‘Federalism a tough sell’

MANILA, Philippines - Even with a widely popular incoming president as its main advocate, federalism appears to be a tough sell as it would certainly entail extensive constitutional amendments, Senate leaders said yesterday.

Senate President Franklin Drilon and Senate president pro-tempore Ralph Recto shared the view that the issue would require more than discussions among lawmakers in the Senate and the House of Representatives in the 17th Congress.

They said the proposal needs comprehensive study on its impact on national policies and that any effort to amend the Constitution – a necessary step for a shift to federalism – involves a tortuous process.

Recto noted that economic provisions in the Constitution would not be left untouched if amendments were introduced to pave the way for a federal system of government, as espoused by the incoming administration of Rodrigo Duterte.

“What are the details of federalism, how will it affect taxes? How will it affect the division of natural resources?” Recto asked.

He said lawmakers and policy makers should ponder these questions if federalism would be discussed.

Recto added that in amending the Constitution, the people should be allowed to decide the mode of amendment – through a constituent assembly (con-ass) or a constitutional convention (con-con).

“It’s going to be a long discussion. Possibly there will be constitutional amendments, and if the Constitution is opened – economic provisions and political – I’m sure all the others will be open for discussion,” he said.

“We are here to listen. The president has an expansive mandate and we should respect that, as well as whatever we can contribute – why not,” he said in Filipino.

“As senators, we are nationally elected so we also have mandate. It is designed like this also that there are 24 people in this country elected at large,” he added, referring to the number of elected senators.

He also said that if the proposed shift to federal form of government is meant to allow the peace process in Mindanao to push through, then it might be easier if Congress would just pursue the passage of the Bangsamoro Basic Law (BBL), the approval of which was derailed during the present administration.

Recto said he is in favor of pushing for the BBL since it would only require amendments to the Local Government Code, a procedure that would be easier to undertake than amending the entire Constitution.

“Federalism will require lengthy discussion, but I’m willing to listen,” he said.

“What’s easier to discuss would be easier to do – and you will get the same results,” Recto pointed out.

For his part, Drilon said it would be Congress’ task to decide which tack would be used to amend the Constitution – either Con-ass or Concon.

He stressed that shifting to another form of government would require more than just passing a legislative measure.

“No, it is not a federal bill, if you want federalism, you must amend the Constitution,” he said.

“The Congress, both the House and the Senate, would have no say on that, except, either to call a Constitutional Convention, in which case the issue of the form of government will be decided by the Concon, or we have a con-ass, in which it will be decided by both houses of Congress, acting as a Conass, not as members of Congress,” Drilon said.

Don’t forget BBL

Meanwhile, government peace panel chief Miriam Coronel-Ferrer said the choice does not have to be between BBL and federalism.

Ferrer made the statement in response to incoming Rep. Pantaleon Alvarez’s pronouncement that the next Congress would no longer pass the BBL as it would go straight to discussing federalism.

“The next Congress can pass the draft law within 2016 and at the same time undertake the needed legal processes for Charter change,” she said.

“Any move to change the Charter requires a lot of study and consultations. It will take several years since such a major change is not a mere amendment to the Constitution and is best done through a constitutional convention,” Ferrer added.

She said any further delay in the finalization of the Bangsamoro peace process would seriously affect stability of the next administration.

Ferrer is the Aquino administration’s top negotiator for talks with the Moro Islamic Liberation Front (MILF).

“Set up the Bangsamoro entity and let it exist. If we delay the road map, things might get worse. There are extremist ideologies existing around us recruiting among the Moro youth,” Ferrer said.

She said pursuing the current peace roadmap laid out in the Comprehensive Agreement on the Bangsamoro would have greater advantages for the coming administration. 

“Passing the BBL as soon as possible will help stabilize the situation in the Bangsamoro. It will pave the way for the full-scale decommissioning of the MILF’s weapons and combatants, the delivery of the socio-economic programs and greatly enhance security cooperation between the government and the MILF,” Ferrer said.

She stressed a partnership between the government and the MILF is essential to fighting crime and terrorism in the region.

Aside from the legislative tack of establishing the Bangsamoro, Ferrer said the CAB also provides a roadmap for the implementation of socio-economic programs for normalization in conflict-affected areas as well as the transition of MILF combatants to civilian status.

Ferrer argued that without the enactment of a CAB-compliant Bangsamoro law, the decommissioning of the Bangsamoro Islamic Armed Forces (BIAF) and implementation of the normalization track would remain stalled.

The BBL is the enabling law for the establishment of the Bangsamoro political entity that seeks to replace the current Autonomous Region in Muslim Mindanao (ARMM).

It provides for political and fiscal reforms aimed at greatly enhancing the fiscal and political autonomy of the region.

However, the proposed law was not passed by the current Congress before it adjourned for the national and local elections last February.

Ferrer expressed belief Duterte understands the importance of passing the BBL, noting that during the last presidential debate held in Pangasinan last April, the incoming president voiced his support for the BBL as a way to correct the historical injustices done to Muslims in Mindanao.

“You have to make the peace there [in Mindanao] before you can move,” Duterte had said in a televised debate among the presidential contenders.

“Kung hindi mo makausap ito (If you cannot talk it out) in peace talks, everything will fail. And I am telling now, the Republic of the Philippines, nothing will appease the Muslims, the Moro people if we do not give them the BBL,” Duterte added.

Ferrer assured the incoming president and his peace lieutenants that the current government panel would turn over a fully functional set of mechanisms charged with overseeing all the different components of the CAB, from the ceasefire to the camps’ transformation among others.

“We will be handing over our data base system and assessments of all the different activities as part of our terminal report under this administration and this would be very useful to the next,” she said. 

Ferrer also called on newly elected officials and the general public to support the peace negotiations.

“I hope that we will finally achieve the much-needed national consensus to continue with the implementation of the peace agreements,” Ferrer said. – With Jose Rodel Clapano