The current political status of Puerto Rico is the result of various political activities both in the United States and the government of Puerto Rico. Politically, Puerto Rico is an inseparable part of the United States, which according to the US Supreme Court's Insular Case is "a proper territory and belongs to the United States, but not part of the United States in the clause of the Constitution's income". The fundamental question of the issue is whether Puerto Rico should remain a US territory, a US state or an independent state.
The political activities of America and Puerto Rico on status issues have revolved around three sets of initiatives: orders of the executive president, bills at the US Congress, and a referendum held in Puerto Rico. The US president has issued three executive orders on this issue, and Congress has considered four major bills on the political status of Puerto Rico. The Puerto Rican status referendum has been held four times to determine the political status that Puerto Rico wants in relation to the United States. On 6 November 2012, the referendum was not binding on status issues, 54% of respondents voted to reject the current status under the territorial clauses of the US Constitution, whereas in the second question 61% liked state status as an alternative option. Another referendum was held on June 11, 2017, in which voters had three options: "Country", "Free/Independence Association" or "Recent State Status". As many as 97% of voters choose "state status", although the turnout is only 23% due to boycott from opponent to state.
In 2009, 2011 and last in 2016, the UN Special Committee on Decolonization called on the United States to accelerate the process to enable self-determination in Puerto Rico. Internationally, the people of Puerto Rico are often regarded as Caribbean nation with their own national identity. More specifically, the June 2016 Special Committee report called on the United States "to enable the Puerto Rico people to make sovereign decisions, and to address urgent economic and social needs, including unemployment, marginalization, insolvency and poverty."
Video Political status of Puerto Rico
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The United States acquired the Puerto Rico Islands in 1898 after the Spanish-American War. In 1950, Congress passed a law (P.L. 81-600) which authorized Puerto Rico to hold a constitutional convention and in 1952, the people of Puerto Rico ratified the constitution that formed a republican form of government for the island. After being approved by Congress and the President in July 1952 and thus granted powers under federal law (P.L. 82-447), the new constitution came into force on 25 July 1952.
Puerto Rico has been under US sovereignty for over a century and Puerto Rican citizens have been US citizens since 1917. Since the announcement of the current Commonwealth constitution in 1952, further local efforts to change the political status of the island occurred in 1967, 1993, and 1998. An additional referendum held in 1991 seeks to change relations through the constitutional amendment of Puerto Rico. Each time, preferred results maintain the current status of possible alternative independence of Puerto Rico and the state.
As a result of Puerto Rico's status as a US territory, Puerto Rican residents have no voice in the US Federal government. Instead of direct representation through Senators and Representatives, Puerto Rico has one Commissioner of Population who does not vote in the House of Representatives. Furthermore, Puerto Rico is not represented in Electoral College, and thus US citizens living there can not vote in the US presidential election. Puerto Rican residents can vote in Republican and Democratic primary elections.
Although Puerto Rico currently has a certain amount of local autonomy, the ground rules of the US Constitution on the island are maintained by Congress and the President of the United States. Thus, the results of the plebiscite, whether or not passed by Congress, while they reflect public sentiment, and thus bear some of the impact, may be ignored by Congress. Ultimately, the results of the Puerto Rican plebiscite are opinions, although congressional resolutions have expressed support for following the will of the Puerto Rican people.
Terminology
The term "commonwealth" does not describe or provide any particular political or relationship status... [and] when used in relation to areas under US sovereignty that are not states... broadly describes self-governing areas under the constitution of adoption and whose rights from self-government will not be unilaterally withdrawn by Congress ". This is the same terminology used elsewhere but with different meanings different from those meant for Puerto Rico:
- "Commonwealth" are the four states in the United States that call themselves, these are Kentucky, Massachusetts, Pennsylvania, and Virginia.
- A number of independent states use "Commonwealth" in their style, such as the Commonwealth of The Bahamas; Historically, the British Commonwealth, Commonwealth of Iceland, and the Commonwealth of Polish-Lithuania have also used styles in English. This corresponds to its original definition, as the Latin translation of res publica .
- "Commonwealth" is a part of the Commonwealth of Nations, a group of independent states, who voluntarily join public bonds of various kinds and whose obligations are subject to one-sided removal by one party.
- "Commonwealth" is also used in the Commonwealth of Independent States, formerly a part of the Soviet Union, but now a group of independent states, who voluntarily join the common bond of various kinds.
Yet in the United States, "commonwealth" is also a term, without a clear and stable legal definition, now and before it was used by the present and former United States wealth:
- "Commonwealth" is a term used by the Philippines before gaining its independence from the United States in 1947 and becoming a republic, before the US Supreme Court declared it a territory unrelated to the United States.
- "Commonwealth" is a term used by the US territory of the Northern Mariana Islands, a still "undoubtedly colonized country considering the decolonization criteria adopted by the United Nations, and which is openly treated as territory by the United States government."
- The definition of a tree from the term "commonwealth" under the current US State Department policy (as codified in the Department of State's manual) reads: "The term 'Commonwealth' does not describe or provide any particular political status or relationship. applied to states and territories.When used in connection with territories under US non-state sovereignty, the term broadly describes self-governing areas under the constitution of adoption and whose own right the government will not be unilaterally withdrawn by Congress. "
Juan R. Torruella, a judge in the US Court of Appeal for the First Circuit (which has jurisdiction over Federal Court for the District of Puerto Rico), claims that the use of the term "commonwealth" is a label that "can deceive and obscure the true nature of things". He argues that Puerto Rico is clearly not a country, and that "Puerto Rico's status as well as its relationship with the United States does not support the legitimate claim that the British" commonwealth "exists between Puerto Rico and the United States."
Then US Secretary of State Oscar L. Chapman, under the Department responsible for Puerto Rican affairs, clarified the new Commonwealth label by stating, "The bill (to allow Puerto Rico to write its own constitution) only authorizes Puerto Rican people to adopt their constitution alone and to regulate local government.... The bill under consideration will not change Puerto Rico's political, social and economic ties to the United States. "
The Insular Cases
It has been said that "any investigation of the status of Puerto Rico should begin with the Constitution of the United States, as well as various Supreme Courts and lower court decisions".
Almost immediately after Puerto Rico was submitted to the United States, Puerto Rico's political status was determined by a series of important decisions made by the US Supreme Court in what is collectively known as The Insular Cases. From 1901 to 1905, the Supreme Court declared that the Constitution extend the ex proprio vigore to the territories. However, the Courts in these cases also establish the doctrine of territorial stance. Under the same, the Constitution is only applied in full in territories incorporated like Alaska and Hawaii, whereas it is only partially applied in new territories in Puerto Rico, Guam and the Philippines. Although other cases are followed, the Insular Case is strictly six original opinions issued about the territory acquired as a result of the Treaty of Paris (1898). The six cases are:
Other authorities, such as JosÃÆ'Â © TrÃÆ'as Monge, state that this list also includes two additional cases:
- Dooley v. United States , 183 U.S. 151 (1901)
- Fourteen Diamond Rings v. United States , 183 U.S 176 (1901)
The Supreme Court then made another decision. For example, in Balzac v. Porto Rico , 258 U.S. 298, 305 (1922), explains the difference between a territory with legal status and non-territory. Juan R. Torruella reiterates in this way, "an unrelated territory is an area that, when acquired by the United States, no intention is clearly stated that it will eventually be incorporated into the Union as a State".
Because Insular Cases has determined that only rights in the US Bill of Rights are set to be "fundamental" applicable in unrelated territory, the implications of Balzac v. Porto Rico is huge. As an example:
- The court is of the opinion that the right to be tried by a jury is not of fundamental rights, and thus need not be given to criminal defendants in Puerto Rico. (See Dorr v. United States . See also Balzac v. Porto Rico
- The court relied on Downes and Balzac to justify a direct denial of the Additional Security Income (SSI) to a US citizen who had moved to Puerto Rico from the United States. This decision allows Congress to refuse the payment of Additional Income Security (SSI) to the elderly and benefits for children and poor people living in Puerto Rico, even in the case of the insured who has worked throughout his life as a resident of the United States, but later moved to living in Puerto Rico. (See Califano v. Torres , 435 U.S. (1978) (per curiam))
In a brief approval in the decision of the United States Supreme Court Torres v. Puerto Rico, 442 US 465 (1979), Chief Justice Brennan, argues that any implicit implications of Insular Cases on fundamental rights are granted by the anachronistic Constitution (including especially Bill of Rights) in the 1970s. Maps Political status of Puerto Rico
Current political status implications
The political status of Puerto Rico currently limits the autonomy of the Puerto Rican government. For example, the Island government is not entirely autonomous, and the federal presence on the island is commonplace, including branches of the Federal District Court of the United States.
People born in the Commonwealth of Puerto Rico are naturally born US citizens. The people of Puerto Rico are also protected by a group of "basic civil rights" but, since Puerto Rico is not a state, they are not covered by the Human Rights Act. All residents must pay federal taxes, but for various reasons, only some pay federal income taxes.
In 2017, the Government Accountability Office estimates that the company paid taxes of $ 1.42 billion. If Puerto Rico were to become a state, the company would pay about $ 5 billion to $ 9.3 billion.
The Puerto Rican does not have a representative in the US Congress, but they have a Resident Commissioner who has a voice in the Congress (but no vote other than the voting level committee). Puerto Rican people must also serve in the United States military whenever required on the mainland of the United States, with the same duties and duties as Americans living in 50 states.
Governor Alejandro GarcÃÆ'a Padilla signed a law that would allow companies owned by the Commonwealth to declare bankruptcy. However, in Puerto Rico v. Franklin California Free Taxes Trust (2016), US Supreme Court, by vote 5-2, finds the law void as it was preceded by the US Bankruptcy Code, with Judge Sonia Sotomayor disagreeing.
In Puerto Rico v. Sanchez Valle (2016) The US Supreme Court found that the United States Constitutional Jeopardy Double Clause prohibits consecutive criminal prosecution by the Commonwealth and Federal Government because they are not separate rulers.
On June 30, 2016, President Barack Obama signed PROMESA into law, which empowered him to appoint seven members of the Supervisory Board and Financial Management who have full control over the Commonwealth budget.
Status question
The main political issue of Puerto Rico is the region's relationship with the United States. A territory of the United States since 1898, and known as the "Estado Libre Asociado" (Free State Association) or as a commonwealth since 1952, Puerto Rico is now divided by deep ideological divisions, political parties, representing three different future political scenarios: the status quo (commonwealth), state status, and independence. The Popular Democratic Party (PPD) seeks to defend or enhance its current status into a more sovereign territory in the United States, the New Progressive Party (PNP) seeks to fully incorporate Puerto Rico as a US state, and the Puerto Rico Independence Party (PIP) seeks national independence.
When asked, in non-binding plebiscites, to choose between independence, state status, or the continuation of the status quo with enhanced strength, as proposed by the PPD, the Puerto Rican people have chosen to remain a commonwealth. In the second plebiscite from behind in 1998, Puerto Rico voted "no one on top" by a small majority. This has been interpreted as: "the people of Puerto Rico are exercising their right to self-determination, and the majority of them - completely 50.3 per cent, to be exact - choose to remain colonies One might also say, however, the oldest strategy for organizing subjects stubborn - divide and conquer - subtly work. "
Obviously, however, that they are not satisfied with their current status. This issue is disputed and is on the agenda of all political parties and civil society groups. Some pro-commonwealth leaders in the PPD propose an Associated Republic or Free Associations similar to those in the former US territory of the Federated States of Micronesia, the Marshall Islands or Palau.
Plebiscite
In general, three main alternatives are presented to Puerto Rico voters in plebiscite status:
- Full independence
- Maintenance or improvement of the Commonwealth status
- full state
The right hope for each of these status formulas is a matter of debate by adherents and critics of given positions. The people of Puerto Rico have proposed positions that change the above alternatives:
- Free underestimated by gradual US subsidies
- political autonomy but not expanded fiscal
- State status with phased removal of federal industrial tax incentives
The following table summarizes the plebiscite results so far.
In a referendum on the status of Puerto Rico, 2012 54.00% of voters showed "No" to maintain current political status. 61.11% of voters chose state status, 33.34% chose free association, and 5.55% chose independence. Because there were nearly 500,000 blank ballot papers, creating confusion about the voters' true desires, Congress decided to ignore the vote. The 2014 budget budget includes $ 2.5 million in funding for future voting on the political status of Puerto Rico.
The previous plebiscites gave voters three options: remain Commonwealth, State of State, and Independence/Free Association. The referendum on the status of Puerto Rico, 2017 offers only two choices: State and Independence/Free Associations. If the majority supports Independence/Free Association, a second vote will be held to determine preference: full independence as a nation or free state status associated with independence but with "free and voluntary political associations" between Puerto Rico and the United States. The details of the association agreement will be specified in the Compassionate Free Association to be negotiated between the US and Puerto Rico. The document may cover topics such as the US military role in Puerto Rico, the use of US currency, free trade between the two entities, and whether Puerto Rican citizens will become US citizens.
Governor Ricardo RossellÃÆ'³ strongly supports the state to help develop the economy and help "resolve our 500 year old colonial dilemma... Colonialism is not an option.... This is a civil rights issue... 3.5 million citizens." seeking absolute democracy, "he told the news media.
Being a state may be useful as a means to overcome the financial crisis, as it will allow bankruptcy and relevant safeguards. According to the Government Development Bank, this may be the only solution to the debt crisis. Congress has the power to choose to allow Chapter 9 protection without the need to be a country, but by the end of 2015 there is little support in the House for this concept. Other benefits to state status include increased disability benefits and Medicaid funding, the right to vote in Presidential elections and higher (federal) minimum wages.
Around the same time as the referendum, Puerto Rican legislators are also expected to vote on a bill that will allow the Governor to draft a state constitution and hold elections to elect senators and representatives to federal Congress. Regardless of the outcome of the vote, Congress will be the body to make a final decision on the status of Puerto Rico.
Presidential executive order
Various US presidents have signed executive orders to help define, study, and produce activities related to the political status of Puerto Rico. The three main commands are the executive orders of 2005, 2007, and 2011 to establish the Presidential Task Force on the Status of Puerto Rico.
Bill in U.S. Congress
The Territories Clause of the United States Constitution allows Congress to "dump" Puerto Rico and allow it to become independent of the US (in the same way as the Philippines did in 1945) or, under the authority of the Admissions Clause (Art IV, Sec. 3, cl 1) to be recognized as a state of the United States (by Congressional vote in the same way as Alaska and Hawaii were treated in 1958 and 1959 respectively).
Because Congress must approve a change of political status for Puerto Rico, some argue that "congressional approval for [voting] options, before to the plebiscite will save Puerto Rican people the sadness of an emotionally tiring and sounding divisive politics that might produce a status unacceptable to Congress ". Former Resident Commissioner and Former Governor Carlos Romero BarcelÃÆ'³ echoed this sentiment when he recalled, at the 1997 congressional hearing that both "Young Representatives and Miller clearly stated [in their March 3, 1997 letter to the president of the three political parties in Puerto Rico] that no there is a purpose in presenting the Puerto Rico people of a status definition that does not represent the option that Congress will be willing to ratify it if approved in a plebiscite. "
A catalyst for legislative activities taking place in Congress is a December 2005 release of the presidential task force report. Per United States v. Sanchez, 992 F.2d 1143, 1152-53 (11th Cir. 1993), "Congress continues to be the highest source of power [on Puerto Rico] under the Constitutional State Clause". (cited United States v. Andino , 831 F.2d 1164, 1176 (1st Cir. 1987) (Torruella, J., concurring), cert is rejected, 486 US 1034 (1988)), cert. rejected, 510 U.S 11 10 (1994).9 The Congress Act, therefore, is ultimately needed to change political status as Puerto Rico.
On 9 June 2016, at the Commonwealth of Puerto Rico vs. Sanchez Valle, 6-2 the majority of the United States Supreme Court determined that Puerto Rico is territorial and has no sovereignty. The court opinion stated: "Back from the people of Puerto Rico and their Constitution, the main source of force of the prosecutor's office remains the US Congress, just as returning from a city charter lies with the state government."
Four major bills on the political status of Puerto Rico have come before Congress, H.R. 856, H.R. 900, H.R. 2499, and H.R. 2000.
UN Classification
The United Nations has intervened in the past to evaluate the legitimacy of Puerto Rico's political status, to ensure that the island's government structure conforms to the standards of self-government which are the fundamental principles of the UN Charter, its treaties and principles. international law. Some officials, such as Trias Monge, argue that Puerto Rico "clearly did not meet the decolonization standards set by the United Nations in 1960".
Resolution 748
During the 8th session, the UN General Assembly recognized the self-governing Puerto Rican government on 27 November 1953, with Resolution 748 (VIII). (United Nations Resolution "748 (VIII)", adopted on 27 November 1953, in the Plenary Session 459.) This omits the classification of Puerto Rico as a non-self-governing territory (under article 73 (e) of the Charter of the United Nations). The resolution passed, garnering a favorable vote from about 40% of the General Assembly, with more than 60% not voting or voting against it (20 to 16, plus 18 abstentions). Today, however, the UN "is still debating whether Puerto Rico is a colony" or not.
UN vote aftermath
However, the political status of Puerto Rico is still debated in many international forums, probably in part due to circumstances surrounding the vote: "Under United States pressure, General Assembly resolution 748 was passed - albeit only narrowly and with many abstained nations debate on Resolution 748 pushing the Union The United Nations to approve regulatory arrangements that would provide full self-governance for non-self-governing territories: in US terms, these arrangements are states, freedoms and free associations, but under international law, is a sovereign state in governmental arrangements with other countries that can unilaterally end the state. "Although the subject continues to be debated in many forums, it is clear that (1) the current territorial status has not satisfied the political leaders of Puerto Rico, and (2) that regardless of the different views of or ang Puerto Rico with respect to their preferred political status, 'All factions agree on the need to end the current undemocratic arrangement in which Puerto Rico is subject to the laws of Congress but can not vote in it.'
Attempts to reintroduce new UN vote
A list of factors to determine when a colony has reached the full measure of self-government emerged in Resolution 1541 (XV) of the United Nations General Assembly, 15 UN GAOR Supplement (No. 16) at 29, UN Document A/4684 (1960).
The General Assembly did not apply its full list of criteria to Puerto Rico to determine whether the status of self-government had been achieved or not. The UN Committee for Non-Self-Governing States recently unanimously agreed to ask the General Assembly to raise the issue of Puerto Rico. In June 2007, the Puerto Rico Senate approved a Joint Resolution that urged the United Nations General Assembly to discuss the Puerto Rican case.
Beginning in 1971, "Cuba introduced an annual resolution on this issue at the UN Decolonization Committee but the United States had blocked the General Assembly's actions and ceased cooperation with the Decolonization Committee.On August 23, 1973, the United States vigorously opposed that Puerto Rican members The independence movement was allowed to speak at the UN The US position has not yet stated that Puerto Rico is not a territory; rather, the position of US records, based on General Assembly Resolution 748, is that the Decolonization Committee has no jurisdiction, that the problem is one for the United States and Puerto Rico to complete, and that Puerto Rico has not been looking for a new status. "
In 1972, the United Nations established a precedent when, after approving the Puerto Rican association with the United States in 1953 as sufficient evidence to remove PR from the list of States of Colon, the United Nations reopened the issue in 1972 and is still under review. "The failure [of the United States] to include independence as the choice and harassment of pro-independence organizations [Puerto Rico] is a reason to reconsider Puerto Rico's recent status".
Since 1972, the Decolonization Committee has called for decolonization of Puerto Rico and for the United States to recognize the island's right to self-determination and independence. Recently, the Decolonization Committee called on the General Assembly to review the political status of Puerto Rico, a force provided by the 1953 resolution.
In 1993, the United States Court of Appeals for the Eleventh Circuit stated that Congress could unilaterally revoke the Puerto Rico Constitution or the Puerto Rico's Federal Relations Act of 1950 and replace it with any rules or regulations it elects. In a 1996 report on the laws of Puerto Rico's political status, the US Resource Committee in Resources stated, "The current status of Puerto Rico does not meet the criteria for one of the options for full self-government under Resolution 1541" (three forms established from government (2) independent associations on the basis of separate sovereignty, or (3) full integration with other countries on an equal basis). The report concludes that Puerto Rico "remains an unrelated territory and has no 'free association' status with the United States because it is defined under US law or international practice", and that the establishment of a self-governing local government with the consent of the people can be unilaterally revoked by the US Congress. The application of the US Constitution applies in part to Puerto Rico by Insular Cases.
United Nations Special Committee for Decolonization
Since 1953, the UN has considered the political status of Puerto Rico and how it helps in achieving "independence" or "decolonization". In 1978, the UN Special Committee on Decolonization determined that "colonial relations" exist between the US and Puerto Rico.
The UN Special Committee on Decolonization often calls Puerto Rico a nation in its report, because, internationally, the people of Puerto Rico are often regarded as Caribbean people with their own national identity. In a June 2016 report, the Special Committee called on the United States to expedite the process to enable self-determination in Puerto Rico. The group called on the United States to speed up a process that would allow Puerto Rican people to exercise their full right to self-determination and independence.... [and] enable the Puerto Rican people to make sovereign decisions and to address urgent economic and social needs, including unemployment, marginalization, insolvency and poverty. "
Different national group
Internationally
Although politically associated with the United States, Puerto Rico is considered by many other countries to have its own distinct national identity. Internationally, it has been reported that "The 14th Ministerial Conference of the Non-Aligned Movement... reaffirms that Puerto Rican people are Latin American and Caribbean countries."
Among Puerto Ricanes
Although Puerto Rico is an inseparable part of the United States classified as a commonwealth, many Puerto Rican people regard it as a country within and within the country itself. In their book on American expansionism entitled Louisiana Purchases and Expansion America, 1803-1898, Sanford Levinson and Bartholomew H. Sparrow also stipulated that "Most people of Puerto Rico consider themselves as different national groups." They also observed that both Americans and Puerto Ricans see themselves as separate cultures - "even separate citizenship".
At the local level, it has been observed that Puerto Rican people "regard themselves as different national territorial units, a nation determined by cultural distinctiveness." In recent plebiscites, Puerto Rican people have not claimed to support political status with a view to becoming a sovereign state, but the idea that Puerto Rico is a separate social, political and cultural entity of the United States has been repeatedly expressed.
U.S. political party position
The two main American political parties (Democrats and Republicans) have expressed their support for US citizens in Puerto Rico to exercise their right to self-determination, with the Republican platform explicitly naming support for the Democratic Party and state platforms that expresses more explicit support extensive right to self-determination.
Controversy
The US-Puerto Rico relationship is a matter of debate. Some argue that the current political status of Puerto Rico, perhaps with improvement, remains a viable option. Others argue that the status of the Commonwealth is or should be only a temporary improvement to be completed for other solutions deemed permanent, non-colonial, and non-territorial. Some argue that if independence is achieved, close ties with the United States can be continued through compact negotiations with the federal government. One element that all participants seem to share is that the Puerto Rican people seek to achieve full democratic representation, primarily through voting rights to the national laws on which they are subject.
Decolonization by the UN and political empowerment
The controversy exists around the "real" political status of Puerto Rico, with some calling it a colony and others disagreeing. Some (mainly independent and foreign countries) claim Puerto Rico is still a colony even though the United Nations removed Puerto Rico from its own list of non-governmental nations in 1953. Others (especially those who voted for current commonwealth status) argue that Puerto Rico is not a colony because The UN has not revoked its resolution after 55 years.
Some authors call Puerto Rico "the oldest colony in the world" (2001) and "one of the last colonies in the world" (2004). Former judge of the Supreme Court of Puerto Rico José © TrÃÆ'as Monge wrote a book calling it "the oldest colony in the world". Those who argue that Puerto Rican colonists still insist that despite the UN resolution, Puerto Rico remains the so-called few "post-colonial colonies". The defense from this point of view argues that Puerto Rico has self-determination less than before the US invasion - it no longer has Puerto Rican own citizenship, free maritime control, or congressional representation as it did in Cortes Spain. TrÃÆ'as Monge argues that shortly before the US invasion, Puerto Rico enjoyed greater freedom and rights in certain areas:
- The insular parliament may enact legislation in terms of monetary, banking, import/export duties and public credit policy
- Puerto Rico can negotiate its own commercial agreement
- The Puerto Rican is a Spanish citizen, equivalent in all respects to a Spanish mainland citizen
- The Spanish Constitution is applied in Puerto Rico in the same manner as applied in proper Spain
- The Autonomy Charter of 1897, which governs Puerto Rico's relationship with Spain, can not be changed except with the approval of Puerto Rico
But those who claim Puerto Rico is not a colony would say that in the 8th session, the UN General Assembly recognized the self-governing Puerto Rican government on November 27, 1953, with Resolution 748. This side indicates that the recognition removed Puerto Rico's classification. as a non-self-governing territory (under article 73 (e) of the Charter of the United Nations). They added that the Resolution has not been revoked despite the political status of Puerto Rico is still being debated in many international forums.
Those who claim Puerto Rico are still colonists argue that Puerto Rico is held to a Commonwealth status by the US Congress to provide a view of self government but the original decolonization never took place. These proponents claim that the Puerto Rico's Federal Relations Act of 1947 enabled the United States to continue its colonial policy of Puerto Rico in the post-colonial world. They see the Federal Ruling Puerto Rico Act of 1950 (PL 600) as a gimmick to maintain colonial PR status. "The US Congress, however, carefully defended its exclusive right to [unilaterally] change the political status of Puerto Rico. temporary arrangement or at worst as a relic of the old colonial period. "They also point to the fact that no change in the political status of Puerto Rico is possible unless authorized by the US Congress as evidence of current status. Rivera Ramos argues that "the deepest question concerns the source of the right and the source of authority to govern... In the case of unrelated territories, the rights that are perceived to be valid for their people, as well as those who reject it, have their source in their constitution yet approve or have the power to amend ".
Those who support the view that Puerto Rico is no longer a colony but have turned into different status, the commonwealth, argue that since the 1952 Constitution Congress has indicated that they will respect the wishes of the people of Puerto Rico, which shows that this is evidence of the validity of current status as non- colony.
Those who claim it is still a colony point for the legislative Congress for Puerto Rico, and for bills in which texts like those allowing plebiscites in Puerto Rico (example "to do a second plebiscite between option (1) independence, (2) national sovereignty in relations with the United States, and (3) the United States of America.3 The three options in the plebiscite also correspond to the options identified by the UN as an option for the decolonization of a territory. "(HR 2499, part 2 (c)) clearly includes content to meet United Nations -States for decolonization of territory.In addition to court decisions such as the 1993 US Appeals Court for the decision of the Eleventh Circuit, which states that Congress may unilaterally revoke the Puerto Rican Constitution or the Puerto Rico Federal Ruling Act and replace it with any rules or regulations it elects.
Granting U.S. citizenship and cultural identity.
Some claim that US citizenship in Puerto Rico on March 2, 1917 was designed by the United States to further repeat Puerto Rico's ownership as a temporary possession while others claimed it was a serious attempt to pave the way for statehood.
The former head of the Puerto Rico Supreme Court, Josà © à © TrÃÆ'as Monge insists that statehood was never meant for the island and that, unlike Alaska and Hawaii, which Congress considers to include territory and is scheduled for annexation to the Union from its inception, Puerto Rico remains " related "to avoid offering state status. And Myriam Marquez has stated that the people of Puerto Rico "fear that statehood will strip people of their national identity, from their different cultures and languages". Ayala and Bernabe added that "the purpose of the inclusion of US citizenship to Puerto Rico in the Jones Act of 1917 is an attempt by Congress to block independence and perpetuate Puerto Rico in its colonial status". The supporters of the citizenship clause in the Jones Act argue that "extension of citizenship is not a state promise but rather an attempt to exclude any consideration of independence".
The opening of the Commonwealth constitution approved by the people of Puerto Rico in 1952 partly reads: "We regard as the decisive factor in our lives of our citizenship of the United States and our continuing aspiration to enrich our democratic heritage in individuals and collectives enjoying its rights and privileges;
For the pro-state movement on the island, US citizenship concessions have been seen, since then, as a key that will ultimately guarantee state status for the island, as soon as the people of Puerto Rico are demanding equality in citizenship.
As a former Chairman of the Puerto Rico House of Representatives, Miguel A. GarcÃÆ'a MÃÆ' Â © ndez later stated, "For American citizens, there can be no political purpose other than equality with fellow Americans.to find another solution - to deny equality - is to deny fate natural American citizenship. "
However, as early as 1912, President William Howard Taft has said that there is no connection between the extension of citizenship to Puerto Rico and the prospect of receiving Puerto Rico to the American Union. "I believe the demand for citizenship is fair, and much is attained by the continued loyalty of the islanders, but it must be remembered that demand must be completely separated from state thinking". President Taft's view in 1912 became the opinion of the Supreme Court when, in 1922, as Supreme Court Justice, Taft wrote an opinion on Balzac, the last of so-called Insular Cases.
So, ultimately, U.S. citizenship has many meanings for the people of Puerto Rico. For some, this is a welcome link to the United States, regardless of the political status of the region. For others, it is nothing more than an identity imposed by imperial forces. Still others consider it a useful asset that provides access to certain rights and benefits and real opportunities. And there are those who appreciate it as an element of their self-image and identity.
Economic survival and self support
Some argue that Puerto Rico can not be a fully independent republic because there will be economic turmoil and its citizens will starve to death given that the land has no natural resources to sustain its population. But others point to the example of independent states, such as Ireland and Singapore and, although some contain less land and natural resources than Puerto Rico, today it has much better economy than the Island.
According to educational scientists Francesco Cordasco and Eugene Bucchioni, in their 1973 work The Puerto Rican Experience: Sourcebook Sociical, the belief that Puerto Rico can not survive with its own results from teachings since primary school. "Puerto Rican people here and in Puerto Rico are taught three things: Puerto Rico is small and the US is big, Puerto Rico is poor and the US is rich, Puerto Rico is weak and the US is strong." This non-sustainability theory is not new; has been held by various groups since at least the 1930s.
The Commonwealth partisans argue that Puerto Rico can not afford to be a state, that post-war economic growth in Puerto Rico is a result of special treatment through Federal tax exemption. Citizens are responding that such tax exemptions primarily benefit large industrialists and not the population as a whole because poor Puerto Ricans will not pay taxes.
An example given by those who claim that the Island will be able to support itself is Singapore, an archipelagic state 14 times smaller than Puerto Rico with much higher population densities and fewer natural resources, which have outpaced the per capita incomes of these countries, a larger country. , including the United States.
"In Puerto Rico, since you were a child, you are told that you live on a small island with no natural resources, nothing whatsoever.This is what they teach in school, on TV, the media, and it is always negative.This perception is a by-product of the island's political dependence on the US politicians here will name it 20,000 different ways, but in the Puerto Rico dictionary is a colony, and there is this colonized mentality that everything from abroad is better. "
Juan Mari BrÃÆ'¡s states, "Only through a large united movement that searches beyond political and ideological differences can it be that the fear of hunger and persecution must be overcome for the liberation of Puerto Rico, penetrating domination by the greatest imperialist forces of our time."
English as the official language
After the invasion by the United States in 1898, America made English the official language. In 1991 under the administration of pro-Commonwealth PPD, Rafael HernÃÆ'¡ndez ColÃÆ'³n Spain was declared the only official language on the island. Then, in 1993, under the administration of PNP pro-statehood Pedro RossellÃÆ'³, the law was canceled, and the English language was restored as the official language alongside Spain. In a 1993 survey by Ateneo PuertorriqueÃÆ' Â ± o, a prominent cultural institution in Puerto Rico, 93 percent of respondents indicated that they would not release Spanish as their language if Puerto Rico was once a US state, even if the United States of America needed as the only official language on the Island.
Select and representative rights in the U.S. Congress.
In the case of the First Circuit Court of First Instance IgartÃÆ'ºa v. United States of America, two of the three members of the three-judge panel that reject the appeal on procedural grounds are advised in a separate opinion that, in a review of the United States, the United States may be required to extend full voice representation to United States citizen in Puerto Rico if (1) the Court of Appeal decides that, contrary to the precedent of the current Circuit, the Constitution does not prohibit the extending of such rights "under other sources of law", (2) ) that the International Covenant on Civil and Political Rights, which, in Article 25, states that "[e] a citizen with the utmost right and opportunity... [t] o votes and to be elected at a pure and periodic election shall universal and equal suffrage ", is self-executing.
Puerto Rico state and status
More Puerto Rican people live in the United States than in Puerto Rico. A 2009 report by the Pew Hispanic Center shows that, in 2007, 4.1 million Puerto Ricans live on land versus 3.9 million living on the island. Since the 1967 referendum, there have been demands that the states of Puerto Rico be allowed to vote in this plebiscite on the political status of Puerto Rico. Since the 1990s, the role of the state of Puerto Rico in advocating Puerto Rico in Washington, DC, on issues such as the elimination of the Navy from Vieques and others has increased, especially given that there are three members of the US Congress voting in the States Union. Puerto Rico (two from New York City and one from Chicago), is different from the only Puerto Rican Resident Commissioner in the US Congress without voting.
Between February 24 and March 6, 2006, the National Institute of Latino Policy conducted an Internet opinion survey of various sections of community leaders and Puerto Rican activists in the United States. The survey has a total of 574 respondents, including 88 non-Puerto Rican members of the national network of community leaders of the Institute.
The views of 484 Puerto Rican people in the survey found widespread support among them to hold plebiscites on the political status of Puerto Rico in the future. While 73% support such voting, they are divided on the options to be selected. Those who backed the 2005 proposal made by the White House Task Force on the Puerto Rican Status that the vote was ultimately limited to the state versus independence option comprised 31% of the total respondents. 43% supported including the Commonwealth option in the proposed plebiscite.
AS. public opinion about the status of Puerto Rico
In the Gallup Polling of 1991 more than 60% of Americans say they will support independence or statehood if the majority of Puerto Rican people also vote.
Gallup poll of March 13, 1998 asked Americans: "Do you personally think Puerto Rico: Must be a fully independent country, should it remain the territory of the United States, or, should it be accepted in the United States as the fifty-first state?"
The response is:
- Be independent - 28%
- Stay in U.S. territory - 26%
- Recognized as country fifty-one - 30%
- None/Other - 5%
- No opinion - 11%
In a Fox/June Opinion poll of June 2007, 57% of Americans opposed the state of Puerto Rico.
See also
Additional readings
- "The Story of Singularly Strange from English in Puerto Rico" by A Pousada.
- "Political Status of Puerto Rico and Plebiscite 2012: Background and Key Questions."
- The Commonwealth of Puerto Rico is an unincorporated territory and has no 'free association' status with the US as defined under US law or international practice.
Note
References
External links
U.N. Resolution
- 2011-06-20. Special Committee for Decolonization Calls in the United States, in the Text of Consensus, to Accelerate the Process of Enabling Puerto Rico to Prepare Self-Determination: Nearly 25 Petitioners Underline Gravity Situation on the Island, Belch Under Economic Tension; The strong opposition to the death penalty is also stated. (June 20, 2011) Accessed on April 22, 2012.
- 2010-06-21. Special Committee for Decolonization Passes Urgent Text of the General Assembly to Think of the Situation Formally Concerning Puerto Rico: A Draft Call Resolution in the United States for Self-Esteem Island Determination. (June 21, 2010) Retrieved 11 July 2010.
- 2009-06-15. The Special Committee for Decolonization Approves Text Calling in the United States to Accelerate Self-Determination Process for Puerto Rico. Members Hearing Petitioners Voice of Independence, State of State, Free Associations. (June 15th, 2009) Retrieved 3 September 2010.
- 2006-06-13. The Special Committee on Decolonization Approves Calling Text in the United States to Accelerate the Puerto Rico's Self-Determination Process. Draft Urgent Resolution Probe for the Killing of Pro-Independence Leaders, Human Rights Violations; Call for Cleaning, Decontamination Vieques. (13 June 2006) Retrieved 3 Dec 2009.
Bill before Congress
- 1996-03-23. HR-3024, US-Puerto Rico Political Status Act. San Juan, PR. (March 23, 1996) Retrieved on 3 December 2009.
- 1997-03-19. 1997 Status of Puerto Rico Heard before the Resource Committee, House of Representatives. The 105th Congress. First Session on H.R. 856, "A Charge for Giving a Lead Process to Self-Governance for Puerto Rico". (March 19, 1997) - Washington, D.C. (Serial No. 105-16)
- 2007-02-07. Text H.R. 900: Puerto Rico Democracy Act of 2007. Union Calendar No. 370. 110 CONGRESS, 2d Session. H.R. 900. Report No. 110-597. To provide a government-approved process of self-determination for the people of Puerto Rico. In the House. (February 7, 2007)
More
- Will Puerto Rico Finally Become Our 51st State?
- Portal de la ComisiÃÆ'³n Estatal de Elecciones de Puerto Rico (In Spanish)
- Federal Puerto Rican Affairs Administration
- Introduction to the Puerto Rico Debate on the Wayback Machine (archived August 7, 2007) (archived from the original in 2007-08-07)
- Again with the 51st State... by Eric Lurio, The Huffington Post , August 1, 2009
- House Vote On Puerto Rico's Status Divides Hispanic Lawmakers - video report by Democracy Now!
- 1993-07-13. Puerto Rico Self-Determination Part I. Hearing Before the Subcommittee on Nursing Affairs of the Natural Resources Committee, House of Representatives. The 103rd Congress, First Session. At H. Con. Res. 94: Expressing Congress's Expression of Self-Determination by the People of Puerto Rico. Washington, D.C. (13 July 1993) Retrieved 3 Dec 2009.
- Legal Text # 283 of 2011, booked a plebiscite of Political Status 2012, and which provides a fairly complete picture of events relating to the political status of Puerto Rico that has taken place since 1898 of the US annexation on the island. Retrieved January 10, 2012.
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