Cha-Cha and Arroyo’s maneuvers amidst the crisis

1. Cha-Cha and Arroyo’s 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 GMA’s resignation, Ramos and JDV came to the rescue of GMA…but 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, GMA’s 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

7. Highlights of the Commission’s Recommendations • Form of Government • Structure of the Republic • National Patrimony • Transitory Provisions

8. 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 MP’s • MP’s should be college graduate

9. 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)

10. 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.

11. 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.

12. 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 MP’s 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…..

14. 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

15. 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”

16. 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

17. 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 ?

18. 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… ?

19. 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

20. 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

21. 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

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

24. 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

25. 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

26. 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

28. 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

29. 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

30. 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 MNC’s

31. 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

32. 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 FDI’s, 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

33. 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…

34. 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

35. PCIJ study on how representative Congress has become… • In the House of Representatives, 2/3 are members of political clans. How Representative is Congress, Sheila Coronel

36. PCIJ study on how representative Congress has become… Congress of the Rich and Powerful How Representative is Congress, Sheila Coronel

37. 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

38. 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

39. 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

40. 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

41. 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 president’s 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

43. 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 people’s 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

45. Quantum leap backwards • Charter change will effectively reverse the important gains in the struggle against the Marcos dictatorship and the US military bases

46. Our calls • Oppose charter change and Arroyo’s 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

47. What we can do • Public information campaign on cha-cha • Sustained mass actions for GMA’s 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

48. Tuloy ang laban…

49. Annex: Debates on parliamentary and federal forms of gov’t • 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

50. Annex: Debates on parliamentary and federal forms of gov’t • Federalism too complex, expensive, bloats bureaucracy by adding another layer of government • Will further divide the country, runs counter to nation-building