A deep nail in the coffin of this Island-Nation: the assault on PR's Bar Association and other reflections on the banality of Puerto Rican politics

On the evening of October 13 (Black Tuesday) governor Luis Fortuño signed into law a nefarious piece of legislation, which eliminated compulsory membership fees for Puerto Rico's Bar Association. See coverage from El Nuevo Día, Caribbean Business, and El Vocero. It is a punitive measure directed at this institution for expressing solidarity towards laid-off government workers on September 25, 2009 (Black Friday). It is also a long-awaited measure by New Progressive Party lawyers, activists, legislators, and fanatics intolerant of dissent, and who have always considered the PRBA a constant irritant, a thorn on their side.

As jubilant as some members of the governor's cabinet, legislators, supporters, and fanatics might feel, remember this: as functional or deficient a democratic society might be, it cannot be complete without civil society institutions and dissent. The weakening of the Puerto Rican Bar Association achieved just that. The PRBA might still exist, true, but its room for maneuver has been significantly reduced because of this detrimental law. I fear for similar institutions in this island-nation.

Contrary to what the enemies of the PRBA say (which includes our esteemed governor) this institution assisted the Commonwealth's Supreme Court in regulating the law profession. I can only imagine how that monitoring is going to be from now on, since we have so few unethical lawyers on our midst... I wonder also, when the state exceeds its institutional limitations and starts acting arbitrarily against its own citizens, who's going to be watching and denouncing these gross violations of civil rights. For that is what the Government of Luis Fortuño did, not only punish dissident lawyers, but hinder one of the few civil institutions that could keep tabs on government. And I ask, how is that a bad thing? What will Puerto Rican society do once there is no institution left to dissent, offer an alternative view, or denounce/defend those without voice or resources?

Absolute power corrupts absolutely.

The precedent is set: those institutions that the New Progressive Party cannot control they will hinder and try to destroy. The result will be a less democratic society or, as Fareed Zakaria precisely dubbed, illiberal democracy. If this was done in such a hateful, fanatical, and irreflective manner just imagine what they can do to one of the few remaining bastions of free-thought and dissidence: the University of Puerto Rico.

Reflect on this while you're at it.

On the representativeness of the PRBA: Let's assume that the PRBA is as bad as the pro-statehood lawyers say it is, that it doesn't represent their interests. Then that constitutes an argument to reform it, not attempt its destruction. Of course, the argument is a doble-edged sword: if certain politico-ideological interests have historically dominated the PRBA, then responsibility falls on them for making this fine institution so ideologically closed that some members of the legal profession no longer feel compelled to protect it. They have a great opportunity to open up and and listen to the needs of its members, irregardless of their politics. But also an opportunity beckons to turn this setback into opportunity; a moment to test their mettle as an institution and rise as a true and independent champion of Puerto Rican's civil rights; an entity aggrieved individuals and groups will turn to in time of need, a nuisance, a continuing source of irritation, and a reason to dissuade government to stop acting arbitrarily and start working on behalf of the common good. Which is what every society that aspires to be democratic needs. Apparently so, they have sprung into action.

The banal and polarized nature of Puerto Rican politics: It is a disturbing thought that pro-NPP lawyers are so blindly-fanatical that they would just stand by and let the PRBA become a shadow of what it was; in other words, utterly destroyed. Does their anti-democratic vocation really run that deep? Is this the right attitude of a people and a party who want this Island-Nation to become part of the bastion of democracy that is the United States? To the culture of political intolerance they have added, unfortunately, direct action. This stormtrooper behavior (particularly in their administrations, 1968, 1976, 1980, 1992, 1996) is translated into verbal and physical violence, transgression of rights and disruption of the processes of their political opponents, subtle and explicit mockery towards the ideas of others, and a mantle of hypocrisy veiled in subtle concern for the "rights of the people" when reaction to their policies is met with resistance.

The banal and polarized nature of Puerto Rican politics II: You know, we must also reflect on the current opposition. As illiberal as some elements of the NPP are, one has to hand it to the Popular Democratic Party for their ambiguous, and often hypocritical approach at politics. In the ocassions they have been in power: 1972, 1984, 1988, 2000, and 2004 they have done very little, or close to nothing, to reinforce the very institutions that today they claim to defend. You see, behind these lost opportunities hides a fearful conservatism and a subtle anti-democratic vocation covered in a mantle of centrist-liberalism that does not suit them well and comes off as disingenuous. They despise the idea of giving credence to dissidence. Some of them tolerate it, of course, some might even embrace it, as an electoral gesture to get votes, but when push comes to shove - at that critical juncture, where they might make a difference - they bactrack, and they will do it again. It is they who ushered the culture of governmental intolerance towards dissent, the NPP just capitalized on it.

The banal and polarized nature of Puerto Rican politics III: The Puerto Rican "left" and the pro-independence group(s). Being a social-democrat, a man of the center left (please don't associate me with the Puerto Rican Independence Party, they have nothing to offer me - or the people, for that matter), you'd think I have something positive to say about this ideological sector. And you'd be wrong, I don't. From a political sociology standpoint I can understand where they come from and how they came to be in control of the groups and institutions that the NPP is presently trying to destroy. Labor and trade unions, professional associations like the PRBA, and the University of Puerto Rico are a refuge for a persecuted, discarded and marginalized political groups, a secure stand from which they can confront the enemy without fear. This precarious sense of security has led some of them to appropriate these very entities dominating them and the processes through which they operate, excluding some sectors of the ideological spectrum, which are entitled to also benefit from these institutions. That, combined with the sense of occasional frustration when some their suggestions and policy formulations are not even considered makes up for a very entrenched and territorial people. This does not justify their acts or behavior, but such is the consequence of an illiberal society like ours. If the political space in the public sphere is reduced, society is the poorer for it.

The banal and polarized nature of Puerto Rican politics IV: The people. God! I mean, how does one even begin to approach this. The terminology has been streched, manipulated, and used liberally by political movements and organizations all over the world, more so in this unfortunate social climate Puerto Ricans have to endure. Let us assume, for the sake of this argument that 'the people' are the masses of voters and non-voters that, one way of another, have been significantly touched by this unfortunate series of events. They are right to get out on the street and express their grievances or stay at home and express solidarity with those who are protesting. But, is the people a victim of these circumstances? They are indeed. But the wounds and the grievances experienced by the people is self-inflicted. The people vote, and right away they abdicate their power for four years, they forfeit their obligation to complain and participate in the political process. Granted, the banal nature of Puerto Rican politics disgusts them, but that is hardly an argument to recoil in the comfortableness of their individual lives when everything else around them is crumbling to pieces thanks to the elected officials they helped put in power.

So before you get angry think about this: ask yourself, what is my part in all of this? am I responsible? Is my indifference contributing to this climate of hopelessness? Who is to blame? In the search for an answer to this last question don't forget, before you start pointing fingers, to look at yourself in the mirror. I think you'll find some of the answers you seek for.

Descolegian a los abogados - El Nuevo Día