Federalism 101
FEDERALISM is not really new to us as history would show that ancient Filipinos had organized their social life in small communities and clans. But of course this had been superimposed with four and a half centuries of Spanish and American colonization. Although there has been some initiatives in introducing the federal structure, it was not until the election of President-elect Duterte when people began to look at this type of structural change in our government more seriously.
This is an effort to contribute to a pre-Constitutional Convention discussion which we hope could be informally taken up in the media and various forums.
This idea of change to a federal structure was introduced by a small group at the 1986 Constitutional Commission but it was deemed premature when consultations with the people showed that a majority preferred the presidential system. Today, a political party with members like former UP President Jose Abueva, and Rey Magno Teves keeps the idea alive. There is, of course, the PDP-Laban with party stalwarts like former Senator Nene Pimentel and son Senator Koko who have continued to espouse federalism, saying it offers the best solution to goals of achieving improved governance with less corruption, peace and stability, and enhance our ability to participate in the global economy.
Most federal states have focused on “territorial” or spatial concerns and not much on common interests or identity. But some have shown how the principle of “divided and shared” rule has been able to address the challenge of cultural diversity. This is what the years spent in drafting the Comprehensive Agreement on the Bangsamoro. In preparing the framework for a Philippine-style form of federalism, it might be worthwhile to use the BBL as a model rather than discard it all together. The CAB and the BBL as we know already tackled at length principles beyond territorial sharing with focus on issues such as asymmetric sharing of power, subsidiarity, balanced equality, balance (gender and ethnic), and confidence-building measures in a post-conflict territory. But some of the experiences of the older federal states may also be of help in preparing our own framework.
Among some of the known advantages of federalism/parliamentary system are: • Sharing of power. • Promotes self-rule. • Promotes subsidiarity (empowerment of the smaller states and communities).
• Able to reflect and promote cultural interests and diversity.
• Commitment to balanced equality in political and financial power.
• A safeguard to peace and stability.
• Plays a constructive role in the democratization process such as in Germany and speeds as well decentralization of decision-making.
But there are disadvantages such as:
• A sefl-rule state may not always be in society’s best interests.
• The smaller the political unit, the higher the probability that it will be dominated by a single political group (or political dynasty).
• Poses danger that national powers will be expanded at the expense of the regions or provinces.
• Danger that powerful local states and interests can block the progress and impede national plans.
• Federalism lacks uniformity of state or regional laws which can complicate business transactions.
• Difficulty of coordinating policies at national, state, and local levels. Regulation of business by all levels create considerable red tape that impose costs on the business community.
Although the national government holds ultimate power, concurrent powers can be exercised in both national and state levels.
Among the powers of central government are that of foreign relations (establish treaties), monetary (coining money), regulate interstate commerce, declare war, support military, establish courts interior to the Supreme Court, establish post offices, admit new states.
Concurrent powers include power to levy and collect taxes, borrow money, make and enforce laws, establish Courts, charter bands and corporations, and provide for general welfare.
The powers of the States include the regulation of intrastate commerce, conduct elections, provide public health, safety, establish local governance mechanisms, ratify amendments to the Constitution, and establish state militia.
These powers are found in the structures of the older federal states like the US or Canada and can be amended/ customized according to the country’s cultural and political orientation.
Some of the older federated states like the US started as early as the 1800’s; However, many adopted the system only after World War II or later. These include Germany, Brazil, South Africa, Pakistan, Spain, Venezuela, Sri Lanka, Sudan, Canada, Russia, Nigeria, Malaysia, Ethiopia, India, Bosnia & Herzegovina, Belgium, Australia, Austria, Argentina, Serbia, Mexico, United Arab Republic, the Switzerland, No. Ireland and the Micronesian states.
We have to admit that we perhaps face greater challenges than others because of the prevailing culture of dominance by political dynasties. Too, our income inequality ranking is one of the highest in Asia. Thus, the goal of achieving balanced fiscal systems and well as equity in power-sharing must be confronted in future constitutional change. Presumptive President Duterte and his advisers could focus on critical prerequisites such as balancing budgets, tax reforms, training and nonformal education to reorient our bureaucracy towards what authentic sharing of power means. Revival and strengthening of cooperatives and similar structures which would develop needed attitudes to sustain value changes.