Cha-Cha%20and%20Arroyo

1
Cha-Cha and Arroyos maneuvers amidst the crisis
Sayaw sa Bubog

• Presentation of the Bagong Alyansang Makabayan

2
Why charter change now?

• Current moves for cha-cha should be understood
  within the context of the current political
  crisis besieging Mrs. Arroyo as well as pressures
  brought about by the crisis of the world
  capitalist system
• Previous presidents before GMA also tried cha-cha
  but failed
• RAMOS had his Cha-cha and PIRMA, ERAP (Concord)

3
Why charter change now?

• July 8, amidst calls for GMAs resignation, Ramos
  and JDV came to the rescue of GMAbut sought
  charter change as a concession. In the Ramos
  plan, GMA would serve as transition president for
  one year

4
Why charter change now?

• July 25, GMAs SONA speech - start the great
  debate on cha-cha
• GMA allies in HOR file House Resolution creating
  constituent assembly for cha-cha.
• Cha-cha touted as solution to economic and
  political crisis

5
Why charter change now?

• Aug.19, GMA issues EO 453 creating 54-member
  Consultative Commission on charter change
• Public Consultations begin
• Nov.29, HOR passes resolution transforming
  Congress into Constituent Assembly

6
Why charter change now?

• Dec.15, Abueva Commission releases its
  recommendations for cha-cha
• GMA endorses commission report to Congress
• JDV says Congress will pass the measure by
  February 2006
• Controversial provisions spark criticism from
  foes and allies of GMA
• Ramos opposes No-El provision, calls it
  monumental blunder, insists GMA must be
  transition president only

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Highlights of the Commissions Recommendations

• Form of Government
• Structure of the Republic
• National Patrimony
• Transitory Provisions

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Form of Government

• The legislative and executive powers shall be
  vested in a unicameral Parliament.
• Members of Parliament will come from elected
  officials from parliamentary districts and those
  from proportional representation of political
  parties
• Members chosen by political parties shall
  constitute 30 of parliament
• Five-year term for MPs
• MPs should be college graduate

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Form of Government

• Parliament will elect Prime Minister and
  President from among its members
• President will be head of state
• Prime minister will be vested with Executive
  Power
• PM will appoint Deputy PM, Cabinet Ministers (3/4
  to come from Parliament)

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Powers of the Prime Minister

• The Prime Minister and the Cabinet shall be
  responsible to the Parliament for the program of
  government and shall determine the guidelines of
  national policy.
• PM will submit national budget to Parliament
• The Prime Minister shall have control of all
  ministries, bureaus, and offices.
• He shall have supervision and administration over
  autonomous territories, local governments, and
  all of the Armed Forces of the Philippines.

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Powers of the Prime Minister

• The Prime Minister shall nominate and, with the
  consent of the Commission on Appointments,
  appoint the following
• Chief Justice and Members of the Supreme Court
  and lower collegiate courts, the Ombudsman and
  his deputies
• Chairmen and Members of the Constitutional
  Commissions
• Chairmen and Members of the independent
  constitutional bodies
• Ambassadors, chiefs of mission and
  consuls-general,
• Chief of Staff, the Vice Chief of Staff, Deputy
  Chief of Staff and the commanders of the major
  services of the Armed Forces of the Philippines
  and the officers of the Philippine National
  Police of equivalent rank and grade, and
• All other officers of the Government whose
  appointments may be subject for confirmation as
  provided in this constitution or by law.

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Powers of the Prime Minister

• The Prime Minister shall have the power to make
  appointments during the recess of the Parliament,
  whether voluntary or compulsory, but such
  appointments shall be effective only until
  disapproval by the Commission on Appointments or
  until the next adjournment of the Parliament.
• The Prime Minister may contract or guarantee
  foreign loans on behalf of the Republic of the
  Philippines

13
Will there be a President?

• President will be Head of State
• Shall be elected from among MPs and have a
  five-year term
• Upon election, President will cease to be member
  of Parliament and of any political party
• Immune from suit, like the PM
• Not much else..

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No more people power?

• The Parliament may withdraw its confidence from
  the Prime Minister only by electing a successor
  by a majority vote of all its Members.
• Theoretically, you can change the PM everyday, or
  as often as necessary

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Controversial Transitory Provisions

• No elections in 2007
• Too costly, they say. Huge amount of money and
  resources to be expended for the holding of the
  elections in 2007 can instead be utilized to
  alleviate more pressing needs of our countrymen
  food, health, education
• Transition period will give Philippine economy a
  chance to take off

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What happens to Congress during the transition?

• Upon ratification of charter change (through the
  Constituent Assembly), the interim parliament
  will be set up
• Interim parliament will be composed of current
  senators and congressmen
• Members of Parliament will also include at least
  1/3 of existing cabinet officials plus 30 other
  presidential appointees
• Parliament will elect interim Prime Minster. PM
  will also become cabinet member

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What happens to GMA?

• Arroyo will remain the Head of State and the head
  of government until 2010
• President directs and supervises the interim PM
  and the Cabinet
• Gloria effectively stays in power, retains
  control of government and enjoys majority support
  from Parliament

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What happens to VP Noli?

• Will initially convene the interim parliament
• Will continue to exercise his role as VP, until
  2010, as provided by 1987 Constitution
• Not much else

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Provisions on National Patrimony

• State can enter into joint ventures for the
  exploration and exploitation of natural resources
  with 100 foreign owned corporations (which is
  already being done)
• Alienable lands of public domain will be limited
  to agricultural and reclaimed land
• 100 foreign-owned corporations can own
  industrial, commercial and residential land,
  subject to limitations by Congress
• 100 foreign-owned corporations can lease
  alienable land of public domain

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Provisions on National Patrimony

• Citizenship restrictions on franchises, and thus
  ownership of public utilities is removed
• Allows 100 foreign ownership of power and water
  companies
• Limited to large public utilities
• Allows 100 foreign ownership of advertising and
  mass media

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Provisions on National Patrimony

• Every provision liberalizing extent of foreign
  ownership of corporations in certain lines of
  business, and of industrial, commercial, and
  residential lands shall take effect three years
  after ratification of this Constitution or upon
  earlier passage of legislation implementing the
  provision.

22
Structure of the Republic

• Initially, political and territorial divisions in
  the country will be the provinces, cities and
  municipalities
• Creation of autonomous territories
• Transition towards Federal Republic of the
  Philippines wherein autonomous territories will
  become federal states

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Why we oppose Arroyos Cha-Cha

1. Charter Change, under its current form and
   direction, will make the constitution even worse
2. It is a maneuver to keep GMA in power despite
   widespread calls for her immediate
   ouster/resignation.
3. It will open the economy and national patrimony
   to unrestrained foreign exploitation and plunder
4. The bigger problem is not the form of government
   but the existing class composition of government
5. Re-imposition of martial law and return of US
   bases

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Making a bad constitution worse

• 1987 constitution could hardly be considered
  truly pro-people. Still reflects the dominant
  class interests in society
• But since it came in the aftermath of the Marcos
  dictatorship and People Power, there are some
  limited provisions recognizing democratic rights
  and national sovereignty, protection of national
  patrimony
• With reactionary class interests still dominant
  in Philippine politics, moves for charter change
  can only take an anti-people, pro-imperialist and
  pro-elite direction

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Staying alive.and in power

• Charter Change gives the illusion that the
  measure can actually bring about positive reforms
  demanded by the people
• A way to manage the intense conflict between the
  reactionary elite and the contradictions between
  the ruling regime and the people by avoiding
  great upheavals like People Power, and coups
  which tend to weaken the ruling system

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Staying alive.and in power

• NO-EL provision- GMA stays in power till 2010,
  enjoys the support of the majority in Congress
• GMA retains control of government even if there
  is a transition to parliamentary form
• Term extension is a virtual bribe for pro-Arroyo
  solons who will enjoy a free three-year term
• Anti-Arroyo politicos out of power will stay out
  of power

27
Cha-cha and imperialist globalization

• Economic liberalization is a key thrust of
  charter change.
• Cha-cha provisions are consistent with demands of
  imperialist globalization, dictates of WTO,
  IMF-WB
• Apparent US pressure on GMA to fast-track
  liberalization, in exchange for continued US
  support for her administration

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Cha-cha and imperialist globalization

• Cha-cha economic provisions will harmonize the
  constitution with several existing laws and
  policies that have been questioned as
  unconstitutional
• EPIRA (exploitation of sources of hydro,
  geothermal and other local sources of energy),
  Mining Act of 1995
• Full privatization and foreign corporate takeover
  power industry, water utilities, telecoms,
  transportation

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Cha-cha and imperialist globalization

• Foreign ownership of mass media and advertising
  firms aimed at creating public acceptance of
  imperialist globalization (policies, products
  etc.) and promoting colonial culture
• Foreign entities intervening in domestic concerns
  through the of shaping public opinion
• Strengthening of the profit-oriented nature of
  the mass media, further setting aside the
  interest of the people

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Cha-cha and imperialist globalization

• Fast-tracked economic liberalization equals
  unbridled exploitation and plunder of the
  national economy and patrimony
• Ruin of Filipino-owned enterprises who cannot
  compete with MNCs

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Cha-cha and imperialist globalization

• Since 1990, some 130 countries have revised or
  adopted new constitutions to attune countries to
  market reforms including denationalization of
  industries, liberalization of economies (Africa,
  Ibon)
• In contrast, the US constitution has remained
  basically unchanged for over 200 years, Japan,
  Germany unchanged for past 50 years

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Myth of foreign investments

• The influx of so-called foreign investments did
  not really result to economic growth. GDP growth
  rates during FDI-intensive 1980s-90s were
  historically low.
• Despite increase in FDIs, unemployment remains
  at a historic high due to the undermining of
  domestic industry and agriculture
• Inward investments mean outward remittances

The Perils of Cha-Cha, Sonny Africa, Ibon
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Cha-cha and imperialist globalization

• Interesting to note that while there were debates
  within the Con-Com regarding the form of
  government they will adopt, the Commission was
  unanimous on the need to liberalize the economy

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Form of government is secondary issue

• Cha-cha misses the point on why the government is
  perpetually in crisis
• Government is still dominated by big compradors
  and landlords
• Puppet regimes subservient to foreign interests
• Binihisan lang ng ibang damit ang buwaya, at
  pinatira sa ibang bahay, pero buwaya pa rin

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PCIJ study on how representative Congress has
become

• In the House of Representatives, 2/3 are members
  of political clans.

HOUSE NUMBER WITHOUT PARTY LIST
8th (1987-1992) 122 62 62
9th (1992-1995) 128 64 64
11th Congress (1998-2001) 136 62 65
12th Congress (2001-2004) 140 61 65
How Representative is Congress, Sheila Coronel
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PCIJ study on how representative Congress has
become
Congress of the Rich and Powerful
TERM AVERAGE NET WORTH (P) OF REPRESENTATIVES AVERAGE NET WORTH (P) OF SENATORS
9th Congress (1992-95) 8,401,072.28 -
11th Congress (1998-2001) 20,589,862.25 32,908,657.45
12th Congress (2001-2004) 21,914,669.72 59,358.557.06
How Representative is Congress, Sheila Coronel
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PCIJ study on how representative Congress has
become

• In the Senate, the average net worth of a senator
  increased from P33 million in 1998 to P59 million
  in 2001.
• In 2004, a quarter of all senators had a net
  worth of above P100 million.

How Representative is Congress, Sheila Coronel
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PCIJ study on how representative Congress has
become

• Congress dominated by big business elite,
  landlords, upper professional class
• Congress remains a fortress of privilege

How Representative is Congress, Sheila Coronel
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Even more marginalized

• Proposals will also affect constitutional
  provisions on charter change
• Partylist representation can be either deleted or
  modified to include traditional political parties
  thus defeating the purpose of the partylist
  system to represent marginalized sectors

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Form is secondary

• The domination of such classes in government has
  little to do with the form of government and has
  everything to do with the social structures and
  inequalities faced by the majority of Filipinos
• Historically, political crisis is the result of
  class conflicts between the ruling elite and the
  people

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Other serious concerns

• Revisions in provisions on presence of foreign
  troops, bases, nuclear weapons. Harmonizing the
  constitution with agreements such as the VFA and
  MLSA and with ongoing Balikatan operations
• Possible threats to civil liberties in the wake
  of the anti-terrorism bill

42
Return to Martial Law?

• Proposal of House Committee on Constitutional
  Amendments deletes certain provisions that check
  the presidents martial law powers
• Removal of provision limiting martial law and
  suspension of writ of habeas corpus to 60 days
• President no longer has to report to Congress
  within 48 hours of the declaration of martial
  rule
• Supreme Court no longer has power to review the
  factual basis of martial law

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Return to Martial Law?

• New basis for declaring martial law includes
  insurrection and the imminent threat thereof
• Makes it easy to declare martial law on the basis
  of destabilization or even people power
• GMA will be granted vast powers for the wholesale
  violation of peoples rights

44
Return of U.S. military bases?

• House proposal removes constitutional provision
  banning foreign troops and bases sans a formal
  treaty
• Removes nuclear free provision of the
  constitution
• Proposal also lowers voting requirements for
  treaty ratification

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Quantum leap backwards

• Charter change will effectively reverse the
  important gains in the struggle against the
  Marcos dictatorship and the US military bases

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Our calls

• Oppose charter change and Arroyos maneuvers to
  remain in power
• Oppose moves to make a bad constitution even
  worse
• Oust the puppet, fascist, and oppressive
  US-Arroyo regime
• No to the sell-out of national patrimony! No to
  imperialist plunder of the economy!
• No to the return of martial law! No to the return
  of US military bases
• Fight for genuine freedom and democracy, land
  reform, nationalist industrialization, pro-people
  government

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What we can do

• Public information campaign on cha-cha
• Sustained mass actions for GMAs ouster
• Picket protests during Committee hearings
• Active lobby work in the Senate
• Alliance work with nationalist business, media,
  other patriotic forces opposed to globalization
• Develop broad anti-Arroyo united front

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Tuloy ang laban
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Annex Debates on parliamentary and federal forms
of govt

• Parliamentary form concentrates too much power
  into PM and the ruling party
• Because it is relatively easy to replace PM and
  ruling party, the PM is forever held hostage by
  political compromises
• No established connection that parliamentary form
  will translate to economic growth
• Will not reduce electoral fraud and corruption
  even if people will no longer directly elect
  president

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Annex Debates on parliamentary and federal forms
of govt

• Federalism too complex, expensive, bloats
  bureaucracy by adding another layer of government
• Will further divide the country, runs counter to
  nation-building

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