Once more with feeling or just another joke

For those of us who have been in advocacy for constitutional reform for many years, it is hard to believe that new public consultations recently announced by the 15th Congress is for real. Congressman Victor Ortega, the chairman of the committee on amendments of the 14th Congress told me they would go all over the country to “sell” Charter change. It kicks off in Cagayan de Oro City on May 27, the congressional district of Rep. Rufus Rodriguez, who I am told, is for constitutional reform.

All this has been made possible “with the impeachment of former Ombudsman Merceditas Gutierrez out of the way, a source said. The House of Representatives will now have time to revive the public debate on constitutional reform.”  

The new chairman of the committee on constitutional amendments is Misamis Occidental Rep. Loreto Ocampos. With all due respect to the congressmen I find it hard to see how such ‘consultations’ will push the amendments forward.

The committee promise that all four issues — economic reform, judicial reform, local government reform and the form of government — will be taken up in the national consultations. This is nothing new as these issues have been the subject of debate inside and outside of Congress for years, indeed in three administrations.

“We will sell Charter change. We will go around the country and listen to the people first, then we’ll give the positive points of Charter change,” said Ocampos, who added that President Benigno Aquino III himself was open to amending the Constitution. It would be good if President Noynoy were to do more than that.

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As a member of the Advocacy for Charter Change then my experience tells me that such consultations do not work. I presume by people it means an audience of lowly farmers, underpaid teachers and jobless poor students attending the consultations on their own and not put together by local politicians.

They would not understand constitutional reforms per se period. They will go with what their local officials tell them. What they would like to ask are questions like “Will we be better off?, Will there be more jobs?, Will there be better schools, hospitals etc? How about more farm to market roads? Etc. etc.”

I cannot forget my experience as a member of the constitutional commission when we also went around the country for nationwide consultations.

After speaking on the different provisions that needed to be amended, an old man diffidently raised his hand and said, “Ma’am, kung lahat ng sinasabi ninyo ay makakaangat sa aming pagkabuhay, kayo na po ang bahala. Gawin na ninyo ang kailangan. Ang alam namin ay kung hindi natin papalitan ang ating sistema ng pamamahala ngayon wala kaming pag-asa.” (Madam, if all you say will change our lives, just do it. With the present system we have no hope that our lives will ever change).

I realized then that one of the problems was communications because we are a divided society - the politically illiterate and the politically literate. To bring about a real understanding of “constitutional reform” among the masses we would first have to overcome that divide. It will take years of education, if not generations to overcome that political divide.

This is the first given if the intention is to communicate “political reforms’ to the masses or and to take the “public pulse”. As I never tire writing in my column, India, which is one of the biggest democracies in the world, that divide is assumed. I cannot imagine the Indian government would go around and ask political illiterates if they wanted constitutional reforms before they undertake the task as members of parliament.

What the “people” want is change, real substantial change (not elections that are the exclusive preserve of those with money and power). In theory they have elected representatives that understand these changes as necessary to do what is in their best interest. This is not happening because we do not have the leadership or the political structure to get it done. Their role as sovereign people comes with a referendum after Congress has crafted the desired amendments.

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Let’s suppose for a moment that the consultations did come up with their list for constitutional amendments.

What happens next?

As far as I remember the committee on constitutional amendments during the 14th Congress voted for the changes as well as the funds to carry it out. When it was ready for plenary debate, it was shelved. Speaker Nograles said the economic reforms might be considered but the May 10 election was already upon us. And that is what happened to constitutional amendments in the 14th Congress.

Do you think that it will be any different in the 15th Congress? I wish I could be optimistic. Chairman Ocampos said he hopes to finish the consultations by September before 2013. But what about the Senate that has said again and again that it has to be debated and voted upon by both the Senate and the Lower Chamber. The Senate has a different interpretation of the amendment provisions of the Constitution. Because it is silent whether by Congress is meant both the Senate and the Lower House debating and voting jointly or separately.

That is the stumbling block apart from political illiteracy - the different interpretations of the Constitution’s provision on amendments. As for a People’s Initiative millions of signatures all over the country, forget it. That is where we are now.

“If we miss the Constitutional amendments this year, maybe we can forget about it. Every time we discuss Cha-cha on an election year, confidence level will go down. We have to move fast this year,” he said.

Eastern Samar Rep. Ben Evardone filed last January a bill to amend the 1987 Constitution, saying now is the best time for Cha-cha because President Benigno S. Aquino III has vowed not to run for any elective post in 2016. That does not translate into anything in terms of getting the Chief Executive to push for the changes.

In fact Palace sources said he is not convinced that the amendments are needed and the congressmen say so. ”Frankly, we will also like to see the signal of Malacanang. Everybody has to be on-board, otherwise we will go nowhere,” he said.

So what are the consultations for? It is my opinion that we are in an impossible situation where we cannot amend the Constitution unless it is amended first. Which way do we go?