Friday, August 10, 2018

Not in these conditions




There is much talk now about Charter Change (cha cha) and federalism. It is being pushed by no less than the President himself. The draft made by the Constitutional Committee (Con Com) on federalism that he himself has constituted is now being discussed is the Lower House. A big budget of 90 Million is being eyed for its promotion.

Admittedly, the 1987 Constitution is not perfect. No document is ever perfect, unless it is inspired by the Holy Spirit. The 1987 Constitution can certainly be improved, but not at this time because the prevailing conditions are not appropriate for such a grave task. The constitution is the basic law of the land. It is the basis of subsequent laws that would govern the country. It will be the yardstick by which other legislations will be judged. If the constitution is therefore of “low quality” and not just, then all the other laws will be infected by its limitations. Thus amending the constitution is a very serious matter, much more, overhauling  it! With all its defects, the 1987 Constitution of our country is recognized worldwide for its progressive character, especially in its human rights and social justice provisions. If we are to change it, the result should be a more progressive one, not one of a lesser quality. Can a better constitution come out now, in our present situation? I do not hesitate to shout a loud: NO!

No! because of the “low quality”  and untrustworthiness of our present congress men and women. They do not really look after the interest of the people but only of their own families. The vast majority of them are from political dynasties. They have no convictions, but are political butterflies who cling to whoever is in power. The debate in congress is very mediocre. It is not independent. In fact most people see the Lower House as a rubber stamp of the Executive. We cannot entrust the crafting of a new constitution to such a group! And they are insisting that the present congress will constitute the Constitutional Assembly (Con Ass) for the cha cha. They absolutely cannot be trusted to tinker with the basic law of the land!

No! because our time is not appropriate for honest debate and discussions. A culture of fear is in the air and is being promoted by violent language and accusations on those who oppose the present government. There are even killings of those who are perceived to oppose or do not toe the line. Others are being removed from their office by devious machinations of the law. There is a culture of impunity. Healthy debate is not possible in such a climate.

No! because of the rush in which the process is made to proceed. Proper and transparent debate cannot be forced. It needs time to make people understand what a constitution is, why it is to be changed,  what federalism is, how is federalism to be compared to our present unitary system, and the like. The task is made more challenging by the fact that most Filipinos do not know the present constitution. How wise is it to change something that you do not know? The rush by which cha cha is being pushed is very suspect.

In these conditions, it is not the time to change the charter! The government would be of better service to the people if it addresses the concerns that really impact of them now, like the high inflation, the rise of prices of the basic necessities, the lack of work, the broken peace talks, the unabated drug problem in spite of all the killings, and many, many others! No amount of charter change and federalism will melt these problems away.



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