Political status of Puerto Rico
U.S. Presidents have issued three executive orders on the subject, and Congress has considered four major bills on Puerto Rico's political status.
Although Puerto Rico presently has a certain amount of local autonomy, according to the U.S. Constitution ultimate governance of the island is retained by both the U.S. Congress and President.
[44]Other authorities, such as José Trías Monge, state that the list also includes these additional two cases:[43] The Supreme Court later made other rulings.
A United States territory since 1898, and known as "Estado Libre Asociado" (Free Associated State) or as commonwealth since 1952, Puerto Rico today is torn by profound ideological rifts, as represented by its political parties, which stand for three distinct future political scenarios: the status quo (commonwealth), statehood, and independence.
When asked, in non-binding plebiscites, to choose between independence, statehood, or continuation of the status quo with enhanced powers, as proposed by the PPD, Puerto Ricans have voted to remain a commonwealth.
Puerto Ricans have proposed positions that modify the alternatives above: indemnified independence with phased-out U.S. subsidy, expanded political but not fiscal autonomy, statehood with a gradual phasing out of industrial federal tax incentives.
[77] At approximately the same time as the referendum, Puerto Rico's legislators are also expected to vote on a bill that would allow the Governor to draft a state constitution and hold elections to choose senators and representatives to the federal Congress.
[76] Various U.S. presidents have signed executive orders to help define, study, and generate activity regarding the political status of Puerto Rico.
It has been asserted that, since Congress must approve of any political status change for Puerto Rico, congressional agreement to the options [on a ballot], prior to a plebiscite would save the people of Puerto Rico the grief of an emotionally draining and politically divisive vote that might result in a status not acceptable to Congress.
[78] Former Resident Commissioner and Former Governor Carlos Romero Barceló echoed this sentiment when he recalled, at a 1997 congressional hearing, that both "[Representatives] Young and Miller were clear in stating [in their March 3, 1997, letter to the presidents of the three political parties in Puerto Rico] that there was no purpose in presenting the people of Puerto Rico a status definition which does not represent an option that the Congress will be willing to ratify should it be approved in a plebiscite.
Some authorities, such as Trias Monge, argue that Puerto Rico "clearly does not meet the decolonization standards set by the United Nations in 1960".
[84] During its 8th session, the United Nations General Assembly recognized Puerto Rico's self-government on November 27, 1953, with Resolution 748 (VIII).
[86] However, Puerto Rico's political status is still debated in many international forums, possibly in part because of the circumstances surrounding the vote: "Under United States pressure, General Assembly Resolution 748 passed—though only narrowly and with many countries abstaining.
'[87] The list of factors for determining when a colony has achieved a full measure of self-government appears in Resolution 1541 (XV) of the General Assembly of the United Nations, 15 UN GAOR Supplement (No.
The UN's Committee on Non-Self-Governing States recently unanimously agreed to ask the General Assembly to take up the issue of Puerto Rico.
Most recently, the Decolonization Committee called for the General Assembly to review the political status of Puerto Rico, a power reserved by the 1953 resolution.
[24][23] In a June 2016 report, the Special Committee called for the United States to expedite the process to allow self-determination in Puerto Rico.
The group called on the United States to expedite a process that would allow the people of Puerto Rico to exercise fully their right to self-determination and independence.
... [and] allow the Puerto Rican people to take decisions in a sovereign manner and to address their urgent economic and social needs, including unemployment, marginalization, insolvency and poverty".
Others (notably those who vote for the current commonwealth status option) argue that Puerto Rico is not a colony because the UN has not revoked its resolution after 55 years.
(2001)[114] Former chief justice of the Puerto Rico Supreme Court José Trías Monge wrote a book that referred to it as the "oldest colony in the world".
[85] This side points out that such recognition removed Puerto Rico's classification as a non-self-governing territory (under article 73(e) of the Charter of the United Nations).
[126] On July 1, 2024, Governor Pedro Pierluisi, who leads the pro-statehood New Progressive Party ordered that a non-binding plebiscite regarding Puerto Rico status be held concurrent with the general elections on November 5.
[127][128] Former chief of the Puerto Rico Supreme Court José Trías Monge insists that statehood was never intended for the island and that, unlike Alaska and Hawaii, which Congress deemed incorporated territories and slated for annexation to the Union from the start, Puerto Rico was kept "unincorporated" specifically to avoid offering it statehood.
[129] And Myriam Marquez has stated that Puerto Ricans "fear that statehood would strip the people of their national identity, of their distinct culture and language".
[137] Statehood supporters contend that Puerto Rico cannot become a fully independent republic because there will be economic chaos due to insufficient natural resources, especially food.
[144] Far-left independence activist Juan Mari Brás stated, "Only through a great unified movement looking beyond political and ideological differences, can the prevalent fears of hunger and persecution be overcome for the eventual liberation of Puerto Rico, breaking through domination by the greatest imperialist power of our age.
Then, in 1993, under the pro-statehood PNP administration of Pedro Rosselló, the law was reversed, and English was again reinstated as an official language alongside Spanish.
[149][150] In a First Circuit Court of Appeals case Igartúa v. United States, two of three members of the three-judge panel that dismissed the appeal on procedural grounds suggested in separate opinions that, in an en banc reconsideration, the United States could be required to extend full voting representation to the United States citizens in Puerto Rico if (1) the en banc Court determines that, contrary to current Circuit precedent, the Constitution does not prohibit extending such rights "under another source of law", (2) that the International Covenant on Civil and Political Rights, which, at Article 25, states that "[e]very citizen shall have the right and the opportunity...[t]o vote and to be elected at genuine and periodic elections which shall be by universal and equal suffrage", is self-executing.
Between February 24 and March 6, 2006, the National Institute for Latino Policy conducted an opinion survey over the Internet of a broad cross-section of stateside Puerto Rican community leaders and activists across the United States.
