228
Nylund
Rico as a stateless nation – an unjust situation of modern-day colonialism,
which must be remedied.24
3
Juan Mari Brás: A Groundbreaking Independence Activist
One of the most well-know independentistas is the late Juan Mari Brás (19272010), a lawyer and activist who is credited with bringing the attention of the
United Nations to the situation of Puerto Rico.25 In 1994, Mari Brás renounced
his citizenship before a consular agent at the US Embassy in Venezuela, in
compliance with US law.26 By renouncing his US citizenship, Mari Brás ‘sought
to redefine (…) the Foraker Act as a source of law that recognized a Puerto
Rican nationality separate from that of the United States.’27 In December 1995,
he received a certificate of loss of nationality from the US State Department.28
Mari Brás’ action inspired other independence activists to renounce their
US citizenship.29 The renunciations raised an important question: Did these
Puerto Rican residents become stateless, or were they legitimately Puerto
Rican citizens on the international stage?30
The ambiguity regarding the independentistas’ legal status played out in
court. The Department of Justice of Puerto Rico initially issued an opinion
stating that Mari Brás was an alien for the purpose of US civil and political
rights, eg voting.31 Mari Brás was later sued to prevent him from voting in
Puerto Rican elections based on the theory that his renunciation of US citizenship made him ineligible to vote.32 Mari Brás argued that a de jure
Puerto Rican citizenship existed because the US citizenship imposed by
the Jones Act of 1917 did not supersede the already existing Puerto Rican
citizenship under the Foraker Act of 1900.33 The case reached the Supreme
24
25
26
27
28
29
30
31
32
33
See Dennis Hevesi, ‘Juan Mari Bras, Voice for Separate Puerto Rico, Dies at 82’ New York
Times (11 September 2010) D8.
Associated Press (n5).
Napoli (n 6) 188.
Charles R. Venator Santiago, ‘Race, Space and the Puerto Rican Citizenship’ (2001) 78
Denv ULR 907, 907.
Huot Calderón (n 11) 321, Napoli (n 6) 188.
Hevesi (n 24).
Attorney General of Puerto Rico, Opiniones del Secretario de Justicia de Puerto Rico, No
2007-8, Consulta Núm. 06-126-B (2007) 4; Napoli (n 6) 189.
Huot Calderón (n 11) 321.
Miriam J. Ramirez de Ferrer v Mari Bras [1997] JTS 134.
Napoli (n 6) 190; Huot Calderón (n 11) 321.
tilburg law review 19 (2014) 223-235