking out against these
very abuses. A leading member of the ruling party even said, Gutierrez
wasn't born in Puerto Rico, his kids weren't born in Puerto Rico.
Gutierrez doesn't plan to die and be buried in Puerto Rico, so
Gutierrez doesn't have the right to speak about Puerto Rico.
Well, let me tell you something, if you see injustice anywhere, it is
not only your right but your duty to speak about it. We don't speak
about injustice or apartheid or human rights abuses or the denial of
rights of women in places around the world because we ourselves were
born there. That would be silly. Where we see injustice we speak out
because it is the right thing to do.
Ironically, by questioning my right to speak out on behalf of free
speech, they have made my point crystal clear. By challenging my free
speech, they have amplified the words of my 5-minute speech more than
if I had spoken for 5 hours.
And it is their right, my critics have the right of free speech even
as they deny the same right to others, but I want them to understand
this: Your efforts to silence me--just as your efforts to silence so
many in Puerto Rico who disagree with your government--will fail, just
as every effort to blockade progress only makes the march toward
justice more powerful and swift.
I may not be Puerto Rican enough for some people, but I know this:
Nowhere on Earth will you find a people harder to silence than Puerto
Ricans. You won't locate my love for Puerto Rico on my birth
certificate or on my driver's license or on my children's birth
certificate or any other piece of paper. My love for Puerto Rico is
right here in my heart, a heart that beats with our history and our
language and our heroes, a place where, when I moved there as a
teenager, people talked and argued and debated because we care deeply
about our island and its future. That is still true today. That freedom
is still beating in the hearts of university students, working men and
women, labor leaders, lawyers and environmentalists, and every person
who believes in free speech. You will not silence them, and you will
not silence me.
Abraham Lincoln, a leader who valued freedom above all else, said,
``Those who deny freedom to others deserve it not for themselves.''
It's good advice, and I hope the leaders of Puerto Rico take it.
Mr. Speaker, I would like to enter the ACLU report titled ``Human
Rights Crisis in Puerto Rico: First Amendment Under Siege'' into the
Record, as well as a statement by the president of the Service
Employees International Union and the essay, ``Exposing the Shadows of
Civil Rights in Puerto Rico'' by the National Puerto Rican Coalition.
Human Rights Crisis in Puerto Rico; First Amendment Under Siege
(By the American Civil Liberties Union of Puerto Rico National Chapter)
While the world celebrates the democratic revolution in
Egypt, major violations of basic human rights are occurring
in our own backyard. Since Governor of Puerto Rico Luis
Fortuno came into power two years ago, free speech has been
under all out assault. The following events have taken place
recently:
Thousands of public workers have been laid off and had
their union contracts terminated, leading to tens of
thousands of people peacefully protesting over the past year.
One event turned out over 100,000 peaceful protestors and
while in NYC hundreds marched on May Day, in Puerto Rico May
Day turned out an estimated 30,000 citizens.
At a protest at the steps of the Capital Building over the
closing of access to legislative sessions, access that is
constitutionally mandated, protesters were beaten
mercilessly, pepper sprayed and shot at by Puerto Rico
Police. The same has occurred at other locations.
At most events young women are the first to be targeted for
police violence. At the University of Puerto Rico, female
students, many of whom were beaten, were also sexually
harassed, groped and assaulted (touched) by police. Students
have been mercilessly beaten, maced and shot at with rubber
bullets. Citizens have accused, which images captured
confirm, police of applying torture techniques on immobilized
student protesters. In the past two years, there have
[[Page H1459]]
been several riots at protests in and around the University
of Puerto Rico. Many protesters have accused the police of
causing the riots, which some videos also seem to confirm.
Since taking the oath of office, the current
administration, which owns all three branches of government,
has set out to quash Freedom of Expression. In Puerto Rico,
Expression has been in the form of protests against
government policies, such as the firing of approximately
26,000 workers in total, privatizing government, closing off
access to public information and legislative sessions,
attempting to close down the university FM radio station
during periods of civil unrest and going after the Puerto
Rico Bar Association, which was a mandatory integrated Bar
and is Puerto Rico's oldest institution. The 171 year old
Puerto Rico Bar Association (Colegio de Abogados de Puerto
Rico) has historically been a known focal point for liberal
dissent against government policies.
Puerto Rico Governor Fortuno, who is considered a rising
star in the Republic Party, has publicly committed to not
allowing what he calls ``extreme left'' protests and
expression. On Friday, February 11, 2011, Governor Fortuno
spoke about his administration's policies while speaking at a
Conservative Political Action Conference of the American
Conservative Union (ACU) in Washington, DC, an activity
attended by members of the National Rifle Association, the
Tea Party and the John Birch Society.
At the University of Puerto Rico all forms of expression
have been prohibited, through a Resolution issued by UPR
Chancellor Ana Guadalupe; a resolution which Governor Luis
Fortuno ordered armed police officers to enforce. On
Wednesday, February 9, 2011, a group of students participated
in civil disobedience on campus, consisting of a paint-in.
During the paint-in, students peacefully and without
interrupting the educational process painted messages of
protest in a limited area of the street at the front of the
main library, in defiance of the Chancellor's absolute
prohibition on any form of protest. Students immediately came
under extreme physical and violent attack by members of the
police force's elite and heavily armed SWAT and Riot Squad
teams.
While the ACLU is looking to file charges on Human Rights
violations and evaluating other legal options, the Puerto
Rico Daily Sun, a conservative English language newspaper,
published a damming editorial in which it called for the
resignation of the university's president, chancellors and
the Board of Trustees. On Friday, February 11, 2011,
President Ramon De la Torres' resignation was unanimously
accepted by the Board of Trustees. However, the Board
Chairperson, Ygri Rivera, immediately stated that she will
not be removing armed Puerto Rico Police officers from the
University of Puerto Rico campus.
In its editorial, the Puerto Rico Daily Sun, stated that
``[t]he indiscriminate aggression of police riot squads
against students, who are exercising their constitutional
rights in public areas without interfering with any academic
or administrative activity, is a gross violation of their
rights and an act comparable only to the acts of the
dictatorships we all denounce and reject''. The Daily Sun
added that ``[w]e do not want this new order, neither for our
university, the Capitol, La Fortaleza or our neighborhoods.
We reject it with all our might, Exercising our freedom of
speech, or freedom of association, is not a crime''.
As we say in Puerto Rico, ``mas claro no canta un gallo''
(it could not have been more clearly stated).
On Sunday, February 12, 2011, just four days after students
were mercilessly beaten by Puerto Rico Police agents, over
10,000 alumnus, parents, grandparents, family members and
other citizens took to the streets and marched over to
reclaim the UPR campus, demanding that the PRPD be
immediately ordered off campus.
See news video: http://www.primer
ahora.com/milesseunencontralacuotayla
invasionpoliciacaenlaupr-474118.html.
In addition to the debacle and related violence at the
University of Puerto Rico, in the past two years legislation
has been passed that would prohibit protests at construction
sites and most recently at any government building that
renders educational services and other locations rendering
government services, under penalty of criminal prosecution.
The Puerto Rico Bar Association was recently de-certified
through legislation which the governor signed into law, which
all but shut down operations. Several lawyers aligned with
the views of the current administration pushed for de-
certification and had previously sued the Bar Association in
federal court alleging that the Bar was forcing them to
purchase an unwanted insurance policy; its $78.00 per year
cost was paid from Bar Association dues. Bar members were
never informed of the particulars of the lawsuit and Federal
Judge Jose Antonio Fuste issued a GAG order prohibiting the
disclosure of important aspects of the case to Bar class
members.
The Puerto Rico Bar Association is not being allowed to
inform and counsel Bar members about their right to opt out
of the lawsuit. Thousands of lawyers are not even sure why
they are a part of this lawsuit. It is believed that an
English language notice on the right to opt out of the
lawsuit may not be sufficient guarantee that Bar members will
fully understand the ramifications of their actions. Many
members of the Bar have limited English skills, particularly
lawyers in the smaller and rural towns.
The newly elected President of the now voluntary Puerto
Rico Bar Association (Colegio de Abogados de Puerto Rico),
Osvaldo Toledo, was jailed on Friday, February 11, 2011, at a
federal detention center in Puerto Rico, where he remains on
contempt of a court charges for refusing to pay a $10,000
fine imposed on him for having counseled Bar members who
insist that they have a right to know the particulars of the
suit and procedure for opting out.
Federal Judge Jose Antonio Fuste's GAG order extends not
only to the President of the Puerto Rico Bar Association, but
also board members, administrators, agents and servants. The
Executive Director of the American Civil Liberties Union in
Puerto Rico, William Ramirez, had previously been warned by
the Bar that he may not be able to speak out against what is
held to be an injustice and First Amendment infringement.
Speaking out in defiance of the federal court order may
result in the arrest of anyone covered by the court's GAG
order and further fines imposed against the Puerto Rico Bar
Association.
After studying the court's order, we at the ACLU do not, at
this time, believe that the federal court order reaches class
members or other members of the Bar, including the staff and
cooperating attorneys of the ACLU in Puerto Rico. However, we
do believe the order to be unjust and believe it should be
set aside.
The ACLU will continue to fight for the right to free
speech and peaceful assembly in Puerto Rico and fully intends
to take on any challenges that it may face.
____
SEIU Calls for Congressional Investigation of Puerto Rico Riot Police
Action
Washington, DC.--Mary Kay Henry, President of the Service
Employees International Union (SEIU), issued this statement
today concerning the actions of the Puerto Rico Riot Squad in
response to a non-violent protest led by university students
at Puerto Rico's Capitol in San Juan on Wednesday, June 30.
``The right of individuals to openly and freely voice their
dissent forms the foundation of a responsive, vibrant
democracy. As working men and women throughout the island of
Puerto Rico have shared their first-hand reports of the
events that took place at the Capitol this week, we are
deeply concerned that the actions of the police, and of the
Puerto Rican government, were driven to stifle and repress
the voices of these university students and citizens.
``What is even more troubling--the government's
questionable use of force and the intimidation of citizens
appear to be escalating on the island and no one is immune:
journalists, gay men and women, our union brothers and
sisters, and activists from every field who seek to make
their voices heard and improve their lives and their
communities.
``I am certain that many members of the U.S. media and many
leaders in Washington are completely unaware of the
disturbing events that took place Wednesday. I pledge that
the more than 2.2 million members of SEIU, many of whom live
in or were born in Puerto Rico, will change this by speaking
out on behalf of the rights of the citizens of this island
and calling upon their elected representative in Congress to
fully investigate the events of June 30.
``When the lives and livelihoods of the people of Vieques
were threatened by U.S. Naval bombing, SEIU members
throughout Puerto Rico, the U.S. and Canada helped share
their struggle to the international community. Today, we
stand ready to do this once again and join our hearts and
voices in service to the people of Puerto Rico.
``To the university students and their families, and to all
who are fighting for democracy and equality for all the
citizens of Puerto Rico, know that we stand with you, and you
are not alone.''
____
[From Capital Wire PR, Mar. 1, 2011]
Op Ed: Exposing the Shadows of Civil Rights in Puerto Rico
(By Rafael A. Fantauzzi)
Washington, DC.--I find it peculiar how we Puerto Ricans
continuously complain about our lack of voice and power in
Congress, but when any Island issue is discussed on the floor
someone always jumps at the opportunity to cry foul. As a
collective, we all should praise the efforts by any Member of
Congress to elevate our issues in the halls of democracy.
Freedom of speech is paramount to our democracy, but the
approach that if you are not one hundred percent with me then
you are against me has destroyed our ability to collaborate
and improve the economic and social stability of our people.
I assume that in a moment of frustration and courage on
February 16th Congressman Luis Gutierrez (D-Illinois)
answered the call to leadership by denouncing the most recent
civil rights violations that occurred at the University of
Puerto Rico and the abuse of power by federal Judge Fuste in
helping dismantle the Puerto Rican Bar Association. I have
not spoken with Congressman Gutierrez about his action or
intentions, but anytime a Member of Congress brings to the
floor the issues of my people, I see a glimmer of hope.
Unfortunately, his delivery generated an overreaction by
supporters of the local government which in response spun his
decry by
[[Page H1460]]
engaging in cultural divisiveness and the always dynamic
political rhetoric. I believe that Congressman Gutierrez had
the right to denounce the violations for the following three
reasons: (a) anyone of Puerto Rican descent or with family
alive or deceased on the Island should care about their
people; (b) given the fact that around 46 percent of the
population depends on federal assistance, any American that
pays federal taxes is a shareholder for the well-being of the
people of the territories; (c) lastly, any member of the
human race has the right to denounce negligent human
treatment, as we are doing for Libya.
It is disappointing when politically biased commentaries
like the ones made by Mr. Rafael Rodriguez on his recent op-
ed calling Congressman Gutierrez ``a paradoxical
obstructionist'' are made. I believe Congressman Gutierrez
was trying to shed some light on the dark shadows of social
deterioration that our people are facing. This social
deterioration is the result of desperation and fear that
plagues our people. It is said that in Puerto Rico you cannot
live, you can only survive (unless you are part of an elite
that controls the political and economic channels). It is
this elite that believe they have the right to dictate what
the people want or need. It is this elite that hide behind
the face of congressional processes to manipulate the
political outlook of the Island. It is this elite that engage
in manipulating the information instead of exposing the truth
and generating trust. It is this elite that continues to
enlarge the gap between Puerto Ricans on the mainland and
those that remain on the Island. It is this elite that call
those who are trying to defend the true elements of democracy
and human respect obstructionist.
The issues of the Americans in Puerto Rico and the
territories are continuously overlooked by the congressional
collective. Even Presidents neglect to mention the people of
the territories in their State of the Union speeches. So we
are very hypersensitive about our place in the world, which
in turn fuels the political philosophy frenzy that has become
our white whale, the status of the Island. Although I have my
own personal philosophy for the Island, I'm bound to protect
the neutral integrity of the organization that represents the
voice of the entire community inside the beltway. It is our
mission to enhance the social and economic well-being of our
8 million plus constituents and nothing is more divisive than
the status issues. We are in favor of a fair and executable
process for self determination, and we also believe that for
that process to be legitimate we have a principled
responsibility to act civilized and respect all views. Change
can only be accomplished when trust is at the core.
As the future of our Island we call on all students,
educators, and administrators to hold each other to a higher
standard. Respect those that want to express their
frustrations and protect those that want to exercise their
right to an education. To all local government institutions,
we encourage dialogue, tolerance, professionalism, and
personal restraint; for it is your duty to protect a
functioning society. To our elected officials, engage in
integrative processes for the benefit of your constituents
and not for personal political gain. Only then will we be
able to call ourselves both American citizens and responsible
citizens of the world.
____________________