Many other lands revising Charters

By Jarius Bondoc

(taken from http://www.sigawngbayan.com/042006/pages/columns_bondoc_0707.htm)

Insular Filipinos see domestic events as unique only to the islands. Unnoticed by them, for one, is that many other countries are revising their constitutions to suit changing times. Global Filipinos—10 million or so overseas workers and emigrants—are not myopic. So they observe charter changes in other lands as similar to the objectives in the Philippines: freer economy, abler government, and greater autonomy.

Yemen lifted economic restrictions in its Constitution in 2001. Among the major amendments was a proviso that “the state shall oversee foreign trade and promote internal trade and investment”—often narrowly interpreted to shield inept local businesses, to the loss of investments and, consequently, employment. Rewritten as “the state shall oversee freedom of trade, encourage competition and protect investment,” Yemen then passed enabling laws that drew foreign investors and eased joblessness.

Taiwan last year began discussing constitutional re-engineering in the wake of public fatigue over partisan disputes and legislative gridlock. President Chen Shuibian unveiled in August a two-phase revision, the first aimed at clean and efficient government, and the second at international competitiveness.

German legislators last week rewrote the country’s post-war charter to refine its federal system, among others. Pushed by Chancellor Angela Merkel, the bicameral parliament voted jointly to hand more authority to the 16 regional states over health, education and environment programs. Surpassing the required two-thirds majority, 448 of 614 legislators passed 24 other major revisions—seen as a boost to modernization. The Bundesrat, or upper house, had often blocked or watered down reforms, most recently in 2003 concerning the Agenda of then-chancellor Gerhard Schroder. Consequent agitation for abolition of the Bundestag tamed some members and inspired voters to elect known reformists.

In Bolivia, plans are underway to elect a 255-member constitutional convention. Radical socialist President Evo Morales is hoping such a body would pass his package of political reforms, including land redistribution, legislative efficiency, and local autonomy as demanded by the fertile Sta. Cruz region. The convention has been given only a year to review the charter because deemed overdue.

All this sound so like present talks in the Philippines for charter changes. The Advocacy Commission’s main message is to delete seven provisos hostile to investors, and so wipe out poverty via employment. It then aims to protect these economic gains with a stabler political system: a unicameral parliament balanced by full regional autonomy. Oddly, there are similarities even in terms. The Bolivian constitutional convention is called Constituent Assembly, which in the Philippines means amending by the legislature, as what happened in Germany.

There are other reasons for constitutional amending in still more countries. One is the global tide of democrization, about which Yemen president Ali Abdullah Saleh counseled fellow Arab leaders two years ago. “Trim your hair now,” he warned, “or some one will shave it for you.” Saleh set the example with general elections and gender equality guaranteed as basic constitutional rights. Soon after, Qatar, Kuwait and Saudi Arabia followed suit with municipal election and, in the case of the latter, suffrage for women beginning last month.

In Japan, the birth of a baby girl to Crown Prince Naruhito and Princess Masako has reignited debate whether a woman may occupy the Chrysanthemum Throne. Japan’s constitution forbids women from ruling as emperor, but under such rule, the imperial line of succession would end with Naruhito or his brother Prince Akishino. Neither has so far fathered a male heir. Prime Minister Junichiro Koizumi has voiced reluctance to amend the fundamental law, but women have ruled before and at least one senior politician, Chief Cabinet Secretary Yasuo Fokuda, has said he would support rewriting for a female emperor.

In America, flag burning has incited both houses of Congress to debate a section that would protect Old Glory from protest fires. The federal Supreme Court had ruled in 1989, and again in 1990, that the torching Stars and Stripes is a form of free expression—an inviolable right. But relenting to lobby by a Citizens Flag Alliance, the House of Representatives passed the amendment 286-130. To be ratified, it needs two-thirds vote in the Senate, and then win support of at least 38 out of 50 state legislatures.

The US amendment, the 27th in the 219 years if it passes, has a long way to go. There is a prevalent feeling among Americans, shared by the Filipino elite for historical reasons, that a constitution is an immutable, sacrosanct document never to be touched. And yet Jefferson had warned against such thoughtless faith as tantamount to letting the dead rule over the living.

Taiwan, whose form of government like the Philippines’ copied America’s, is also faltering in the amending process. Opposition leaders acknowledge that the political and economic reforms are urgent, but nonetheless are blocking these because they happen to be President Chen’s initiative. It’s unclear who is aping whom. But like in the Philippines, foes of constitutional reform in Taiwan are resorting to name calling, partisan scheming, and political trickery.

Too bad reform is so slow in RP, which is why it has been left behind. Thailand lifted economic restrictions a decade ago; comparing economic vigor, the Thai baht is far stronger than the peso although they used to be at par in 1996. Parliaments react at the first sign of crisis instead of prolonging the agony, just like in Netherlands where a public furor caused by the immigration deputy forced the dissolution of the entire cabinet. Spain last month stepped farther into federalism when Catalonia voted to be the third of 15 regions to be autonomous. In RP, meanwhile, a small town mayor is preventing election officers to verify signatures in a grassroots initiative. It’s the anti-reform that probably makes Philippine events unique after all. (The Philippine Star, 07/07/06)