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We don’t need the proposed charter

change. We need real change.


A proposal to address the political impasse

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Who are we? And why are
we speaking out now?
We are multi-sectoral, non-partisan movement whose focus is on
process not personalities
Many of us have not joined rallies. Some have. But all agree
that:
– We need to unite behind democratic processes
– Solutions appear to serve personal or group interests, e.g.
government machinery geared to propaganda of “people’s”
initiative
– Need to address growing alienation, even distrust, of
democratic institutions and our leaders
– The silent need to be informed, speak out and be part of
solution

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Is the 1987 Constitution the
root of our problems?
Under the present constitution, Government has enough
powers to:
• Protect human rights
• Stop corruption
• Improve education systems
• Improve health care system and reduce cost of medicine
• Promote jobs and livelihood
• Stabilize prices of basic goods
• Promote peace and order nationwide
• Modernize the electoral system

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Is there a way thru the
impasse? Let’s consider:

• A proposed 5-point process to address impasse


• Possible scenarios
• What we need to do to be part of the solution

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We propose a 5-point
process:
1. Discontinue the present “people’s initiative”;
2. A social reform program now;
3. Elections in 2007 as indirect referendum, and electoral
reform now;
4. A Constitutional Convention after 2007 elections, if
necessary;
5. A collective effort to rebuild the trustworthiness of
democratic institutions.

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First, discontinue the present
Initiative.
• Legally flawed: divisive, questionable process
• Fallacious and deceptive reasoning
– No conclusive empirical evidence that parliamentary
system is superior for political stability and economic
growth
– No factual basis to amend “economic” provisions; not a
priority condition of foreign direct investments
– While cha-cha has well-meaning advocates, in the
context of concentration of political power today the
implication of proposed shift to parliamentary, unicameral
system is disturbing: it gives more power to those who
already have it.
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Consider
• Removes power of people to vote directly for president
• Transitory provisions:
– More powerful President: fused institutions; 2/3 to “impeach”
– Powerful interim parliament of incumbents which can decide
on 2007 elections and introduce more amendments, e.g.
• Weaken supreme court as check against abuse of
power: (i) remove power to determine factual basis
martial law, (ii) increase from majority to 2/3 vote to
declare EOs unconstitutional; (iii) remove power to
determine “grave abuse of discretion”.
• Restore power of president to declare martial law on
“imminent danger of rebellion” (used by Marcos)
• Extend its own life
• Freedom of speech/press qualified: “responsible
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exercise” 7

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In short, chacha, represented as “more power to the people”,
consolidates power in the center. (Note: Federalism, even
assuming it is appropriate for the country, is not mentioned in
draft “people’s” petition to the Comelec)

More importantly, most people are not fully informed. The


proponents’ agenda is slippery: it is contained in 3 documents
– draft Petition, Recommendations of Consultative
Commission, House Resolution - some provisions even
inconsistent with one another

IN SUM: Too many uncertainties and potential dangers are


implied by the proposed changes. Yet there are real and
urgent problems that confront our people on a daily basis.

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Second, a social reform
program now.

• Sharper focus on safety nets: e.g. food security,


education, health care, water
• Strict implementation of agrarian reform law
• Sustained campaign against graft and corruption
• Increased political representation of marginalized sectors

Nothing in present constitution prevents actions being


taken today on these concerns.

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Third, the 2007 elections as an
indirect referendum and
electoral reform now.
• Both pro-GMA and anti-GMA miss the point of
accountability system in the Constitution: final verdict is
the people’s vote.
• A credible 2007 elections can serve as indirect
referendum on the term of the present administration,
depending on who people vote for and how those
elected choose to exercise their mandate.
• Are our leaders willing to trust the people’s verdict, and
its consequences to themselves, so we can move on?

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Electoral reform

The government has not yet delivered on promise to


modernize the electoral system by 2004. A trustworthy
electoral system should be a precondition to any major
revisions in our political system.

“Revamp” – key recommendation by the Presidential


Adviser on Electoral Reform. As a minimum, there must
at least 4 independent commissioners of unquestioned
integrity and competence.

Amendments to modernization law; plus other reforms

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Fourth, if necessary, a
constitutional convention after
the 2007 elections.
• One Voice not against a review of the Constitution, or if
necessary, charter change
• But a drastic overhaul of political system needs a broad
representation of society. Enabling law on selection of
delegates critical. A con-ass of present Congress is
suspect
• It should be preceded by a massive public education
campaign. The process cannot be rushed.
• Any major change in political structure should not benefit
those presently in power.
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Fifth, a collective effort to rebuild
trust in democratic institutions

• “Governance” - not only how president decides and how


national resources are managed
• Also our collective responsibility to solve our problems
without bringing whole system down
• Pre-occupation with fate of a person distracts us from
urgent problems and long-term institution-building
• Institutions are our lifeline to our future
• Our democracy works even when not in its best behavior
but must address urgent needs now to rebuild trust

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What could happen?

Three possible scenarios, all of which assume:

• Administration will push limits of options on cha-cha


(people’s initiative, con-ass) to keep allies intact (JdV,
FVR, LGUs, Congress). Also meant to audit political
machinery, and/or to condition people to future cha-cha
• Primary objective of PGMA is to finish term w/ social and
economic legacy. Charter change is secondary legacy –
not just tactic to stay in power
• Consensus possible from all parties on electoral and
social reforms
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Scenario 1 – Supreme Court
allows “people’s” initiative or Con-
Ass

• SC ruling (which overcomes issues of “no enabling law”


and “revision”, and allows “joint” voting in con-ass)
widely protested
• Contentious plebiscite
• No “closure” on political impasse

Outcome – uncertainty, possible instability

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Scenario 2: Supreme Court
strikes down PI and Con-Ass
(likely). However …

Either
i. 2007 elections not credible, i.e. process flawed and results
not credible (instability)
ii. 2007 elections credible:
- GMA coalition wins, people accept, and “oust-GMA”
movement limited to hard core opposition (stability likely)
- opposition wins enough to impeach and convict (stability
unless military/police interfere, which is unlikely)

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Scenario 3: Supreme court
strikes down PI and Con-ass
(likely). And …

• Both sides agree to:


– Trust people’s judgment in 2007 as final verdict on
political impasse (difficult but possible)
– Cooperate on social reform program (possible)
• Allow people to decide on a Concon after 2007 elections
(difficult but possible)

Outcome: stability
• Unless, GMA forces attempt to manipulate Concon

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How can we be part of the
solution?
Immediate term:
1. Conduct grassroots education campaign on
– Implications of the “people’s initiative” and of a rushed
charter change. These are matters on which people must
be allowed to freely and knowingly make decisions – heart
of politics is justice. Urge people to speak out!
– The importance of 2007 elections as indirect referendum
2. Citizen’s action for a credible and meaningful 2007 elections
– Vote on issues, on track record of candidates
– Prepare to safeguard the ballot again in 2007
3. Work with local/national government officials to prioritize
social programs and electoral reform
Longer term: Inform ourselves about the Constitution. Decide
on the need for change and, if so, specific changes.
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In closing…

• Admittedly, many things must come


together
• But we have done the difficult before
• Making the journey is half the battle won

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Join us.
Download our position paper and other
references at
www.onevoice.org.ph

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