24 February 2018

We, the Caucus of Development NGO Networks (CODE-NGO), the largest coalition of social development civil society organizations in the country, declare our opposition to the initiatives of the current administration to change the Constitution.

We reiterate our consistent stand that any amendment or change in the fundamental law of the land should be undertaken through an objective, deliberate, and participatory process with the citizens; particularly to protect the interests of the basic sectors and marginalized groups. Thus, we are against the hasty mode by which Congress is pushing Charter Change by convening incumbent legislators into a Constituent Assembly (Con-Ass). This process will only extend the term of incumbent legislators and lacks transparency and participation by the people.

CODE-NGO, as co-convenor of the Coalition for a Citizens’ Constitution (C4CC), believes in the distribution of power and wealth to the regions that a federalist form of government intends to usher in. We reaffirm our position on an “asymmetric approach” where regional states will not enter into a federal set-up all at the same time, but instead, undertake the process on a state-by-state basis, depending on the proposed state’s accomplishment of certain preconditions. These preconditions should include, among others:

1. the completion of agricultural land re-distribution under the agrarian reform program, the issuance of ancestral domain titles and other asset reform programs;
2. the institutionalization of basic good governance systems and practices in the local governments, including measures against political dynasties and, most importantly;
3. the assent of the majority of the residents in the area.

However, it will be impossible to satisfy these requirements at a speed that Congress currently intends to institute a federal form of government.

Further, the majority of local chief executives and Congresspersons represent political dynasties as revealed by a study of the Ateneo School of Government. The study illustrates that it exacerbated poverty and inequality in the regions; hence, calling for federalism right now will further embolden and expand political dynasties.

Moreover, we are alarmed of the proposals peddled at the House of Representatives through the Resolution of Both Houses No. 8 and draft Salient Provisions of the Federal Government of the Philippines by the Sub-Committee on Constitutional Amendments. These provisions appear to undermine democracy, human rights, and social justice provisions of the 1987 Constitution, with the following proposals, among others:

• Giving oversight powers to the President over all of government – legislative-executive, judiciary, constitutional bodies, independent bodies and all agencies, practically institutionalizing an authoritarian rule;
• Giving overwhelming appointive powers to the President, with no clear check and balancing roles for the Judicial Bar Council in the appointment of Supreme Court Justices and for the Committee on Appointments for the appointment of heads of agencies and constitutional bodies;
• No mention of social justice and human rights provisions nor the important role of the Commission on Human Rights; and,
• Providing exemptions to the protectionist economic provisions, which practically opens up our economy to foreign ownership, including ownership of lands, exploration of natural resources, governance and management of public utilities and ownership and management of educational institutions.

We, therefore call on the Department of Interior and Local Government (DILG), the Office of Participatory Governance (OPG) and local government units, who are involved in the awareness campaigns on federalism discourse by ensuring a transparent and widest participation of citizens and different stakeholders, particularly marginalized groups; by providing citizens and communities the right information about the federal system through an objective presentation of its pros-and-cons; and by facilitating constructive debate and healthy discussion in order to empower citizens in making a decision.

We also call on House Speaker Pantaleon Alvarez, Senate President Aquilino Pimentel III and President Rodrigo Roa Duterte to completely abandon their plans for Cha-Cha and Federalism.

We, from the civil society who serves as a pillar in nation-building and partner of government, put forward these calls with a strong commitment to educate our constituents and partners who are serving the people in various regions and communities; to empower them with accurate information; to allow them to participate meaningfully in the dialogues and processes; and for them to have informed decisions.

No to Con-Ass! No to Cha-Cha!