Puerto Rico’s Humanitarian Crisis: The Realities of a Modern Colony

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After we returned from Puerto Rico, two fellow student attorneys from the University at Buffalo School of Law’s Puerto Rico Recovery Assistance Legal Clinic found our work coming together. Recently, we authored a scholarly article on Puerto Rico’s political constraints in light of its relations with the United States and the appointment of a fiscal control board under the federal Puerto Rico Oversight, Management, and Stability Act (PROMESA). The paper presents case studies from the perspective of the agricultural and energy fields, and proposes creative alternatives through which Puerto Rico may experience significant economic growth and achieve a sustainable level of resiliency, by empowering local communities and municipalities. Although such community-level economic growth has been achieved in other countries, such efforts in Puerto Rico are frustrated by the islands’ controversial political dichotomy.

Puerto Rico’s official political identity is the Commonwealth of Puerto Rico, albeit in title rather than form. Despite granting Puerto Rico the right to constitute its own republican government, Congress retains control over the islands under the Federal Constitution’s Territorial Clause. Recently, Congress exercised this control and enacted PROMESA, whereupon a fiscal control board was appointed to oversee Puerto Rico’s fiscal plans and assure the local government pays its 74-billion-dollar public debt. For local communities and municipalities, the board threatens local budgets and other instrumentalities, such as land and utilities. This means that efforts to create community-owned resources and revenue streams could be hampered by the board.

As #UBLawReponds student attorneys, we tasked ourselves with identifying ways in which Puerto Rico’s communities can achieve resiliency and rise above the strictures of PROMESA and the fiscal control board. In a similar manner, other schools and entities, both in Puerto Rico and mainland U.S, have joined the efforts to research and propose creative solutions to Puerto Rico’s ongoing crisis. For Puerto Ricans, it is important that discussions about the political and fiscal future of Puerto Rico continue in academic, political, and social fora. The goal is to educate people and create awareness in Puerto Rico and in the U.S. mainland. American citizens, including the millions of Puerto Ricans living in the several states, need to be aware of how they can have a strong voice in Congress through their representatives, and advocate for their fellow Americans living in Puerto Rico. But regardless of the will of Congress, Puerto Ricans need to act now. Given the collective efforts of local community partners, firms, universities, law schools, and hopefully this clinic, Puerto Rican communities could soon take charge of the future of Borinquen.