What a Minute Party does with an Oversized Voice
The President of the Puerto Rican Independence Party (PIP), Rubén Berríos, has proposed a “new” way forward on the status. In consultation with the presidents of the two major status parties in Puerto Rico—Gov. Luis Fortuño of the pro-statehood New Progressive Party (PNP) and Rep. Hector Ferrer of the pro-“Commonwealth” Popular Democratic Party—Berríos seeks to set up a new, three-step mechanism.
The first step, would force the federal government’s hand with a yes-or-no vote in which the Americans of Puerto Rico would ask for a status that is “plainly democratic, not colonial and not territorial.” Then, on the second step, which would occur on the same day of the first vote, the Puerto Rican electorate would vote on the process for solving the status, either a plebiscite (direct vote) or a constitutional assembly (delegated vote). Finally, in the third step, if the plebiscite form wins, the people of Puerto Rico would exercise its right to a direct vote on status, but if the constitutional assembly were to garner the most votes, then the Puerto Rico legislature would be required to vote by a three-fourths supermajority and “in consultation with the diverse promoters of said procedure” (Guess who? The PIP and the PPD) to authorize said constitutional convention. Further, if the legislature does not meet the three-fourths threshold, then it would be up to the next legislature (in 2013) to authorize the constitutional assembly—but only with a simple majority needed.
Recap: 1) pressure the feds with near Puerto Rican unanimity on the status; 2) let the Puerto Rican electorate decide between a direct vote plebiscite and a delegated constitutional assembly; and 3) force the current Puerto Rico legislature to convoke a constitutional assembly through a super majority vote, or the next legislative assembly with a simple majority vote.
The plan is simple and straightforward, and (primarily) unnecessary!
The independence movement in Puerto Rico seems at odds with reality. It commands the support of less than 3 percent of the population and yet it purports to be a power broker. The PIP wants a veto power despite its minute stature in Puerto Rican politics. Because it is such a minor party, with no hope for victory, it must stay “relevant” in some way. Let us remember their strategy is founded on inaction, and while the movement’s aggressive tactics have changed, their powerful rhetoric on behalf of self-determination is now a fading caricature of what it once was. It is the way of Puerto Rican independence. If they cannot win on a straightforward statehood-versus-independence direct-vote plebiscite, then they will continue to develop a way to change the plan.
The first step of the PIP-plan seeks to magnify the current level of consensus in the American island on the current territorial status and its unacceptability. Through a yes-or-no vote, as expected, the American citizens of Puerto Rico would attest to their displeasure with the current unequal status; simultaneously, the electorate would cast its votes in favor of a direct plebiscite or a delegated constitutional convention as the mechanism for solving the status.
The fact that the people of Puerto Rico are being asked to “choose” between doing something themselves and electing somebody else to do it for them should be questioned endlessly, particularly as it relates to the status. A direct vote is the most democratic tool available to the people. The PIP and Ruben Berríos know this; after all, their entire plan rests on the direct vote of the citizens in the territory. Nevertheless, this plan is an optical illusion because while it engages citizens in the direct election of ideas, those ideas steer the citizens’ votes to the establishment of mechanisms diametrically opposed to the democratic principle of direct vote, mainly the “constitutional convention” idea.
The main problem with the idea of a constitutional convention is the notion rests on a flawed premise: the future of the status problem is complex and the people need experts to deal with it. The idea also assumes the convention delegates would be there to “create” a solution, when in fact the solutions are on the U.S. Constitution and are immutable by a Puerto Rican Constitutional Convention. The (simple) solutions constitutionally mandated are statehood or independence, if neither, then perpetual territorial/colonial “Commonwealth” status with no “enhancements” under the U.S. Constitution’s Territorial Clause.
The third and last step of the PIP-sponsored plan is a gratuitous slap in the PNP face. In 2008, the pro-statehood PNP took control of the legislature with supermajorities in the House and Senate chambers. Therefore, in essence, the third step is a trigger meant to override the PNP-led legislature and completely marginalize La Fortaleza. The PNP should never consent to taking away from the people the direct vote of the plebiscite and replace it with a ridiculous constitutional circus. Note, reader, that this part of the plan rests on the hope that the PNP will lose many seats in the 2012 elections because without a massive electoral change there cannot be a simple majority vote in 2013 to establish a constitutional convention, which the electorate presumably would have supported though a direct vote.
If the PIP wants to use its oversized voice to continue territorialism and colonialism by default in Puerto Rico then let it, but if it wants to move Puerto Rico beyond second-class citizenship then it must begin to promote the true answer to the status issue: a direct vote by the people on a statehood-versus-independence plebiscite. No more, no less.
Caribbean, Commonwealth, Compact of Free Association, Enhanced Commonwealth, Federated States of Micronesia, PIP, PNP, Political status, PPD, PPD Autonomy vs. PPD Sovereignty, PPD colonialism, PPD sovereignty, Puerto Rico, Puerto Rico colony, Puerto Rico Independence, Puerto Rico Self-Determination, Referendum, territorial clause, territory and states rights, The Commonwealth Lie, The ELA Lie, U.S. Congress, U.S. state, United States
Three-Way Fight: Statehood vs. Independence vs. … Independence?
In Citizenship Equality, Commentary and Analysis, Enemies of Equality, Puerto Rico, Puerto Rico Independence, Puerto Rico Statehood, Self-Determination, Soberanistas vs. Autonomistas, The Big Lie: The PPD's "Commonwealth" on August 26, 2012 at 4:00 PMHow Puerto Rico’s Plebiscite Unfairly Opens the Back Door to an Unwanted Status
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The latest status plebiscite in Puerto Rico will be held on Election Day (November 6, 2012). On that day, the people of the American territory will be asked to vote “yes,” or “no” on whether to keep the current territorial “Commonwealth” status. A “yes” vote would perpetuate the current unequal, colonial status; a “no” vote would reject, but would not end, the colonial “Commonwealth” status per se. To do that, the voters will have to answer a second question on the same ballot: which sovereign option do you want?—statehood, independence, or … independence!
Yes, the “independence” option appears twice. Why?
First, let us ask a different question: what is the purpose of all these plebiscites we all hear about?
The answer: to terminate a territorial status that very few in Puerto Rico believe in, and to achieve sovereignty for the people of the island. “Sovereignty,” as such, is the power of a people to make decisions about its own political future without the interference of outsiders. Sounds like “independence,” huh? Well, the American system operates under a sovereignty model we call federalism. In federalism, the people of a sovereign “state” (in this case an American state and not an independent nation-state) agrees to delegate a degree of its own sovereign powers to the federal government so that through the collective delegation of 50 sovereigns ALL members of the union can maximize their own fortunes in an equal union of different peoples—politically and economically. The states and their respective peoples retain all sovereign powers NOT delegated to the federal government, and the other states in the union are not seen as “outsiders” by each other but as partners—family!
Sovereignty for Puerto Rico, then, comes in two flavors under American and international law: full annexation through American statehood, or full disintegration through international independence.
What are other forms of sovereignty? There are no others.
There is what in international law is known as “free association,” which is created between two independent nations and which can be broken at the desire of either nation and at any time and for whatever reason. The actual treaty that creates the free association status is typically known as a Compact of Free Association. The U.S. is currently a signatory to three such agreements with the independent nations of Palau, The Federated States of Micronesia, and The Marshall Islands.
These free association treaties can last forever, but are not perpetual in-and-of-themselves. They only can last forever if the two nations that signed the Compact of Free Association remain satisfied with the association.
In Puerto Rico’s November plebiscite there is a third option written into the law as “ELA Soberano.” “ELA” is an acronym that stands for Estado Libre Asociado (Free Associated State) and it is the official, Spanish name of the island’s government, so combined with the word “Soberano,” it means “Sovereign Free Associated Nation-State.” “ELA” in Puerto Rico means what “Commonwealth” means to the rest of the world as it relates to American federal territorial law and not as it relates to actual states of the union that use the old term. The “Commonwealth” of Puerto Rico is not the same (legally) as the Commonwealth of Pennsylvania, or Virginia, or Massachusetts, or Kentucky.
So there is the second “independence” option. Puerto Rico cannot enter into a Compact of Free Association with the United States of America unless it declares independence, and nothing could stop Puerto Rico from entering into a free association treaty with a different country, i.e. Venezuela, China, or Russia if it so desired. Some say that Puerto Rico can indeed enter into free association without declaring independence from the U.S., but that belies the fact that the very essence of free association is that it can only happen between two sovereign, independent nations. A U.S. territory cannot sign a Compact of Free Association with the U.S. because all sovereign powers reside on one side: Congress. So, the third option in Puerto Rico’s plebiscite makes the island a republic separate from the U.S. and out of the control of Congress. Why is this important?
The Americans of Puerto Rico do not want independence and they have shown as much in every plebiscite and poll in the past 114 years. To independence supporters this is just the result of mass brainwashing. To the vast majority of Puerto Ricans who love their American citizenship and their Puerto Rican identity this is just the result of democratic sanity and political shrewdness.
The danger is that this third “option” will confuse the voters. In their minds, “ELA Soberano” must be something different, or else why would it be there?
The pro-territorial “Commonwealth” Popular Democratic Party (PPD) in the island has been offering voters something “different” for the past 60-plus years. The PPD contends that neither statehood, nor independence is good enough. The party has promised something better. The leadership of the PPD wants the benefits of both statehood and independence; all the rights and benefits of American statehood and all the perquisites of international recognition—including the ability to veto federal laws that the governor of Puerto Rico sees as “inoperable” in the island and the ability to join international bodies as a nation. The federal government has rejected the proposal as incompatible with the U.S. Constitution. In other words, if Puerto Rico wants to end the current territorial status it has two—and only two—options: statehood or independence.
Once Puerto Rico becomes an independent nation—if the people of the island so choose—then the new, separate nation of Puerto Rico can work with the American government to bilaterally enact a Compact of Free Association.
The pro-statehood New Progressive Party (NPP) currently controls the governorship and both chambers of the legislature by supermajorities. So why would a statehood supermajority write a law that distorts the statehood-versus-independence reality that is needed to end the territorial status? The NPP is calling the PPD’s 60-plus-year bluff.
Today, the PPD is internally split between two wings: the so-called Autonomistas and the Soberanistas. The Autonomistas want more … well … autonomy. They are the establishment wing, the conservative wing, and they wish to remain a territory of the U.S. under the Constitution’s Territorial Clause, but they want Congress to devolve many of its powers to the people of Puerto Rico. Congress has made it clear that Puerto Rico has all the autonomy that the federal government is willing to grant—no more!
The Soberanistas are the liberal wing of the PPD and they want sovereignty—just not under statehood. They want sovereignty and the only other options for sovereignty is independence, but they will not say that because the word “independence” is political suicide in Puerto Rico. They have come up with a more elegant way of asking for independence that does not actually use the word independence: free association or “ELA Soberano.” Very clever indeed. Independence through the back door.
Unless the statehood party supplements its desire for U.S. annexation with a robust education effort, the results of the latest plebiscite will at best be another indecisive failure in the part of a confused electorate, or at worse the ostensible rejection of statehood by two independence pluralities that would add up to an independence majority.
The same way Congress will not accept a statehood petition with less than a strong majority (55 percent plus), it will not accept an independence petition with any less. However, independence and independence in free association supporters can already be heard claiming a majority for a petition for independence if between the former and the latter there is a combined 50.1 percent vote. That would be unfair to statehood supporters.
In that case, perhaps the statehood party in charge should amend the law if not to delete the superfluous “ELA Soberano,” at minimum to balance the ballot with a fourth option: “ELA Statehood.” Make it a Statehood vs. Independence vs. Independence vs. Statehood! Why not?
Seventy-something days away from the general election and the referendum on status, and without a robust educative effort in the part of the pro-statehood NPP things could get messy. On the day after the election, the results will be fodder for all political parties willing to spin confused chaos into logical voter support, but those same results will not provide a solution to the century-old problem of democratic inequality, lack of political sovereignty and human dignity in Puerto Rico.
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