Position Paper on Charter Change by: Bayan
bayan...@gmail.com
PROPOSED CONSTITUTIONAL AMENDMENTS
January 23, 2006
The Bagong Alyansang Makabayan (Bayan) is strongly opposed to the
latest moves by the Arroyo administration to change the constitution.
This self-serving initiative of the administration has urgent and
far-reaching implications on the country's politics, economy,
sovereignty, patrimony as well as the people's civil liberties.
Charter change has been touted as the solution to the current economic
and political crisis. It is regarded by the administration as a
requirement for a country "poised for take-off".
But beneath the promises and illusions generated by charter change are
the sinister and self-serving moves to perpetuate an illegitimate
regime in power, open the country's economy and patrimony to
unbridled foreign exploitation and plunder, further degrade our
nation's sovereignty and threaten the already limited and fragile
constitutional provisions on human rights and civil liberties.
Among the contentious and objectionable recommendations of charter
change are the:
a. postponement of the 2007 elections and the lifting of term limits
for elected officials, while allowing Arroyo to serve as transition
head till 2010
b. allowing 100% foreign-owned corporations to own land and exploit our
natural resources, public utilities, education institutions and even
the mass media
c. removing or amending provisions on civil liberties
d. removing provisions that limit the martial law powers of the
president
e. removing or amending provisions on nuclear weapons and foreign
troops
Charter change is a surefire formula for national regression because it
will reverse whatever limited and positive provisions left in what is
otherwise an imperfect constitution. It will bring the country from bad
to worse. It will blast the country back to an era of direct colonial
rule and martial law, of US bases and lifetime dictators.
Mrs. Arroyo has a given a six-month deadline for charter change. A
plebiscite is targeted for June 2006. The administration is going
full-blast with its plan. Charter change is therefore a challenge that
we must urgently take up.
Bayan calls on all freedom-loving and patriotic Filipinos to unite and
stand against this latest monstrosity from the Arroyo administration.
Let us not fall for the illusions peddled by charter change. Let us
join hands and link arms in resistance.
1. Charter Change is a self-serving move aimed at perpetuating Mrs.
Arroyo in power despite widespread calls for her resignation/ouster and
despite unresolved questions as to her legitimacy.
In its final report, the Consultative Commission on Charter Change
headed by former UP President Jose Abueva recommended that no elections
be held in 2007. The Con-Com instead recommended that Arroyo remain the
transition head of government with powers to appoint new members of
parliament. Arroyo has endorsed the Con-Com proposal to Congress.
Arroyo's allies in Lakas have said that they will let the people
decide on the "no-elections" proposal.
At the end of the day, even if the country shifts from a presidential
to a parliamentary form of government, Arroyo retains control of
government and enjoys the majority support of her allies. She will
continue to exercise her powers as president and commander-in-chief of
the AFP, even if there is a Prime Minister who heads the parliament. In
the House of Representatives proposal for cha-cha, Arroyo is also given
the power to dissolve parliament.
The "no-el" provision is a bribe both for administration and
opposition lawmakers and elected officials who are being urged to rush
the approval of charter change. The "no-el" provides all elected
officials down to the barangay level a free three-year term.
Charter change will not resolve the issue of Arroyo's legitimacy. On
the contrary, the move will only reinforce an illegitimate regime
serving until 2010. Charter change will also obstruct any impeachment
case that may be filed by the Opposition in July this year.
Despite calls from former President Ramos for Arroyo to step down by
2007, Arroyo and her allies are intent on consolidating their hold on
power up to 2010, and perhaps even beyond. There is no explicit
provision that prohibits Arroyo for running as Prime Minister beyond
2010.
2. The shift to a parliamentary form of government will not resolve the
political crisis as the administration claims.
What the shift will do is limit the election of the highest positions
of government to the members of parliament. Instead of the public
electing the president or prime minister, we will have a president or
prime minister elected by the members of parliament. The president or
prime minister can be replaced by a simple vote of no confidence. No
more need for people power or coup attempts, say the defenders of
charter change. The future of the country will now be in the hands of
the politicians.
Charter change also proposes that the Philippines adopt in the future a
federal form of government wherein "autonomous territories" or
regions are self-governed.
Despite all the promises of reforms, the proposed Parliament will still
be dominated by big business, the landed elite, corrupt bureaucrats and
the political clans, all of whose interests sharply contradict those of
the people. Shifting to a parliamentary form does not address the issue
of who really wields political power in this country. A study by the
PCIJ shows that in 2004, 2/3 of the members of Congress come from
political families or clans. The study goes on to show that Congress
remains a "fortress of privilege" with the average net worth of a
congressman being P21.9 million and a senator P59.3 million. A quarter
of all senators have a net worth of P100 million. Shifting to a
parliamentary form of government will not prevent the same
multi-millionaires from entering the corridors of power nor will it
check the already endemic problem of corruption because those in power
continue to amass wealth and privilege.
Even the constitutional provision for party-list organizations which is
intended to give very limited representation for marginalized sectors
is being threatened under the proposed revisions. Party-list
representation can be subject to new laws and restrictions. Worse,
traditional political parties may be allowed to run under the partylist
system, thereby destroying the intent of the partylist system to
represent marginalized sectors.
The proposal to shift to a federal structure of government, given the
current balance of power, will only empower the big landowners, local
political dynasties and local warlords. A new layer of government will
be created but the old problems or corruption, electoral fraud,
patronage politics and violence will persist.
3. Charter Change open the country further to unbridled foreign
exploitation and plunder.
While there may be debates on the form of government, the proponents of
charter change all agree on the provisions for economic liberalization.
In the Abueva Con-Com report as well as in the proposal of the House
Committee on Constitutional Amendments, foreign corporations will be
allowed to own industrial, commercial and residential land. They will
also be allowed to lease public lands for a period specified by
congress.
These privileges were erstwhile reserved only for Filipinos in the view
that our people should have the priority to develop our resources for
the good of the country.
The provisions on liberalization will further aggravate landlessness in
the countryside, land-use conversion on an unprecedented scale, foreign
mining and exploitation of our natural resources, food insecurity and
the destruction of the environment. Filipinos will be deprived of the
right to use the country's resources for their own benefit. Local
industry and agriculture that cannot compete with the big
multinationals will also be destroyed.
Changing the constitution will also harmonize the basic law of the land
with other controversial laws such as the Mining Act of 1995 or the
Electric Power Industry Reform Act (EPIRA) both of which allow foreign
firms to exploit our natural resources.
Citizenship restrictions on franchises will also be removed. This will
allow foreign firms to take over vital public utilities such as power,
water, telecommunications and transportation.
Foreign firms will also be allowed to take control of advertising, mass
media and educational institutions thus strengthening the colonial
orientation of Filipino culture in general. Through mass media and
advertising, Filipino consumers will find imperialist globalization and
its products more acceptable. Foreign entities will also be able to
influence the outcome of internal or domestic affairs because they will
be in a position to shape public opinion on certain issues and events.
Proponents of charter change have hailed economic liberalization as the
means to attract more foreign investments and as an engine for economic
growth. This glosses over the fact that even during the period of
increased foreign investments in the country, economic growth remained
low and unemployment remained high. While foreign investments are said
to create jobs, imperialist globalization and liberalization of the
economy also destroys local industries and agriculture. Foreign direct
investments also mean profits being repatriated 100% to their mother
companies. This is on top of the profits being siphoned out of the
country through speculative investments and debt payments.
4. Charter change will trample on civil liberties, curtail basic
freedoms and provide the government vast powers to impose martial law.
One proposal for charter change suggests that the term "responsible
exercise of the freedom of expression" be used to qualify a
fundamental right enshrined in the Bill of Rights. The term
"responsible" changes everything since this right will now be
subject to strict standards of what government holds as responsible.
Hence, remarks critical of the government may be seen as
"irresponsible" acts and thus would not fall under freedom of
speech and can easily be suppressed.
Another proposal for charter change gives the president or prime
minister extraordinary martial law powers that will be unchecked both
by Parliament and the Supreme Court. Important provisions on martial
law and the suspension of the writ of habeas corpus have been deleted
in the proposed new charter. The president no longer has to report to
Congress or Parliament within 48 hours after the declaration of martial
law. The Supreme Court no longer has the power to review the factual
basis of the declaration of martial rule. The proposed draft also
deleted a constitutional provision limiting martial law and the
suspension of the writ of habeas corpus to 60 days.
Worse, the proponents of charter change have introduced new grounds for
the declaration of martial law: insurrection or the imminent danger
thereof. With such a broad definition, threats of "destabilization"
or even "people power" can be used as a pretext for imposing
martial rule.
Having the power to dissolve parliament and declare martial law without
restraint are very dangerous provisions which can only benefit would-be
dictators.
5. Charter change will remove existing provisions in the constitution
that ban nuclear weapons and foreign troops and bases.
The House proposal for charter change deleted the constitutional ban on
the entry of nuclear weapons and the presence of foreign troops and
bases sans a treaty. The proposal effectively removes legal
obstructions to the return of US military bases. The revision also
harmonizes the constitution with the provisions in the Visiting Forces
Agreement (VFA) and the Mutual Logistics Support Agreement (MLSA). As
they stand, these two agreements already provide the legal framework
for the stationing of troops and positioning of US military equipment
in the country minus any formal treaty ratified by both countries. If
this pushes through, cha-cha would reverse the gains of the 1991 bases
treaty rejection.
In the light of current development regarding the VFA and the Subic
rape incident, removing these important constitutional restrictions
will further expose the country to the danger of having an unlimited
number of foreign troops armed with weapons of mass destruction and who
can stay in the country for an unlimited duration.
Oppose Arroyo's charter change!
For all its avowed advantages and promises, charter change will only
worsen the current economic and political crisis. It is a prescription
for economic disaster at the hands of foreign vested interests. It
would also serve perpetuate an illegitimate regime and give it more
powers to violate people rights.
The charter change issue challenges all of us to unite in a common
struggle to defend our national patrimony and economy and to uphold
basic freedoms against those who wish to violate them.
While the constitution is far from perfect, charter change at this
time, given the dominance of vested political and economic interests,
will only make the constitution worse.
The administration has vowed to use its "superior force" to
bulldoze the approval of charter change. It intends to use the House of
Representatives and Local Government Units to squeeze the Senate into
accepting cha-cha. Despite the objections of the people as reflected in
recent surveys, the administration is intent on forcing charter change
through the efforts of the pro-Arroyo majority in Congress.
The people must respond to the challenge of charter change by
resoundingly rejecting these maneuvers of the Arroyo administration.
Real progress can only be achieved through the genuine representation
of the people, especially the vast majority of workers and peasants.
National development goals must be geared towards serving the interests
of the Filipinos, not the interests of big foreign business. Genuine
land reform and nationalist industrialization are the real requisites
for economic growth. And instead of limiting the already limited rights
of the people, the government must strive to enhance and expand basic
rights and civil liberties. Bayan is committed to advancing these goals
in the continuing struggle for national freedom and democracy.