09/07/2024
EDITORIAL | Cha-Cha: Dancing With The Devil
[A Charter Change Explainer]
The current administration is not the first to propose amendments to the 1987 Constitution. Since its ratification, almost every administration has seen proposals with massive ambitions, from economic reforms to rearrangements of the entire government system of the country. So far, no attempt has been successful. Will the most recent bid for Cha-Cha, with its controversial proposal to permit 100% foreign ownership for public utilities, education and advertising firms, meet the same fate? Taking a look at the history of failed Cha-Cha attempts may answer that.
In 1997, The Peopleโs Initiative for Reform, Modernization, and Action (PIRMA) pushed for constitutional amendments to adopt a parliamentary government. Charter Change achieved through peopleโs initiatives are limited to proposing amendments. In this case, the proposals were deemed as revisions, thus it was ultimately unsuccessful.
In 1999, President Joseph Estrada formed the Constitutional Correction for Development (CONCORD), whose proposed amendments mirror those pushed by the Marcos administration today. Both bids for Cha-Cha advocate for the lifting of restrictions on foreign ownership, positioning themselves as โeconomicโ Cha-Chas. Estrada received strong pushback from multiple sectors, which led to another failed Cha-Cha attempt.
The Arroyo administration saw mounting efforts to revise the Constitution throughout her term. What began as a push towards federalism was later dropped in favor of a push for a parliamentary government. This administration fought harder than its predecessors, attempting to utilize all three methods of constitutional reform, yet none of them received enough support, rendering these attempts as failures.
Former President Rodrigo Duterte was vocal about his desire to adopt a federal government since before he was even elected. A federalist Philippines was a consistent talking point for him throughout his term, along with other huge constitutional revision and amendment proposals such as the abolition of the Office of the Vice President, the Office of the Ombudsman, and the Judicial and Bar Council. Towards the end of his term, with no progress on his own big proposals, he urged the next administration to expedite a constitutional revision to abolish the party-list system as part of his endless red-tagging tirade.
In the current Marcos administration's iteration of Cha-Cha, the president and his allies have tried hard to reassure citizens that the proposed amendments will address economic concerns alone. Underlying this repeated reassurance is an uncomfortable truth Marcos tends to brush off, that the last successful Charter Change before the 1987 Constitution was a strategic move by the presidentโs own father to legitimize his bloody dictatorship. This strategic positioning as a purely economic tactic may merely be a front to lessen public backlash, but if successful, this Cha-Cha can open doors for future non-economic proposals. Every past Cha-Cha attempt has been met with skepticism because of the issue of term limit extension, obviously tainted by Marcos Sr.โs legacy. This attempt is no different. Who else, if not his own son, would be most likely to follow in his footsteps?
Unlike the ones that came before it, the current Cha-Cha bid has progressed into its third and final reading in the Senate with the passing of RBH 7. However, the internal disagreements between the Congress and the Senate regarding the voting system to proceed with are causing a delay for this Cha-Cha train. But as our lawmakers and those in power continue to waste our time stepping on each other's feet, the vibrations on the ground they stomp on reverberate to every impoverished and marginalized Filipino who desperately needs substantial change.
Marcosโ economic Cha-Cha holds up unbarred foreign investment as a heavensent solution to the Philippinesโ chronic poverty and underdevelopment. The problem with this proposalโs hasty solution is that we cannot rely on it to be sustainable. Proponents exemplify our ASEAN neighbors as success stories that we can imitate with one policy change, but that assumption is naive and irresponsible. There is an even bigger, more glaring discussion about the increased possibility of exploitation of Filipino workers on our own soil that comes with increased foreign investors. Our local industries still lack empowerment and meaningful development, yet our leaders continue to seek beyond our borders for the solution to our country's problems.
Giving full ownership to foreign investors makes regulation more difficult. How do we draw the line? How do we ensure Filipino-owned interests do not get drowned out by a sea of overpowered overseas conglomerates? Chinese vessels are already threatening the sovereignty of our seas, how can we let foreign powers gain control over our land as well?
The sectors at stake are crucial and the effects of overdependence on foreign stakeholders may have dire consequences outweighing their economic benefits. Cha-Cha would work hand-in-hand with the oppressive PUV Modernization program, allowing foreign powers to take over the transportation sector, forcing local workers out and driving prices for the masses up. Even without constitutional reform, the Marcos administration has already established partnerships with foreign investors in the education sector, especially the US. Their strong push for neoliberal and profit-driven policies does not foster more learning opportunities for students, but breeds more cheap workers for international clientele. SUCs like ours are already grappling with severe budget cuts, using foreign investors as scapegoats gives our government less reason to provide us funding and support.
We must remember that the 1987 Constitution, the most recent successful Charter Change, was drafted with the abuses and terrors of the Martial Law era fresh in the Filipino collective consciousness. The amendments that were enacted addressed the failures of its predecessor and installed safeguards to prevent similar manipulation. Although, it is by no means unquestionable, as the socio-political landscape of not only the Philippines, but the entire world looks entirely different after 37 years. Being critical of the systems in place is what an active and healthy government should do. However, the changes solidified in the 1987 Constitution reflected the needs of the Filipino people at the right time. The current Cha-Cha bid reflects an image from our past, one that is doomed to fail time and time again.
| Editorial by Syd Ramos
| Illustration by Cee Marcel