Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples

Antigua and Barbuda, Bolivia (Plurinational State of), Cuba, Nicaragua,

Russian Federation, Syrian Arab Republic and Venezuela (Bolivarian Republic of): draft resolution

Decision of the Special Committee of 5 August 2020 concerning Puerto Rico

The Special Committee on the Situation with regard to the Implementation of  the Declaration on the Granting of Independence to Colonial Countries and Peoples ,

Bearing in mind the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in  General Assembly  resolution  1514  (XV) of 14 December 1960,

Considering that the period 2021–2030 was proclaimed by the General Assembly, in its resolution 75/123 of 10 December 2020, as the Fourth International Decade for the Eradication of Colonialism,

Bearing in mind the 38 resolutions and decisions adopted since 1972 by the Special Committee on the question of Puerto Rico contained in the reports of the Special Committee to the General Assembly, in particular those adopted without a vote in recent years,

Recalling that 25 July 2020 marked the 122nd anniversary of  the intervention  in Puerto Rico by the United States of America,

Noting with concern that, despite the rejection expressed by the majority of the Puerto Rican people on 6 November 2012 of their current status of political subordination, the political representatives of Puerto Rico and the United States have failed to set in motion a decolonization process that begins in Puerto Rico, in compliance with General Assembly resolution 1514 (XV) and the resolutions and decisions of the Special Committee on Puerto Rico,

Noting that the consultation undertaken by the Government of Puerto Rico on  11 June 2017, in which, as reported by the Puerto Rico State Elections Commission, less than 23 per cent of voters participated, was not designed to promote decolonization in accordance with General Assembly resolution 1514 (XV),

Noting with concern that the present political subordination of the Puerto Rican people impedes sovereign decision-making regarding the humanitarian crisis caused by the effects of Hurricanes Irma and Maria, which have aggravated the already serious economic and social problems, resulting in increased levels of poverty in Puerto Rico from 45 per cent to around 60 per cent of the population, which has caused mass migration and seriously affected efforts to achieve sustainable economic development,

Noting with concern also that the United States Congress, invoking thereby its doctrine on plenary powers under the Territorial Clause of the United States Constitution, imposed in June 2016 a Financial Oversight and Management Board for Puerto Rico (Fiscal Supervisory Board), appointed by the President of the United States to exercise plenary control powers over the elected executive and legislative officials of the Government of Puerto Rico in all issues relating to fiscal, economic and budgetary matters, as well as all that concerns the restructuring of the public debt of Puerto Rico, all of which aggravates the colonial situation in the country,

Noting that the Supreme Court of the United States, in conformity with the request made by the Department of Justice, decided in June 2016 in the case of Puerto Rico v. Sánchez Valle that the original and ultimate source of governmental power in Puerto Rico lies in the United States Congress, and that any limited concession of self-government to Puerto Rico may be unilaterally revoked by the United States Congress,

Stressing again the urgent need for the United States to lay the groundwork for the full implementation of General Assembly resolution 1514 (XV) and the resolutions and decisions of the Special Committee concerning Puerto Rico,

Noting the declarations by the Heads of State and Government of the Community of Latin American and Caribbean States, the Bolivarian Alliance for the Peoples of Our America, the Movement of Non-Aligned Countries and the  Council of the Socialist International, which reiterate the inalienable rights of the people of Puerto Rico in accordance with General Assembly resolution 1514 (XV), and which also reiterate the Latin American and Caribbean character of Puerto Rico and their support for the resolutions on Puerto Rico adopted by the Special Committee,

Noting also the debate in Puerto Rico on the search for a procedure that would enable the process of decolonization of Puerto Rico to begin, and aware of the principle that any initiative seeking a solution to the political status of Puerto Rico should originate from the people of Puerto Rico, and of the fact that, to date, several sectors have expressed that they are in favour of convening a constitutional assembly on status in Puerto Rico,

Noting further the concern of the people of Puerto Rico regarding violent actions, including repression and intimidation, against supporters of Puerto Rican independence, that have come to light through documents declassified by federal agencies of the United States,

Aware that Vieques Island (Puerto Rico) was used for over 60 years by the United States Marine Corps and naval forces to carry out military exercises, with negative consequences for the health of the population, the environment and the economic and social development of that Puerto Rican municipality,

Noting the consensus among the people and the Government of Puerto Rico on the need to clean up, decontaminate and return to the people of Puerto Rico all the lands previously used for military  exercises  and  installations,  and  use  them  for the social and economic development of Puerto Rico, as well as on the slowness of  the process thus far,

Noting also the constant complaints made by the inhabitants of Vieques Island regarding the continued bombing and the use of open burning as a clean-up method, thereby exacerbating the existing health and pollution problems and endangering civilian lives,

Noting further that in the final document of the Seventeenth Summit Conference of Heads of State and Government of the Non-Aligned Countries, held on Margarita Island (Bolivarian Republic of Venezuela), on 17 and 18 September 2016, and other meetings of the Non-Aligned Movement, the right of the people of Puerto Rico to self-determination and independence  is reaffirmed under General Assembly resolution 1514 (XV), the Government of the United States is urged to assume its responsibility to expedite a process that will allow the Puerto Rican people to fully exercise their inalienable right to self-determination and independence and to return the territory and occupied installations on Vieques Island and at the Roosevelt Roads Naval Station to the Puerto Rican people, who constitute a Latin American and Caribbean nation, and the General Assembly is urged to actively consider the question of Puerto Rico in all its aspects,

Having heard statements and accounts representative of various viewpoints among the people of Puerto Rico and their social institutions,

Having considered the report of the Rapporteur of the Special Committee on the implementation of the resolutions concerning Puerto Rico,¹

1. Reaffirms the inalienable right of the people of Puerto Rico to self- determination and independence in conformity with General Assembly resolution 1514 (XV) and the applicability of the fundamental principles of that resolution to the question of Puerto Rico, and that the people of Puerto Rico constitute a Latin American and Caribbean nation that has its own distinct national identity;
   1. Calls again upon the Government of the United States of America to assume its responsibility to promote a process that will enable the Puerto Rican people to fully exercise their inalienable right to self-determination and independence, in accordance and in full compliance with General Assembly resolution 1514 (XV) and the resolutions and decisions of the Special Committee concerning Puerto Rico, and to take decisions, in a sovereign manner, to address their urgent economic and social needs, including unemployment, marginalization, insolvency and poverty, and the problems related to education and health, which have been aggravated by the ravages of Hurricanes Irma and Maria, the earthquakes affecting the south-western part of Puerto Rico and the coronavirus disease (COVID-19) pandemic;
   2. Notes with concern that, by virtue of the decision of the United States Congress, under the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) which creates the Financial Oversight and Management Board, the already weakened area in which the prevailing regime of political and economic subordination in Puerto Rico operates is reduced any further;
      1. Notes the broad support of eminent persons, governments and political forces in Latin America and the Caribbean for the independence of Puerto Rico;
      2. Notes once again the debate in Puerto Rico on the implementation of a mechanism that would ensure the full participation of representatives of all sectors of Puerto Rican public opinion, including a constitutional assembly on status with a basis in the decolonization alternatives recognized in international law, and aware of the principle that any initiative seeking a solution to the political status of Puerto Rico should originate from the people of Puerto Rico;

1. Expresses serious concern over the actions carried out against supporters of Puerto Rican independence, and encourages the investigation of those actions with the necessary rigour and with the cooperation of the relevant authorities;
2. Requests the General Assembly to consider the question of Puerto Rico comprehensively and in all its aspects, and to decide on this issue as soon as possible;
3. Urges the Government of the United States, in line with the need to guarantee the legitimate right of the Puerto Rican people to self -determination and the protection of their human rights, to complete the return of all lands occupied by  its military forces in Puerto Rico territory, in particular installations on Vieques Island and in Ceiba, to  the people of Puerto Rico, respect fundamental human rights, such  as the right to health and economic development, and expedite and cover the costs of the process of cleaning up and decontaminating the areas previously used in military exercises through means that do not continue to worsen the serious consequences of its military activity in order to protect the health of the inhabitants of Vieques Island and the environment;
   1. Takes note with satisfaction of the report prepared by the Rapporteur of  the Special Committee, in compliance with its resolution of 5 August 2020;
   2. Requests the Rapporteur to report in 2022 on the implementation of the present resolution, including new developments  relevant to a process of decolonization of Puerto Rico, in accordance with resolution 1514 (XV);
      1. Decides to keep the question of Puerto Rico under continuous review.