Rosselló v. United States is a case before the Organization of American States Inter-American Human Right Commission arguing that by denying U.S. citizens in the territories voting representation in the federal government, the United States is violating its international law obligations under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the American Declaration of the Rights and Duties of Man, and other international agreements.
Original Title
Petitioners' Letter Following Up on Case Status
Rosselló v. United States is a case before the Organization of American States Inter-American Human Right Commission arguing that by denying U.S. citizens in the territories voting representation in the federal government, the United States is violating its international law obligations under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the American Declaration of the Rights and Duties of Man, and other international agreements.
Rosselló v. United States is a case before the Organization of American States Inter-American Human Right Commission arguing that by denying U.S. citizens in the territories voting representation in the federal government, the United States is violating its international law obligations under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the American Declaration of the Rights and Duties of Man, and other international agreements.
NORTON ROSE FULBRIGHT
ern Roce Ft Me ae LP
(aie rect Brg 9
Febeuary 19,2018 Poe 3047
ee ecto Mall & Dele Teh sortaseosse0
Inter-American Commission on Human Rights “=wonsrebssticon
(Organization of American States
1889 F Stet, NW.
‘Washington, D.C. 20006
Aatesion
‘Hon, Francisco José Eguiguren Praeli, Commission President
‘Hon. Margarette May Macaulay, Commission First Vice-President
‘+ Hon, Esmeralda Arosemena de Tito, Commission Second Vice-President
'+ Hon. Luis Emesto Vargas Silva, Commissioner
Hon, Joel Hernéndez Garcia, Commissioner
Hon. Antonia Ueejla, Commissioner
+ Hon. Flivia Piovesan, Commissioner
+ Me Paulo Abrao, Executive Secretary
‘Ms Elizabeth AbieMershed, Assistant Executive Secretary
Million US.
‘and Assistant Executive Secretary,
| write on behalf ofthe petitioners in the above-referenced case for the folowing five
1. follow up again on the government of Puerto Rico's invitation tothe
Commission to conduct an onsite investigation in the island, to which
invitaion—despite our best efforts, the Commission has regrettably not
yet responded:
2. tw express our disappointment with what we believe was an inadequate press
release conceming Puerto Rico issued by the Commission on Janusry 18,
2018;‘ver-American Commission on Hunan Righs AorToN ROSE FULBRIGHT
February 19,2018
Page?
3. inquire into the United Sates’ submission on the merits, which (unless
extended) was due February 12,2018;
4, to request that the Commision hold a soon as posible this year hearing
‘on petitioners’ case; and
5. to take this opportunity to congratulate the three newly appointed
Commissioners and to encourage them, and the whole Commission, to
strongly call on the United States to fully extend the franchise atthe federal
level a5 a matter of fundamental human rights to petitioners and all other
US, citizens of Puerto Rico.
The PR.
zenment’s Invitation
A response 10 the government of Puerto Rico's invtationfrst made over five
months ago—is long overdue.
‘As the Commission is aware, on September 12, 2017, the Govemor of Puerto Rico
‘Ricardo Rossell6 Nevares), Puerto Rico's Resident ‘Commissioner (Jennifer Gonzilez
‘Colén), the President ofthe Puerto Rico Senate (Thomas Rivera Schatz} and the Speaker of
‘he Puerto Rico House of Representatives (Carlos “Johnny” Méndez Nie) invited the
‘Commission t0 invoke Article 39 of its Rules of Procedure and conduct an onsite
investigation in Puerto Rico concerning the issues raised inthe petitionen' case.
‘On October 10, 2017—only a few days after the most devastating huricane in Puerto
Rico's history hit the island, with the vast majority of its residents lacking water and
‘letrcty, and demonstrating the high esteem upon which the government holds this
‘Commission and the importance it places on such an onsite investigation, the government
‘ofPuerto sent its Secretary of State and Lieutenant Governor (Luis Rivera Marin) to formally
"present, along with petitioners and undersigned counsel, the governmet’s invitation to the
‘Commission during a mecting held at its headquarters with its Assistant Executive Secretary
‘Gizabeth AbieMershed); its Case Section Coordinator (Silvia Serraro Guzen); and its
Human Rights Specialist (Prick Acta).
‘A month later, on November 9, 2017, with the Commission having not responded 0 the
governments invitation, undersigned counsel wrote to the Commission. The Commission did
not respond.
‘A month aller that, on December 10, 2017, we followed up again asking the
Commission to respond to the governments invitation. The Commision, again, didnot
respond.
‘Then on December 20, 2017, we followed up fora third time afer we leaned tha, in a
hearing held during the 166! Period of Sessions to address various esonomic, social, and
‘environmental challenges being faced by Puerto Ric, the Commission s Rapporteur forthe
United States and First Vice-President, Commissioner Margarete May Macaulay, orallyInter-American Commission on Human Rights NORTON ROSE FULBRIGHT
February 19, 2018
Page 3
notified the United States ofthe Commission's intention to conduct an onsite investigation in
Puerto Rico.
‘To this day, however, the Commission has slll not responded to the government of
Puerto Rico's invitation no to any of ous letters,
‘To our knowledge it was petitioners in the Rosselé case, and the government of Puerto
Rico itel, who fit invited the Comminsion to hold sich an onsite investigation
Dest its serious economic and fiscal challenges, the government of Puerto Rico has
even offered the Commission its “full aid and support . . . in conducting its on-site
investigation.”
Respectfully it seems to us not only proper but also helpful for the Commission to
formally respond t the government of Puerto Rico's invitation,
“This is now the fourth time we write asking the Commission fora response,
‘We ask the Commission again to please respond to the invistion and to do so now,
‘without any further delay.
‘The Press Release
On January 18, 2018, the Commission issued a press release expressing concer about
the human-rights situation in Puerto Rico. In its press release, the Commission righlly
‘mentioned the two recent and devastating hurricanes, the shortages in basic services, the
‘ongoing économic and fiscal crises, and the need for additional and expedited humanitarian
assistance from the U.S, federal government. Commissioner Macaulay is quoted in the press
release cemmendably stating: “The State is duty-bound to adopt comprehensive measures to
ensure thit Puerto Ricans are treated the same as other US, citizens” For this, the petitioners
in the abovereferenced case, undersigned counsel for pettorers, and (we can also
confidenty expect) the government and the people of Puerto Ric, express our appreciation
and most sincerely thank the Commission
However, we feel compelled to point out how inadequate this press release was (and
shall Teate aside how very disappointing it was for us—and, we imagine too, for the
‘govemment of Puerto Ricoto learn fist through public comments atthe hearing previously
referenced and then theough this press release, thatthe Commision i indeed looking 10
conduct an onsite investigation in Puerto Rico, rather than hearing directly from the
‘Commission on this important mater).
In ts press release, the Commission completely ignored the politcal inequality and
indignity within the greater U.S. politieal framework that the citizers residing in Puerto Rico
suffer. That framework is one in which he citizens of US, teritories-—Puerto Rico being the
largest bath geographically and in population—have no right whatsoever to vote for their
President or Viee President or for voting members in ether the Senate or the House ofInter-American Commission on Human Rights NORTON ROSE FULBRIGHT
February 19, 2018
Page 4
Representatives in the US. Congress, despite the fact that federal law fully applies in these
jurisdictions.
‘We hive made this point previously (and numerous times) 19 the Cemmission: te
United States Congress’ unequal treatment of its fellow citizens in Puerto Rico and the
resulting economic and fiscal crises are only the symptoms of the disease. The disease is
the second-class nature of « U.S. citizenship tha deprives these citizens of any right 10 vote
at the federal level, which isthe subject ofthe petitioners" case.
‘That the Commission completely ignored in its press release this inequality and
Aisrimination is very dseppointing and, frankly, frustrating. Its particulary disappointing
tnd frustrating because petitioners have for the past 11 years been attempting to focus the
CCommission’s attention on this problem. By now, the Commission should have known and
done better,
‘The United Staes* Submission on the Merits
The Commission transmitted petitioners’ merits submission to the United States on
October 11, 2017, and asked the United States to present any additional obsrvations within
four months. Those four months expired this past Februaey 12, 2018,
If the United Staes met tis deadline, we respectfully ask thatthe Commission forward
{o us its submission as soon as possible so we may review it and, if necessary epy tit
1K, however, the United States did not meet the deadline, we respectfully ask the
Commission whether the United States requested an extension of time under Aticle 37 ofthe
Commission's Rules of Procedure, which could entitle ito aa extension until April 1T®, In
that ease, we ask too tthe Commission please forward to us the United States’ extension
request and the Commission's decision regarding the same
If the United Sues has not requested an extension of time, we then ask that the
(Commission consider ‘he briefing on the merits closed, “presume[] to be tte” the facts as
alleged by petitioners es required by Article 38 of the Commission's Rules o Procedure, and
proceed to "convene the parties for a hearing” as provided for in Article 37.5 and Chapter VI
Of the same Rules of Procedure
More than 11 years have passed since petitioners fits filed their pation with this
‘Commission, In that period, three Presidential elections and six Congressional elections have
taken place in which the US. citizens of Puerto Rico have had no demestic right to
participate. The next election (another Congressional election) will be held an November 6,
2018; and the next Presidential election will be held on November 3, 2020. Unless this
situation is remedied by the United States, the U.S. citizen of Puerto Rico wil again have no
domestic right to participate in these elections. ‘This has been the staus quo since 1917 wien
Puerto Ricans were fist extended US. citizenship-now more than 100 years ago. How
‘much longer do the American citizens of Puerto Rico need to wait 10 have their
Fundamental human rights recognized by the United States or this Commision? beatingInter-American Commission on Human Rights NORTON ROSE FULBRIGHT
Februaey 19,2018
Page S
this year and, soon thereafter, a prompt decision on the merits by this Commission are
required
Hearing Request
We anderstnd tht he Comision i ing thre more sons hi ye (the
168 Period of Sessions, to be held in the Dominican Republic, from May 3":0 May 11"; (2)
the 16 Period of Sesion om Seber 278 Oatoer 3 an (3) the 170 Period of
‘Sessions, from December I to December 7*. Petitioners respectfully request that the
Comsson patho aesrng ae son a ose his yor.
‘A tearing would provide the Commission with an opportunty to hear diretly from
petitioners and other witnesses, likely including representatives of tne government of Puerto
Rico, who would describe fis-hand what the deprivation of voting rights atthe federal level
‘means tobe millions of US. citizens residing in Puerto Rico. It would also afford the United
States an opportunity to provide its views. And it would allow the Commissioners and other
CCommisson representatives to ask any questions they may still have concerning the facts in,
or the legal standards applicable o, petitioners’ ease. In short, a heaing would be part ofthe
‘minimum due process required before passing on the merits of this important case.
‘A tearing may also focus the attention of the United State” goverament on Puerta
Rico, foes that has been lacking fora Tong time and the most recem evidence of which the
world has seen in the US. federal government's inadequate response to the recent natural
disasters.
Finally, a hearing may’ also generate well-deserved public atention in Puerto Rico, in
the mainlnd United States, in the American Hemisphere, and we hope too worldwide on the
serious matter of the full disenfranchisement atthe federal level of the US, citizens of Puerto
‘Rico—a situation that has always been unacceptable, but now wel. into the 21" Century is
clearly untenable, especially in and by a country that is, and proclaims to be, the global
‘beacon of democracy and the world’s standard bearer of human rights.
We respetflly ask that this request be deemed 8 continuing ane until the Commi
is able tonccommodate petitioners’ request for such a hearing
Conclusion
‘We would be remiss not, and do take this opportunity no, to congratulate and express
‘our good wishes to Commissioners Heméndez, Urtejola, and Piovesan on their recent
appointments tothe Commission
‘On petitioners’ behalf, and on behalf of undersigned counsel, please know that we stand
ready to tid the new Commissioners and the rest of the Commission any way we can to
achieve the important tsk placed upon your collective shoulders bythe General Assembly of
‘the Orgatization of American States, mainly, the promotion and defense of human rights in
the Amercas,‘IverAmerican Commision on Hunan Rights RorTON ROSE FULBRIGHT
February 19,2018
Page 6
A very important step in the promotion and defense of human rights in the American
Hemisphere would be fr this Commission to recognize—and to do so as soon as possble—
strongly, unequivocally, enc loudly—the fundamental human right of petitioners and of all
those other millions of US. citizens in Puerta Rico to vote atthe federal level in their own
country.
Respectilly submited,
(feuds EExd I
Orlando E Vidal
Counsel for Petitioners
PEDRO ROSSELLO and THE.
UNFINISHED BUSINESS OF AMERICAN
DEMOCRACY COMMITTEE, in their
individual capacities and on "behalf of
approximately THREE-AND-A-HALF
MILLION US. CITIZENS RESIDING IN
‘THE COMMONWEALTH OF PUERTO
RICO
‘Silvia Serano Guzmén, Case Section Coordinator
Brick Acuna Pereds, Human Rights Specialist
++ Aivaro Botero, Monitoring Coordinator for Puerto Rico
+ Submitted also through the Commission's website as an oficial hearing request.
and
+ Petitioner Gov. Pedro Rossll6
‘Luis Berrios-Amadso, Esquire (on behalf of Petitioner Committee)
Fitisemanu, Plaintiffs' Reply in Support of Motion For Summary Judgment and Opposition To Defendants' Motion To Dismiss/Cross Motion For Summary Judgment