NY Times Op-Ed, August 6 2015
Free Puerto Rico, America’s Colony
By NELSON A. DENIS

PUERTO RICO has begun to default on its bond payments, for the first 
time since it became part of the United States, 117 years ago. If it 
fails to make interest payments on its $72 billion public debt, pension 
funds across the United States may be unable to meet their payment 
obligations. But if it were allowed to file for Chapter 9 bankruptcy 
protection, as cities and counties have done, every state will want that 
right.

For this reason, the Puerto Rico crisis is a national financial crisis, 
one that neither President Obama nor Congress has taken steps to 
resolve. Even a simple debt restructuring — in the unlikely event 
bondholders agreed to it — would not solve the mess. With a population 
of 3.6 million, every person on the island would need to pay $1,400 a 
year — 9 percent of Puerto Rico’s per-capita income — just to cover this 
year’s $5 billion principal and interest payments on the debt.

The problem is not Puerto Rico, or even the vulture funds that have 
refused to renegotiate the island’s debts: It’s the rigged capitalism 
the United States has forced on its Caribbean colony.

The United States “liberated” Puerto Rico from Spain in 1898. The 
following year, Hurricane San Ciriaco destroyed millions of dollars in 
property and nearly the entire year’s coffee crop. Banks swept in, 
buying land at a steep discount.

Even worse, in 1901, property taxes on every remaining farmer in Puerto 
Rico were raised. Farmers were forced to borrow from American banks at 
usurious rates; many lost their land to foreclosure. By 1930, 34 percent 
of land in use was managed on behalf of absentee owners.

A once-diversified island harvest (coffee, tobacco, sugar and fruit) was 
turned into a one-crop economy, dependent on sugar. By 1930, a 
collection of syndicates controlled all of the island’s sugar farms.

With no money, crops or land, Puerto Ricans left for cities like San 
Juan, Ponce and Mayagüez. The Legislature enacted a minimum-wage law, 
but the United States Supreme Court did not recognize the 
constitutionality of the law until decades later.

In the 1950s, the United States began giving companies tax exemptions to 
produce cheap products like bras and razors on the island. But once the 
corporations found cheaper labor in Asia, the factories disappeared.

The most unfair law of all is the Merchant Marine Act of 1920, also 
known as the Jones Act, which requires that every product that enters or 
leaves Puerto Rico — cars from Japan, engines from Germany, food from 
South America, medicine from Canada — must be carried on a United States 
ship.

A foreign-flagged vessel may directly enter Puerto Rico — but only after 
paying taxes, customs and import fees that often double the price of the 
goods it carries.

This is not a business model. It is a shakedown, a form of legalized 
price-fixing, the maritime version of a protection racket. From 1970 
through 2010, the Jones Act cost Puerto Rico $29 billion.

If the Jones Act did not exist, neither would the island’s debt, and 
tens of thousands of maritime jobs would shift to the island from 
Jacksonville, Fla., where the giant carriers Crowley, Horizon Lines and 
Sea Star Line conduct their offloading and reloading for shipment to 
Puerto Rico.

Puerto Rico has more Walgreens and Walmarts per square mile than any 
other part of the country. It’s a dumping ground for cheap American-made 
exports.

Car prices are typically $6,000 higher in Puerto Rico than in mainland 
United States. Some products, like unprocessed food items, cost twice as 
much as on the mainland. The cost of living is higher in Puerto Rico, 
even though per-capita income is less than half that of Mississippi, the 
poorest state.

When a set of tax exemptions expired in 2006, pharmaceutical companies 
abandoned the island, the final blow to its manufacturing sector. 
Without a real private sector, the government became the island’s 
largest employer.

The island’s Legislature has done what creditors and bond rating 
agencies have demanded: Since 2010, it has laid off workers; raised 
prices for water, gasoline and electricity; increased property, sales 
and small-business taxes; cut public pensions and health benefits; 
raised the retirement age; and closed schools.

No surprise that over the past 10 years, nearly 400,000 Puerto Ricans 
have moved, many to Central Florida. With a shrinking tax base, Puerto 
Ricans are unable to meet this burden. Gov. Alejandro García Padilla 
calls it a “death spiral.”

What can be done? The Jones Act must be repealed, right away. Congress 
will have to overcome opposition from lobbyists for the 
Jacksonville-based carrier companies that control trade to the island.

All import fees levied on foreign-flagged vessels should be paid into 
the Puerto Rican Treasury, not the merchant marine. Any tax abatement 
deals for corporations should require the reinvestment of a stipulated 
percentage of profits into Puerto Rican infrastructure and industrial 
development. Puerto Rico must be permitted to develop its own shipping 
industry and, eventually, negotiate its own international trade agreements.

Independence is the only solution, for Puerto Rico and the United 
States. After 117 years, many Puerto Ricans are victims of Stockholm 
syndrome, fearful of losing the “safety net” of United States benefits. 
But it’s clear that the safety net is a chimera. A gradual transition to 
independence (like that of the Philippines in 1946) would allow both 
island and mainland to adjust to a sovereign and self-sustaining 
Republic of Puerto Rico. It is the only way to end this colonial tragedy.

Nelson A. Denis, a former New York State assemblyman, is the author of 
“War Against All Puerto Ricans: Revolution and Terror in America’s Colony.”
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