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The government of Puerto Rico is based on the Republican system composed of 3 branches: the Executive branch headed by the Governor, the Legislative branch consisting of a bicameral Legislative Assembly (a Senate and a House of Representatives) and the Judicial branch. The legal system is based on a mix of the civil law and the common law systems. The governor as well as legislators are elected by popular vote every four years. Members of the Judicial branch are appointed by the governor and approved by the senate. Puerto Rico is divided into 78 municipalities, each of which elect a mayor and a municipal legislature. In 1950, the U.S. Congress afforded Puerto Ricans the right to organize a constitutional convention, contingent on the results of a referendum, where the electorate would determine if they wished to organize their own government pursuant to a constitution of their own choosing. Puerto Ricans expressed their support for this measure in a 1951 referendum, which gave voters a yes-or-no choice for the commonwealth status, defined as a ‘permanent association with a federal union’. A second referendum was held to approve the constitution, which was adopted in 1952. Prior to approving the new constitution, the Constitutional Convention specified the name by which the body politic would be known. The convention on February 4 of 1952 approved resolution 22 which chose in English the word “Commonwealth”, meaning a “politically organized community” or “State”, which is simultaneously connected by a compact or treaty to another political system. Unable to translate the word into Spanish, the convention adopted a translation inspired by the Irish Free State called “Estado Libre Asociado” (ELA) to represent the compact between the people of Puerto Rico and the United States, which is literally translated into English as “Associated Free State”. Under the 1952 constitution, Puerto Rico is a Commonwealth (use some benefits of the U.S.) and is permitted a degree of autonomy similar to that of a state of the Union, such an arrangement is known as federacy. Puerto Rico does not have voting representation in the U.S. Congress; neither does it have any electors in the U.S. Electoral College, and therefore Puerto Rican citizens do not participate in the U.S. Presidential elections, although political parties can, and do, have state-like voting delegations to the nominating conventions of both major national parties. A non-voting Resident Commissioner is elected by the residents of Puerto Rico to the U.S. Congress acting as a delegate of the people of Puerto Rico. Residents of the island do not pay federal income tax, but all commerce is controlled and highly taxed by the U.S. before importation or exportation. Puerto Ricans also pay federal payroll taxes to the U.S., which have a particularly heavy impact on Puerto Rico's relatively low-income workers. Island residents pay social security taxes and federal taxes other than income but they have limited or no access to several key federal programs. Puerto Rico is excluded from Supplemental Security Income (SSI). For Medicaid, Puerto Rico receives less than 15% of the funding it would be allotted as a state. For Medicare, Puerto Rico pays fully but only receives partial benefits. As statutory U.S. citizens, Puerto Ricans are subject to military service and most federal laws. For the past fifty years, a single issue has dominated Puerto Rican politics: its political status vis-à-vis the United States. A Commonwealth associated to the U.S. since 1952, Puerto Rico today is torn by profound ideological rifts, as represented by its political parties, which stand for the current relationship or the two distinct future political scenarios: the status quo, statehood, and independence. The Popular Democratic Party (PPD) seeks to maintain or improve the current status, the New Progressive Party (PNP) seeks to fully incorporate Puerto Rico as a U.S. state, and the Puerto Rican Independence Party (PIP) seeks national independence. In 1967, the Legislative Assembly tested political interests of the Puerto Rican people by passing a plebiscite Act that allowed a vote on the status of Puerto Rico. This constituted the first plebiscite by the Legislature for a choice on three status options. Puerto Rican leaders had lobbied for such an opportunity repeatedly, in 1898, 1912, 1914, 1919, 1923, 1929, 1932, 1939, 1943, 1944, 1948, 1956, and 1960. Following the plebiscite, efforts in the 1970s to enact legislation to address the status issue died in Congressional committees. In both the 1993 plesbicite, in which Congress played a more substantial role, and the 1998 plesbicite the status quo, Commonwealth status, was upheld. |
Puerto Rico Information: Inside Puerto Rico's political status and international law Although Puerto Rico is, politically speaking, an unincorporated territory of the United States classified as a Commonwealth, Puerto Ricans and people from other nations refer to Puerto Rico as a país, the Spanish word for country. This is a very common and accepted international status given to all dependent territories, also called dependent "states" by the United Nations although on many occasions it has been thought of as a possibility that Puerto Rico would become the 51st state of the United States of America. The United Nations has intervened in the past to evaluate the legitimacy of Puerto Rico's political status, to ensure that the island's government structure complies with the standards of self-government that constitute the basic tenets of the United Nations Charter, its covenants, and its principles of international law. On November 27, 1953, shortly after establishment of the Commonwealth, the General Assembly of the UN approved Resolution 748, removing Puerto Rico’s classification as a non-self-governing territory under article 73(e) of the Charter of the United Nations. The resolution garnered a favorable vote of fewer than 40% of the General Assembly, with over 60% abstaining or voting against it (20 to 16, with 18 abstentions). This resolution has not been revoked by the UN even though the political status is still debated in many international forums. For a territory to be deemed self-governing, the United Nations require: (a) Legislative representation. Representation without discrimination in the central legislative organs, on the same basis as other inhabitants and regions [within the governing nation]. (b) Participation of the population. Effective participation of population in the government of the territory (1) Is there an adequate and appropriate electoral and representation system? (2) Is this electoral system conducted without direct or indirect interference from a foreign government? (c) Citizenship. Citizenship without discrimination on the same basis as other inhabitants (d) Government officials. Eligibility of officials from the territory for all public offices of the central authority, by appointment or election, on the same basis as those from other parts of the country". The General Assembly did not apply its list of criteria to Puerto Rico for determining whether or not self-governing status had been achieved. In fact, in a 1996 report on a Puerto Rico status political bill, the U.S. House Committee on Resources stated that Puerto Rico’s current status “does not meet the criteria for any of the options for full self government.” The House Committee concluded that Puerto Rico is still an unincorporated territory of the United States under the territorial clause, that the establishment of local self-government with the consent of the people can be unilaterally revoked by U.S. Congress, and that U.S. Congress can also withdraw at any time the American citizenship now enjoyed by the residents of Puerto Rico as long as it achieves a legitimate Federal purpose, in a manner reasonably related to that purpose. According to a report by the President’s Task Force on Puerto Rico’s Status, released in December 2005, it is not possible “to bind future Congresses to any particular arrangement for Puerto Rico as a Commonwealth”. This determination was based on articles in the U.S. Constitution regarding territories. The governor of Puerto Rico promised to challenge the task force report. On January 4, 2006, Governor Anibal Acevedo Vilá announced the steps that he and the governing Popular Democratic Party will take in the following months. The historic resolution denounces the task force as a political fraud that represents a threat to democracy and is in violation of the basic agreements held between the people of Puerto Rico and the United States since 1952. It also stated a compromise to challenge the task force report and validate the current status in all international forums including the United Nations. Also rejects any colonial or territorial status as a status option and vows to keep working for the enhanced commonwealth status that was approved by the PPD in 1998 which included: (a) Sovereignty (b) An association based on respect and dignity between both nations (c) Common citizenship As part of the PDP's strategy, a bill supporting its position was introduced in the United States Senate by two senators who have traditionally been identified with Puerto Rico, Sens. Edward M. Kennedy (D-MA) and Bob Menendez (D-NJ) and two senators whose interest in all matters Puerto Rican was up to then unknown, Sens. Richard Burr (R-NC) and Trent Lott (R-MS). Since its introduction, the bill has not attracted any other co-sponsors, in spite of heavy lobbying on the part of Puerto Rico's Executive Branch lobbyists. A bipartisan Senate bill supporting the implementation of the White House report recommendations is expected to be filed shortly by Sens. Mel Martinez (R-FL) and Ken Salazar (D-CO). On the other hand, Resident Commissioner Luis Fortuño (R-PR) and Rep. Jose E. Serrano (D-NY) filed a bipartisan House bill to implement the recommendations, which has been cosponsored by over 60 Republicans and over 40 Democrats, significantly more cosponsors than the Young Bill which cleared the House in 1998. The House Committee on Resources called a hearing on the subject on April 27, 2006, signaling a greater degree of interest than previously anticipated |