Federalism and Cordillera autonomy

BEHIND THE SCENES

Alfred P. Dizon

BAGUIO CITY – The move of those aligned with the Duterte administration to push federalism in the Philippines has  provoked backlash among sections of society, from the business sector to the church and media, which have questioned the rationale for constitutional change. 

A recent survey by Pulse Asia found that 67% of Filipinos oppose the change, while only 18 percent were in favor and the other 14 percent were undecided.

Critics contend the move is part of a plot to extend the president’s term in office. In response, Duterte said he will not extend his term beyond his constitutionally mandated six years, due to end in mid-2022.

Critics say a federal form of government, if enacted, will likely prove a bane rather than a boon for the country. Federalism, they say, may end up only reinforcing socio-economic and ethno-political fault lines in an already divided archipelagic nation.

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Recently, a special consultative committee, made up of leading jurists and political scientists who were handpicked by the president, finalized the draft of a new constitution.

Duterte endorsed the draft, but Congress is not under any obligation to adopt it in its current form. Thus, the draft serves more as a reference point rather than the final substance of a new constitution, which will have to be approved by a majority of the electorate in a referendum.

Nonetheless, the draft does provide some insights into the rationale of the pro-federalism camp, which includes Duterte and his ruling party, PDP-Laban.

Under the proposed constitution, the Philippines will shed the unitary, centralized form of government it currently has in favor of a federal setup, not too dissimilar from that of the U.S.

Richard Heydarian, a Manila-based writer on Philippine economy and government policy said under the new proposed constitution, the Philippines will be divided into 18 federated regions. Regional states will have greater power over raising their own revenues, determining their own legislation and choosing their economic development models.

By breaking distributing some of the powers currently residing in the country's Manila-centric form of government, he said Duterte and his supporters hope to bring more prosperity to its neglected peripheries.

Metro-Manila alone, which hosts barely 10% of the country’s population (103 million), accounts for more than one-third (36.5%) of the country’s entire GDP.

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On paper, Heydarian says, federalism seems well suited for the Philippines. “In reality, however, it could become a recipe for disaster in a country that is already divided by language, religion and economic inequality.

“First of all, studies show that only a few regions are capable of raising enough taxes on their own. The vast majority of provinces, which will be submerged into new federal states, lack the basic administrative capacity for generating revenue. Not to mention duplication in taxes and further stress on the nascent bureaucracy of peripheral regions under a federal arrangement.

“Under a federal system, the richer states of the north (like Cordillera) will have even more resources to enhance their competitiveness, thus deepening the developmental gap with other southern regions.

Heydarian said even in prosperous nations like the U.S., the developmental gap between the rich coastal states of California and New York, on one hand, and the southern and midwestern states, on the other, has barely narrowed after two centuries of federalist experience.

“In developing countries like India, Iraq and Nigeria, federalism has either failed to close developmental gaps and ethno-communal tensions among various states or, more worryingly, in some cases reinforced and reified them over the decades. In places such as Yugoslavia, a federal setup eventually collapsed into a genocidal civil war.”

Heydarian adds a federal system could further strengthen the power of political dynasties and warlords, which control the Philippines’ peripheries.

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According to academic studies, around 178 so-called "political dynasties" – politicians related by kinship and blood – control 73 out of 81 provinces across the country. They also control up to 70% of the legislature, thus they seem likely to remove any proposed restrictions on the proliferation of political dynasties.

“Under a federal system,” Heydarian said, “they are best positioned to dominate the newly created local legislature and state institutions, further consolidating their grip on power in the country's poorer regions.”

It's no wonder, then, that most surveys show the vast majority of Filipinos are either against constitutional change or completely unaware of its implications.”

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Up north in the Cordillera, Baguio Mayor Mauricio G. Domogan agreed to the contention of advocates and critics of the proposed shift to federal form of government that the realization of the proposal will take a long period of time.

Thus, he said, there is need for Cordillerans to embrace what had been legally and constitutionally provided -- establishment of a Cordillera autonomous region.

The proposed shift to federal form of government, he said, requires the amendment of the provisions of the 1987 Constitution that will surely take some time while the establishment of the autonomous region is clearly provided in Philippine constitution and the only thing left to do is for the enactment into law of pending bills in both chambers of Congress mandating the establishment of the Autonomous Region in the Cordillera.

“The removal of the Cordillera and the Bangsamoro regions in the version of the House of Representatives on the federal charter should serve as a serious warning to Cordillerans that there is a big chance for the eventual split of the Cordillera Administrative Region once Congress will pass the pending version of the charter, thus, it should also empower us to vigorously lobby for the enactment into law of our own autonomy measures before it will be too late in the day,” Domogan said.

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He expressed disappointment that after having signed and filed House Bill 5343 that seeks to establish the ARC, no one among Cordillera congressmen seem to be mindful in ensuring continuous deliberations of the pending autonomy bill.

This, he added, despite the commitment of Mindanao congressmen to support the passage of the autonomy law like what happened to the approval of the Bangamoro Organic Law.

According to him, the establishment of the ARC prior to the proposed shift to federal form of government will allow the region to have a leverage in negotiating for recognition of the autonomous region within a federal state considering that such arrangement is actually allowed to be able to maintain the unity of the region.

Aside from HB 5343, other bills on establishment of the ARC are also pending in the Senate. These include Senate Bill No. 1678 authored by Senator Juan Miguel Zubiri, SB No. 1923 authored by Senator Joseph Victor Ejercito and SB No. 1930 authored by Senator Paulo Benigno Bam Aquino IV. All are now pending in the Senate committee on local government chaired by Sen. Juan Edgardo Angara.

According to Domogan, now is the right time to achieve autonomy for the Cordillera because of support shown by the present administration to the region’s clamor for self-governance.

He cited arguments in support of autonomy wherein the region will be allowed to craft policies, programs and projects applicable to the peculiar situation of the region that will boost the region’s economy.

The issue of “Cordillera towards federalism” is still murky even among academics.

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Yours Truly was invited to a conference on federalism set in Baguio this November by Dept. of Interior and Local Government Cordillera regional director Marlo Iringan who said speakers from the central office will expound on the issue.

We hope to get insights like the present thrust of the government on the matter. My thanks to Yvonne Balag-ey of the regional DILG’s federalism desk for informing us on the matter.