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Disciplining Colonial Subjects: Neoliberal Legalities, Disasters, and the Criminalization of Protest in Puerto Rico

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Criminal Legalities and Minorities in the Global South

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Abstract

This chapter demonstrates how the Puerto Rican government, the Department of Public Safety, and US security agencies have used neoliberal legality and punitive governance to criminalized three important reactions to the economic crisis in the wake of the US imposition of the Puerto Rican Oversight, Management and Economic Stability Act (PROMESA): (1) socio-environmental mobilizations; (2) anti-austerity mobilizations; and (3) anti-corruption mobilizations. To do so, the chapter proposes a twofold analysis. Firstly, it provides a brief overview of the PR’s economic and financial crisis, the proposed neoliberal solutions to the crisis, and the consequences of such solutions. By engaging with the development of neoliberal legality and punitive governance, this chapter shows that the state-violent reactions to socio-political mobilizations are part of a long history of criminalizing and repressive practices that must be understood against the backdrop of US colonial history in PR. That is, a long-lasting effort to discipline colonial subjects.

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Notes

  1. 1.

    Issued under the Executive Order OE-2020-033 of April 12, 2020. This is the four extension, since March 15, 2020, of the shelter-at-place or stay-at-home order issued by the Puerto Rican Governor Wanda Vazquez.

  2. 2.

    See Pulso estudiantil: https://twitter.com/pulsoest/status/1255992256651288576.

  3. 3.

    As of 2 October 2020, the PR Police had issued a total of 3356 fines, while 1003 people have been arrested in connection with alleged curfew violations. See: https://www.metro.pr/pr/noticias/2020/10/02/1003-arrestos-por-violaciones-a-la-orden-ejecutiva-desde-el-inicio-del-toque-de-queda.html.

  4. 4.

    Punitive governance also goes hand in hand with Gilmore’s (2007) binomial description of state power in neoliberal times as organized abandonment and organized violence. Organized abandonment is the direct consequence of the neoliberal policies and austerity measures implemented to address periods of economic crisis. These transformations of the welfare state into a police state and the generalization of organized violence against poor communities is what critical scholars have named neoliberal policing or punishment (Beckett and Herbert 2008; Cypher 2007; Harcourt 2010; LeBrón 2021; Lynch 2011; Wacquant 2009; Whitman 2011).

  5. 5.

    For an analysis of how the processes of financializing the economy have led to a systemic crisis, see the work of Krippner (2011) and Lapavitsas (2013).

  6. 6.

    My utilization of the concept of colonial subject aims to go beyond Grosfoguel’s (2002) discussion of the location of PR within the modern/colonial world-system, and his engagement with coloniality of power and colonial difference. Thus, I am interested in analyzing how organized abandonment and neoliberal legalities have reshaped the ways in which the state and the criminal law deal with Puerto Ricans in the wake of the economic crisis.

  7. 7.

    Created Law 20 of 2017 the Department of Public Safety became the umbrella agency for all the Puerto Rican security agencies.

  8. 8.

    Section 936 of the U.S. Internal Revenue Code of 1976 (26 U.S. Code, 1976).

  9. 9.

    Puerto Rico v. Sánchez Valle addressed a double jeopardy case, in which the Court argued that PR does not have a sovereignty different from that of the federal government when it comes to the power to criminally prosecute an accused.

  10. 10.

    All the executive orders are available in: www.estado.pr.gov/es/ordenes-ejecutivas/.

  11. 11.

    For a detailed analysis of the tactics and strategies implemented by the Students strikes see Pérez (2018).

  12. 12.

    For an analysis of the resistance to PROMESA and to the colonial debt see Zambrana (2021). Additionally, we should consider the opposition to PROMESA led by feminist and grassroot organization such as the Feminist Collective in Construction (Zambrana 2021).

  13. 13.

    See Bonilla and LeBron (2019) and Davila (2017).

  14. 14.

    See Bonilla (2020) and Villanueva and LeBron (2020).

  15. 15.

    Law 27 of 2017 was passed with the intention of criminalizing protests and putting limits on free expression in PR. With this law, protests in educational, health, and construction areas are criminalized, as well as the criminalization of student, worker, and socio-environmental movements.

  16. 16.

    AES has been pointed as one of the corporations involved in the corruption scandal surrounding the Rosselló administration. In addition, this corporation has systematically violated local and federal environmental regulations. After multiple mobilizations and complaints, the PR legislature passed Law 40 of 2017, which gave AES additional power to continue with the toxic dumping of ashes. For more details on the case of AES (Rosa 2019).

  17. 17.

    For more information see: https://casapueblo.org. Similarly, in Atiles (2014) I have shown how Casa Pueblo became a key organization in the struggles against environmental colonialism. Therefore, the criminalization of its leaders comes as a manifestation of the US and PR governments effort to thwart anticolonial mobilizations that challenged US colonialism in the archipelago.

  18. 18.

    As a result of the devastation generated by hurricane María, PR holds the longest blackout in the history. See: https://witness.worldpressphoto.org/the-power-of-sin-luz-life-without-power-a86ab38a5e39.

  19. 19.

    Puerto Rican movements have endured a long history of surveillance known as Carpeteo. For analyses of these processes, see LeBrón (2017) and Paralitici (2011).

  20. 20.

    For more details, see Diaz Torres (2020).

  21. 21.

    Bank Popular is the biggest Puerto Rican bank and it is one of the leading players in the Puerto Rican debt crisis and has been implicated in multiple cases of corruption and state facilitated crimes (Bhatti and Sloan 2017).

  22. 22.

    This led to the emergence of the Campaign to Audit the Debt. See also: https://thehill.com/blogs/congress-blog/politics/336606-opinion-puerto-ricos-debt-must-be-audited-now.

  23. 23.

    See Hedge Clipper (2018).

  24. 24.

    See http://www.auditoriaya.org/english/.

  25. 25.

    The resignation was effective on August 2. See: https://www.nytimes.com/2019/07/24/us/rossello-puerto-rico-governor-resigns.html.

  26. 26.

    See: http://periodismoinvestigativo.com/2019/07/las-889-paginas-de-telegram-entre-rossello-nevares-y-sus-allegados/.

  27. 27.

    For an analysis of how the processes of financializing the economy have led to a systemic crisis, see the work of Krippner (2011) and Lapavitsas (2013).

  28. 28.

    For an exposition of the rise of the public debt, see Merling et al. (2017).

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Atiles, J. (2023). Disciplining Colonial Subjects: Neoliberal Legalities, Disasters, and the Criminalization of Protest in Puerto Rico. In: Radics, G.B., Ciocchini, P. (eds) Criminal Legalities and Minorities in the Global South. Palgrave Socio-Legal Studies. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-17918-1_8

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  • DOI: https://doi.org/10.1007/978-3-031-17918-1_8

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  • Publisher Name: Palgrave Macmillan, Cham

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