Statement by Professor Francis A. Boyle Before the United Nations
Special Committee on Decolonization on Behalf of the National
Sovereign State of Borinken

June 20, 2016

(Check against oral delivery.)

        In December 2015 the Obama administration filed a Brief Amicus
Curiae with the United States Supreme Court in the case of
Commonwealth of Puerto Rico v. Luis M. Sanchez Valle et al., No. 15-
108 making it perfectly clear that the United State Government officially
considers Puerto Rico and the Puerto Ricans to be nothing more than a
piece of property to be disposed of as it sees fit. Pages 3 to 4 of the
2015 Obama Brief frankly admits: “But as a constitutional matter, Puerto
Rico remains a territory subject to Congress’s authority under the
Territory Clause.” The so-called Territory Clause of the U.S. Constitution
found in Article IV Section 3 thereof states in relevant part: “The [U.S.]
Congress shall have power to dispose of and make all needful Rules and
Regulations respecting the Territory or other Property belonging to the
United States…” The textual language “or other Property” refers back to
the word “Territory, ” meaning that a Territory of the United States such
as Puerto Rico is nothing more than a piece of “Property” like a trashcan.
The United States believes it can “dispose of” and make all “needful
Rules and Regulations” respecting its piece of trashcan “Property” known
as Puerto Rico and the Puerto Ricans as it sees fit despite the
requirements of the United Nations Charter and international human rights
law.

        These conclusions are made crystal clear on page 7 of the 2015
Obama Brief : “United States territories are not sovereigns. The
Constitution affords no independent political status to territories but
instead confirms that they are under the sovereignty of the United States
and subject to the plenary authority of Congress… It has long been
settled that… ‘there is no sovereignty in a Territory of the United States
but that of the United States itself.’” The word “plenary” means that the
United States believes it can do whatever it wants to its piece of
trashcan “Property” known as Puerto Rico and the Puerto Ricans despite
the requirements of the United Nations Charter and international human
rights law.

        Furthermore, pages 7 to 9 of the 2015 Obama Brief also make it
quite clear that the 1952 “referendum” and its ensuing “Commonwealth of
Puerto Rico” are sick jokes and demented frauds perpetrated by the
United States upon the United Nations Organization that had and still
have no legal meaning whatsoever except for its public relations
purposes and its propaganda campaigns: “The events of 1950-1952 did
not transform Puerto Rico into a sovereign.” The so-called
“Commonwealth of Puerto Rico” is nothing more than a Puppet
Government set up by the United States under the International Laws of
War to mask, hide, mislead and dissemble over the Yankees’
longstanding illegal, belligerent, colonial, military, and genocidal
occupation of Puerto Rico and the Puerto Ricans since 1898. As page 8
of the 2015 Obama Brief brutally states: “The ultimate source of
sovereign power in Puerto Rico thus remains the United States.” To the
contrary, under international law the ultimate source of sovereign power
in Puerto Rico is, has been, and shall always be the Puerto Rican People
Themselves pursuant to their universally recognized right of self-
determination.

        In this regard, page 16 of the 2015 Obama Brief recognizes that
the so-called “Commonwealth of Puerto Rico” is nothing more than a
Puppet Government of the United States by means of the following
language: “…‘there is no sovereignty in a Territory of the United States
but that of the United States itself ’… That is because ‘the Government
of [a territory] owes its existence wholly to the United States’…
(Territories ‘are the creations, exclusively of the legislative department,
and subject to its supervision and control.’) ‘In the Territories of the
United States, Congress has the entire dominion and sovereignty ,
national and local, Federal and state, and has full legislative power over
all subjects upon which the legislature of a State might legislate within the
State.’”  And conclusively on this Commonwealth-Is-Puppet-Government
point is page 26 of the 2015 Obama Brief : “But ‘commonwealth’ is not a
form of independent sovereignty recognized under the U.S.
Constitution… and ‘does not have an independent and separate
existence.’”

        In other words, the United States believes it has “the entire
dominion and sovereignty” over Puerto Rico and the Puerto Ricans to do
with as it sees fit no matter how reprehensible, criminal, and inhumane
despite the requirements of the United Nations Charter and international
human rights law. That is exactly what the United States is now doing
with its genocidal Reaganite Neo-conservative debt-rescheduling regime
that it is going to impose upon Puerto and the Puerto Ricans. In the
name of Puerto Rico and all Puerto Ricans, we hereby notify all Member
States of the United Nations and the entire World that we now officially
repudiate in toto this $73 Billion in Odious Debt that has been imposed
upon us by the Yankee Imperialists, their Wall Street Banksters, and
their Vulture Fund Fraudsters.

Finally, footnote 7 on pages 33-34 of the 2015 Obama Brief finally
admits the United States perpetrated cosmic chicanery upon the United
Nations way back in 1953 when it said that it would no longer transmit to
the U.N. Secretary General the information required by Article 73(e) of
the United Nations Charter and in flagrant violation thereof: “…The United
States did not characterize Puerto Rico as a sovereign. Instead, it noted
that Puerto Rico had become self-governing while having no ‘independent
and separate existence’ from the United States .” The United States has
been lying to the United Nations about its longstanding belligerent and
colonial occupation of Puerto Rico and the Puerto Ricans from the very
get-go. Puerto Rico still remains a Non-Self-Governing Territory in
accordance with Chapter XI of the United Nations Charter.

That is precisely why the United Nations Decolonization Committee must
now order the United States to withdraw immediately and completely
from Puerto Rico so that the Puerto Ricans can exercise their
international legal right of self-determination as recognized by article 1 of
the International Covenant on Civil and Political Rights to which the United
States itself is a contracting party:

Article 1

(1) 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.

(2) All peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of
international economic cooperation, based upon the principle of mutual
benefit, and international law. In no case may a people be deprived of its
own means of subsistence.

(3) The States Parties to the present Covenant, including those having
responsibility for the administration of Non-Self-Governing and Trust
Territories, shall promote the realization of the right of self-determination
and shall respect that right, in conformity with the provisions of the
Charter of the United Nations.

After 118 years of one of the most brutal, violent, racist, and genocidal
military and colonial occupations known to modern history, the only way
the United States can “promote” and “respect” the right of self-
determination of the Puerto Ricans as required by Article 1(3) of this
solemn United Nations Human Rights Covenant is to pick up and go home
- - lock, stock, and barrel! Yankee go home! In support of that demand, I
hereby enter into the official record of these proceedings my new book
Free Puerto Rico! Puerto Rico and the Puerto Ricans under International
Law (Editorial Borikén, P.R.: 2016) that fully sets forth our positions
under public international law and international human rights law.

Lastly, we most respectfully request that this Committee personally meet
with President Obama himself at the White House in order to demand the
immediate release of the Borinken Freedom Fighter, Hero, and Prisoner
of War Oscar Lopez. Thank you.
FRANCIS A. BOYLE, International Human Rights Association of American Minorities, said he
represented the national sovereign state of Borinquen.  The alleged Doctrine of Discovery
did not justify Spain’s occupation of Puerto Rico and the Taínos.  In fact, Spain had violated
the just war doctrine.  The Indians of America were entitled to the restitution of their lands.  
That was what the Boricua had done.  Spain had devolved self-government powers on
Puerto Rico.  Yet, under a “bogus” pretext, the United States had illegally conquered the de
facto independent state of Puerto Rico and set up a genocidal situation.  Since 1898, the
United States had been the illegal occupying Power of Puerto Rico.  It was beyond time for
the United States to evacuate Puerto Rico so that the sovereign state of Borinquen could
exercise its right of self-determination.  He pressed the Special Committee to credential the
sovereign state of Borinquen and the United States to free Oscar López Rivera.
Special Committee on Decolonization Approves Text
Supporting Puerto Rico’s ‘Inalienable Right to Self-
Determination’