The United States Holds a Responsibility to Take Action

The United States must address Puerto Rico’s status as a U.S. territory

The U.S. acquired Puerto Rico via military conflict. Over 125 years later, Puerto Rican citizens lack voting representation in a government that formulates and executes their national legislation. The foundational values of the United States and our mission to promote democracy globally are at odds with the absence of a democratic governance structure in Puerto Rico at the national level.

The Constitution’s Territory Clause grants Congress the authority to “make all needful Rules and Regulations respecting the Territory” of the United States. The Supreme Court has affirmed that Puerto Rico remains under this jurisdiction and that Congress is required to take action regarding Puerto Rico’s status. Furthermore, the Treaty that facilitated the U.S. acquisition of Puerto Rico during the Spanish American War mandated Congress to define the political status for Puerto Ricans.

Practical obligation

Alongside these indicators, the United States has a practical responsibility to intervene. Puerto Rico has conducted seven referenda on status proposals as per local law. The initial two were inconclusive due to the inclusion of “Enhanced Commonwealth” proposals, which congressional and Executive branch leaders have rejected for constitutional and other practical reasons; the third vote was also discredited because of confusion surrounding an “Enhanced Commonwealth” initiative. The only instance where Puerto Rico’s current status appeared on the ballot resulted in under .1% of the vote.

The four referenda regarding non-territorial status options in the 21st century have consistently shown support for statehood. There is now clear evidence of Puerto Rico’s denial of its existing colonial status. The U.S. presently administers Puerto Rico without the governed’s consent. This situation fundamentally contradicts the principles of our nation.

It’s also crucial to recognize that Puerto Rico’s territorial status has resulted in discriminatory treatment in federal programs—significantly contributing to the islands’ economic stagnation and prompting its U.S. citizens to relocate to the states. Each month, thousands of Puerto Ricans migrate to the U.S. mainland. There are now more individuals of Puerto Rican heritage in the States (5.8 million) than in Puerto Rico (3.2 million).

Principled obligation

The disenfranchisement of the Puerto Rican population contradicts numerous international treaties and declarations endorsed by the United States. This condition diminishes our global credibility as advocates of democracy. These treaties and declarations encompass:

  • Organization of American States Inter-American Democratic Charter, 2001
  • International Covenant on Civil and Political Rights, 1976
  • United Nations Resolution 1514, 1960
  • United Nations Universal Declaration of Human Rights, 1948

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