Is Puerto Rico a colony of the United States?
37576626#1
Even though Puerto Rico was granted local autonomy in 1952, it remains a territory of the United States. Its ambiguous status continues to spark political debates which dominate Puerto Rican society. The debate over Puerto Rico has been discussed at various UN hearings where it has been declared a colony of the United States by the UN Special Committee on Decolonization. Various Presidents of the United States have expressed themselves in favor of statehood but ultimately left the decision to Puerto Rico. President's Task Force on Puerto Rico's Status were published in 2005, 2007 and 2011. Non-binding referenda regarding Puerto Rico's status have been held in 1967, 1993, 1997, 2012, and 2017.
Proposed political status for Puerto Rico
40492173#6
After Puerto Rico was ceded to the United States as part of the Treaty of Paris, the United States and Puerto Rico began a long-standing metropolis-colony relationship. It is at this time that Puerto Rico became subject to the Commercial and Territory Clause of the U.S. Constitution, clauses that restrict how and with whom can Puerto Rico engage internationally. The territory also became, as a byproduct, subject to the different treaties and trade agreements ratified by the United States.
Foreign and intergovernmental relations of Puerto Rico
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Some authors have called Puerto Rico "the world's oldest colony". (2001) 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". Those who argue that Puerto Rico is still a colony insist that despite the UN resolution, Puerto Rico remains what some call a "post-colonial colony". Defenders of this point of view argue that Puerto Rico has less self-determination than before the U.S. invasion—it no longer has its own Puerto Rican citizenship, free maritime control, nor congressional representation as it did in the Spanish Cortes. Trías Monge argues that just prior to the U.S. invasion, Puerto Rico enjoyed greater freedom and rights in certain areas:
Yet those who claim Puerto Rico is not a colony will say that in its 8th session, the United Nations General Assembly recognized Puerto Rico's self-government on November 27, 1953, with Resolution 748. 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). They add that the Resolution has not been revoked even though Puerto Rico's political status is still debated in many international forums.
Political status of Puerto Rico
23041#31
The United States and Puerto Rico began a long-standing metropolis-colony relationship. In the early 20th century, Puerto Rico was ruled by the military, with officials including the governor appointed by the President of the United States. The Foraker Act of 1900 gave Puerto Rico a certain amount of civilian popular government, including a popularly elected House of Representatives. The upper house and governor were appointed by the United States.
Puerto Rico
526397#9
The official Spanish name of the Commonwealth of Puerto Rico is "Estado Libre Asociado de Puerto Rico", literally, "Associated Free State of Puerto Rico", expressing a "politically organized community” or “State,” which is simultaneously connected by a compact to a larger political system and hence does not have an independent and separate status. However, according to the United States Supreme Court, Puerto Rico is not free or associated; it is only a state in the general sense, not as a state of the Union in the U.S. constitutional sense. According to consistent U.S. Supreme Court jurisprudence, Puerto Rico belongs to but is not an integral part (Organized incorporated territory) of the United States. Moreover, the said jurisprudence has determined that regardless of what nominal or cosmetic veneer has moted Puerto Rico's political status, it is essentially a U.S. colonial territory, since it is under the plenary powers of the U.S. Congress. At its most basic, this Supreme Court doctrine expresses that Puerto Rico is more like property, far from a free-governing community or nation, and thus "domestic in a foreign sense" (not for the taking or meddling by free foreign nations), but "foreign in a domestic sense" (not a partner or an equal). In the Insular Cases, the Court ruled that the United States Constitution does not automatically apply in Puerto Rico.
Free state (government)
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Despite the Spanish translation of the term "commonwealth", Puerto Rico's relationship with United States is not a Compact of Free Association (which is the case for the Federated States of Micronesia, Palau, and the Marshall Islands). As sovereign states, these islands have full right to conduct their own foreign relations, while the Commonwealth of Puerto Rico is part of the United States as a territory. The Popular Democratic Party of Puerto Rico says that in 1952 there was a pact between Puerto Rico and the United States that gave Puerto Rico an autonomous government and removed it from the list of colonies.
Commonwealth (U.S. insular area)
37708052#4
Due to Puerto Rico's historical status debate, proposals consistent with the modern free association movement can be traced to the times when Puerto Rico was a colony of the Spanish Empire. In March 1887, Román Baldorioty de Castro presented a proposal based on the British North America Act of 1867, the accord that ended the United Kingdom's colonial rule over Canada and allowed it to become a sovereign Dominion, during the inaugural convention of the Autonomist Party. However, there this effort was thwarted by the conservative members of the party, who supported a project that would turn the remaining Spanish colonies into autonomous provinces. Ever the diplomat, Baldorioty supported the posture of the mayority, ending the first attempt to create a form of sovereign association for Puerto Rico. This was followed by the Spanish–American War, which concluded with Spain surrendering the sovereignty of its colonies to the United States. The first proposal of an "Associated Free State of Porto Rico" under this regime emerged in 1922 from Union of Puerto Rico, then led by Antonio R. Barceló. Its creator was a lawyer named Miguel Guerra Mondragón, who based his proposal in the recognition of the sovereignty of separate constituent countries seen during the creation of the current model of the United Kingdom.
Sovereigntism (Puerto Rico)