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NOEL

Christmas is really full of surprises. Just last week, the Constitutional Commission (ConCom) released its recommendations for the transitional provisions in the 1987 Philippine Charter. Surprisingly, their recommendations are just a reiteration of the changes that Gloria Macapagal-Arroyo and former President Fidel V. Ramos had floated before the ConCom was formed sometime in the third quarter of this year.

The recommendations are surprising because ConCom members like Jose Abueva, a former president of the University of the Philippines, and Jarius Bondoc, a reliable media man, known to be independent-minded, came up with results that are the same as the proposals that GMA have been bragging about.

Just to cite some coincidences, GMA proposed for a shift to a parliamentary form of government and the same is true with the ConCom’s recommendation. Also, the proposal of GMA to allow 100% foreign-owned corporations to operate and be allowed to own properties like land has been modified by the ConCom but the end result is the same. To cite: the State is given the right to enter into joint venture, production sharing agreement, etc. with 100% foreign-own corporations; the latter are allowed to lease alienable lands which are defined as agricultural and reclaimed lands; and, there will be no citizenship requirements for acquiring franchises for public utilities.

The implications are dire especially for indigenous peoples. Foreign-owned corporations particularly mining corporations can easily lease alienable lands and because of the Philippine Mining Act of 1995, lands could be leased for 50 years. Imagine the displacement to indigenous peoples.

The bigger surprise ConCom’s proposal for a “no elections” (NOEL) until the transition ends by 2010. During the transition phase, the bicameral house will be transformed into a unicameral legislative body, merging the Senate and the lower house. Senators and congressmen whose term will end by 2007 will be extended until 2010. The incumbent president will be the head of state and the government. Furthermore, the president will be able to appoint cabinet members to the unicameral legislation.

Without the elections in 2007, the merger of both houses and the addition of cabinet members will ensure the dominance of GMA and her allies in the legislative department. This is precarious to say the least because there will be no way to challenge repressive bills as GMA is in control of the legislative department aside from her being the head of state. To cite, CODAL (an organization of law professors and experts) describes the proposal for GMA to serve as the president and the prime minister as a “recipe for dictatorship”.

Secondly, the proposal for NOEL could be described as a last minute insertion because this was only discussed in the last phase of consultations done in Luzon particularly in Metro Manila and therefore represents a minor section of the Filipino people. But due to a majority decision in the ConCom, this was added and this leads us to question the validity of the recommendations of the ConCom itself. If they could recommend NOEL simply because the majority decided and not because it was approved in majority of the provincial and regional consultations, then they could easily recommend other points, which are not necessarily the result of the nationwide consultations they conducted in the past several months. Clearly, this is politically motivated.

Sad to say, though the intentions may be immaculate, ConCom’s recommendations are highly questionable because of the NOEL proposal. And to add injury to insult, the added burden of validating these recommendations are in the hands of the ConCom otherwise all efforts will be put to waste.

Clearly, ConCom’s recommendations will not benefit the millions of the toiling masses but will eventually be a tool for further repression and exploitation.

By the way, NOEL originally meant Christmas in French. And so, MERRY NOEL TO ALL! #

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