Are Compacts of Free Association a Form of Imperial Oppression?

Col. Grant Newsham was in Palau last month when he noticed something intriguing. It was an article in the Palau Island Times that he later addressed in a letter to the editor, which inaccurately depicted the Compacts of Free Association as American “imperial” domination serving a “Permanent Oceanic Empire.”

However, what truly captured his interest was that the article cited him.

Drawing on his 2023 testimony before the U.S. House of Representatives Committee on Natural Resources, Indo-Pacific Task Force, during a hearing on “How the Compacts of Free Association Support U.S. Interests and Counter the [People’s Republic of China’s] PRC’s Influence,” Col. Newsham was quoted as stating that the “relationship that the freely associated states have with the United States is unprecedented” and that “[t]hey may be ‘the only three countries on Earth that have relinquished their sovereignty and control of a part of their government to the United States.’”

“This is what I said,” Newsham remarked, emphasizing that “the interpretation was very different than what the reporter suggests.”

U.S. Military Presence in the Freely Associated State of Palau

Newsham firmly states that the U.S. maintains a robust military presence in Palau, but he argues that “removing the US presence – and the US military – from the Pacific region [would create] a vacuum” that China would take advantage of.

“And if, as the article claims,” Newsham continues, “Palau is jeopardizing its sovereignty through defense agreements with the U.S., it finds itself in good company – major powers like Japan, Britain, and several countries have entered into agreements with the United States that permit the stationing of US forces and even the establishment of US bases on their territories. All in return for a guarantee that the United States will protect them.”

He concludes that “through the defense agreements, the Americans are relinquishing some of their own ‘sovereignty’ via the obligation to defend Palau (and Japan and others), including the potential sacrifice of American lives, if necessary.”

What stands out in Newsham’s response is that numerous countries – including the FAS – host U.S. military forces. The U.S. military is situated in Palau, just as it would hold a more significant presence in a freely associated state like Puerto Rico. The might of the U.S. military is fundamental to free association arrangements.

He concludes, “[s]uccessive Palauan leaders and citizens have determined that the [Compact of Free Association] COFA agreements serve their nation’s interests. These are voluntary pacts and can be rescinded at any time. Yes, that entails surrendering some sovereignty – and having the other party relinquish part of its sovereignty in return.”

Lessons for Puerto Rico

Newsham highlights a constructive aspect of the COFA relationships – U.S. national security protection. The three freely associated states (FAS) opted for independent sovereignty instead of becoming territories of the United States, unlike another United Nations Pacific Trust Territory, the Northern Mariana Islands, at that time. During their transition to independence, the FAS arranged with the United States for U.S. military oversight within their borders to ensure their defense.

From 1999 to 2001, Puerto Rico vehemently opposed the U.S. military presence on its grounds. The U.S. Navy’s activities on Vieques led to fierce protests, culminating in the Navy vacating the Island in 2001. The U.S. Navy has never returned.

Meanwhile, with indications that the U.S. is preparing for a heightened military presence in the Freely Associated States, Puerto Rico voters will cast their ballots next week to choose among three status alternatives, one of which is free association.

Those selecting free association will relinquish some sovereignty and accept U.S. military engagement. Are the former Vieques protesters aware of this? Are any voters informed? To make educated voting choices, voters must grasp what they are endorsing.

U.S. Military Presence in Palau – A Model for Puerto Rico?

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