Christian Monsod: Shift to federalism not necessary

The plan to ammend the Constitution and shift to a federal form of government are not necessary, said one of the framers of the 1987 Constitution.

In his speech during the two-day “Global Autonomy, Governance and Federalism” forum in Makati City on Thursday, lawyer Christian Monsod asked, “Is the shift to federalism timely, relevant and necessary? My answer is no.”

He further asked, “Do we need federalism to pass a new Bangsamoro Basic Bill? Or to forge a peace agreement with the NDF (National Democratic Front)? I don’t think so.”

The NDF is the political arm of the Communist Party of the Philippines, with which the Duterte administration has engaged in peace talks.

Monsod said the “everyday concerns” of ordinary people — such as criminality, corruption, illegal drugs, and the traffic problem — can be addressed with the powers of the present unitary form of government under the present Constitution.

He noted that many of the country's problems are being attributed to the supposed weaknesses of the Constitution and the current form of government.

However, Monsod said these problems should not be attributed to the Constitution but to the failure to implement it.

“I believe that we have failed not because of the Constitution, but because we have not fully implemented it, especially the provisions on social justice, the heart of the Constitution, and on local autonomy. The Constitution is not the problem, it is part of the solution,” Monsod said.

“The choice is not between federalism and continued mass poverty and inequality. This is a false dilemma,” he said.

Monsod noted that there have been six previous attempts to change the 1987 Constitution, that was approved by a majority vote of 76 percent in a national plebiscite.

“They all failed – two were stopped by the Supreme Court, four were withdrawn because the articulated purposes were perceived as mere smokescreeen to serve personal agendas — more power and/or more money for themselves,” he added.

“Imperial Manila”

Monsod also noted how President Rodrigo Duterte blames problems of governance on “imperial Manila” or the national government with its central control of powers and resources.

For Duterte, the solution to addressing the problems of a Manila-centric government is federalism.

Monsod said, “He is in a rush to implement it in two years through a constituent assembly by which time he says he is willing to step down, with his legacy in place.”

However, Monsod doubts that Duterte will be leaving the presidency soon.

“He [Duterte] has also talked about shifting to a parliamentary system, changing the limitations on foreign ownership, the need for martial powers to address lawlessness, and special powers to address the traffic problem. His moves are not those of someone who is thinking of stepping down soon,” Monsod said.

Problems of federalism

According to Monsod, instead of pursuing federalism, the government should focus on a "purposive implementation" of the Constitution.

He said "federalism works best when flexible to changing circumstances. But a constitutional shift that not only devolves but also recognizes the sovereignty of the federated regions means that it cannot be changed solely by popular vote and makes the shift virtually irreversible."

"Federalism is a slippery-slope and is virtually irreversible. Instead, why don’t we take the path of a purposive implementation of the Constitution to address the twin problems of poverty and inequality?" Monsod asked.

He noted that federalism may not solve all of a country's existing challenges, adding that the process of federalization is complex and "needs a long transition period."

Monsod noted that "since federalism reflects the history, socio-political, economic and cultural characteristics of its context and there are existing inequalities, it tends to serve the interest of existing dominant groups in the federated states."

"Federalization may not lead just to unifying communities, but to their unraveling because self-determination has its domino effect, such as the existence of minorities within a minority," he said.

Monsod also said, "President Duterte’s heart is for the poor and he is good at addressing the everyday concerns of the people. But critical thinking on strategies, policies and programs for development is not exactly his expertise."

He noted that Duterte seems to be "in a hurry to make far-reaching structural changes in the Constitution," asking the public to trust him completely about the issue. 

"This is dangerous demagoguery. And raises the question: is federalism also a trojan horse for other agenda? It is time for us to think more deeply about our future," Monsod said. — BAP, GMA News