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Showing posts with label referendum. Show all posts
Showing posts with label referendum. Show all posts

Sunday, March 9, 2014

America’s duplicity

 
 
The current crisis in Ukraine, or more particularly in the Crimean peninsula, has become a conundrum that is both as old and as new as the issue of self-determination. To the United States and Europe, Crimea is but a smokescreen for Russian invasion.
 
Sevastopol in Crimea is home to Russia’s Black Sea Fleet since 1783, thus emphasizing the great strategic military value of the peninsula to the Russians. Crimea has also strong historical and ethnic ties to Russia or to the old Soviet Union before Khrushchev gave it up to Ukraine, and its population predominantly speak Russian as their language.
The Black Sea and Sevastopol, home of the Russian Black Sea Fleet. Photo courtesy of
Wikimedia.
Now the pro-Russian regional Parliament in Crimea has voted to hold a referendum on whether to secede from Ukraine and become part of the Russian Federation, a decision immediately condemned by the United States and Europe as a violation of the constitution of Ukraine and international law. Ignoring sanctions like suspension of negotiations on wide-ranging political-economic issues, travel bans, asset seizures and cancellation of a planned E.U.-Russia summit meeting, Russia appears to be tightening its grip over Crimea and testing the political will of the West, especially the United States.
 
Whether the proposed referendum has legal grounds is certainly problematic even though Article 73 of the Ukrainian constitution provides that altering the territory of Ukraine must be resolved exclusively by an All-Ukrainian referendum. Reality is not merely a cut-and-dried constitutional issue. Attempts toward secession in other countries have shown that it also requires recognition by other states and a form of negotiation between the seceding territory and the central government.
 
For instance, on the issue of Quebec’s referendum for secession in 1998, the Supreme Court of Canada ruled that neither the Quebec government nor its legislature has the legal right under Canadian constitutional law or under international law to unilaterally secede from Canada. The court however emphasized that the rest of Canada would have a political obligation to negotiate Quebec’s separation if a clear majority of that province’s population voted in favour of it. This has reinforced the belief of the separatist Parti Quebecois that the people of Quebec have a legitimate aspiration for independence based on the authority of a mandate from the people. Although Quebec’s secession from Canada did not materialize when the Parti Quebecois lost in the referendum, the dream of an independent Quebec continues.
 
Scotland is also voting for independence from the United Kingdom in September 2014. The British government has agreed to hold the referendum and the prospect of a separate Scotland is already dividing many citizens in the UK. In the Philippines, the proposed Bangsamoro nation that was brokered by the Aquino administration with the Moro Islamic Liberation Front (MILF) is about to be tabled in Congress despite attempts by renegade groups like the Moro National Liberation Front (MNLF) and the Bangsamoro Islamic Freedom Fighters (BIFF) to derail the peace process. The Bangsamoro framework agreement entails carving out an autonomous region for Filipino Muslims in Mindanao that will alter the entire breadth of the Philippine territory. There are those who argue that this is only possible by amending the Constitution. Consider, too, that the referendum to ratify the Bangsamoro law is at least about two years away.
 
While Crimea is an autonomous republic in Ukraine, with its own powers under the Ukrainian constitution, its secession could depend not necessarily on the legal provisions of the national constitution, but also on the mandate of its people as determined through a popular referendum. The United States and Europe could raise their objection on whatever legal or moral grounds but in the end it is the people of Crimea who will decide their fate.
A rally backing Russia in Sevastopol in Crimea. Photo by Viktor Drachev/
Agence-France-Presse--Getty Images.
Instead of conducting the Crimean referendum under duress of Russian military occupation, Russia’s willingness to negotiate with the Ukrainian parliament for a genuine referendum could probably soften Crimea’s impending secession. Just like in the Quebec secession where the Canadian Supreme Court for the first time introduced the concept of a constitutional duty to negotiate, absent any provision in the Constitution or in international law authorizing secession by a part or territory of a state. Or as in the ongoing negotiations between the Philippine government and the MILF for a separate Bangsamoro government, which ultimately aims to establish a separate state within an existing state. In the final analysis, whatever the Crimean people choose—whether to secede from Ukraine or join the Russian Federation—must be respected. Of course, this is easier said than done.
 
The trouble with the United States and Europe which have denounced the legality of the Crimea referendum is their inconsistency and double-standard policy when it comes to the struggle for self-determination of countries or states not belonging to their political bloc.

In 1999, the United States supported Kosovo’s bid for secession from Serbia while Moscow saw it as an infringement of Serbia’s sovereignty. Kosovo ultimately gained independence in 2008.

Now 15 years later, the US and Russia are at odds again, but they have switched sides. Russia supports Crimea’s right to break off from Ukraine while the United States calls it illegitimate, a showdown that revives a long-drawn debate over the right of self-determination versus the territorial integrity of nation-states.

Former Ukrainian President Viktor Yanukovych, who was duly elected, was ousted by a coup. No matter how you describe it, it was a demonstration supported by the West as a protest against a pro-Russian dictator. Yanukovych was seen as anti-Europe when he abandoned a trade agreement with the European Union. After fleeing Kiev and showing up in Moscow seeking help from Russian President Vladimir Putin, Russian troops took over Crimea on the pretext that they were protecting Russian interests in the region.
 
This double-standard policy was evident during the crises in Tunisia, Egypt and Libya. The United States supported the public demonstrations and protests against the corrupt and repressive governments of these countries only to cuddle the succeeding regimes which are equally repressive and even more corrupt. American foreign policy plays favourites with repressive and not-so-democratic countries like Pakistan by pouring in millions of dollars in military assistance to fight the Taliban, yet it condemns repression in Iran and North Korea which happen to fall outside its circle of allies.
 
Duality or duplicity in American foreign relations was already evident two hundred years ago when the US forced Spain to agree to a treaty that extended American frontiers. Yet, John Quincy Adams who helped draft the Monroe Doctrine said: “We are friends of liberty all over the world, but we do not go abroad in search for monsters to destroy.” Exactly what the Americans are doing now in Ukraine, in the never-ending Middle East conflict, and in the simmering dispute between China and its neighbours over some islands and rock formations on the China Sea.
 
The United States has used the Monroe Doctrine in authorizing intervention against aggression by other countries, yet at the same time the doctrine espoused neither interference nor meddling in the internal concerns of other countries. The Iraq invasion and the Gulf War are recent examples of the application of the Monroe Doctrine with a little tweak—by involving the support of American allies. Afghanistan’s invasion could also qualify under the umbrella of the Monroe Doctrine except that it was a response to the war on terror, a new twist in justifying American intervention.
 
Last November 2013, US Secretary of State John Kerry told the Organization of American States (OAS) that that the Monroe Doctrine was dead. Not really true. While Kerry was apparently calling for mutual partnership with other countries in the Americas, it was essentially in keeping with Monroe’s initial message than with the policies the US government had enacted long after Monroe’s death. Noam Chomsky called the Monroe Doctrine as America’s endearing rationale for declaring hegemony and the right of unilateral intervention all at the same time.
 
Crimea’s future has already been sealed. It will eventually join the Russian Federation despite censure from Ukraine, the United States and its allies in Europe. Sanctions against Russia will probably intensify but in the end will not matter much.
 
Vladimir Putin and the Russian Army are marching ahead towards gradual partitioning of the countries that used to be satellites of the old Soviet regime and picking up one territory after another. Will Putin be able to restore Russia’s superpower status which it lost during the end of the Cold War in the 1990s?
 
It’s still too early to say. The Crimean crisis or the ongoing disputes among other countries elsewhere in the world, however, clearly indicate that at the heart of all these tensions is a much broader conflict. It is not about the quarrel between the smaller protagonists, i.e., between Crimea and Ukraine, or Bangsamoro and the Philippine national government, or between those for or against Scottish independence.
 
This could be what Samuel Huntington called the emergence of a “multipolar” world, where the United States hangs on as the only superpower but must now come to terms with other regional powers who resent interference in their own spheres of influence, whether by the United States alone or with its coalition of the willing.

Wednesday, January 9, 2013

Philippine politics: All in the family

 
 
Sometime ago, an article in The Economist posed an interesting query that is so relevant to the politics of our times: “Is politics in the blood, or in the genes?”
 
Every country in the world has its share of political dynasties, but political families in the Philippines are an anomaly in this age of meritocracy. Instead of a system that gives opportunities and advantages to people on the basis of their ability and achievement, the ascendancy of political families in the Philippines is purely motivated by blood relations and the instinct for self-preservation once they have secured elective offices. Elective positions in government have found their way into the family’s gene pool, as if children of elected politicians have the putative right of succession.
President Benigno "Noynoy" Aquino III follows the legacy of his parents,  Senator
Benigno "Ninoy" Aquino III and President Corazon Cojuangco-Aquino. Photo courtesy
of rickysy. Click link  http://www.youtube.com/watch?v=v-TrkbyIHWE to view
Noynoy Aquino's acceptance speech to run as president of the Philippines in 2010.
Of course, the undertow in the blood compact among members of these families is their privileged economic status. Most political families in the Philippines belong to the propertied class. They own vast agricultural lands and thriving businesses. They are members of the elite, the ilustrados, the rich and the educated. It was no historical accident that the Spanish colonizers favoured these families by appointing them to political positions like the gobernadorcillo or the alcalde mayor whose jobs were primarily to collect taxes and tributes from the people.
 
When the U.S. colonized the Philippines at the turn of the 20th century, they took these ilustrados under their wings and trained them for the practical affairs of popular government. The first American civil governor of the islands, William Howard Taft, believed that the rudiments of self-government would easily be transferable to these ilustrados, the oligarchic elite, because of their social and economic status. So, it was the fault of the American colonizers that spawned the political dynasties we have now.
 
A new political system was imposed by the Americans but they did not change the Filipino social structure which allowed the oligarchic elite to gain and preserve its political power. During this period, family names such as Cojuangcos, Lopezes, Marcoses, OsmeƱas and Aquinos became household names.
 
Taft’s idea of letting society’s affluent members constitute the Philippine Assembly in 1907 and Congress in the ensuing years resulted in the formation and circulation of elites that perpetuated their hold on political offices. A truly representative democracy failed to flourish, shattering the hopes that the country would now be able to draw upon all classes in Philippine society in electing public officials.
 
As oligarchic as the government officialdom was in its early years, today it is not that all different. Nothing has changed. With the enactment of term limits, political dynasties have become even more entrenched as family members simply rotate among themselves the opportunity to hold public office. As Brian Fegan, an American anthropologist would later describe in his book An Anarchy of Families, the Filipino family is the most enduring political unit in Philippine society. The transfer of power among family members is now considered normal and natural in order to preserve political continuity.
 
Take the Aquino family of Tarlac, for example. From 1928 until 20o7, there have been five senators from the Aquino family, which does not include the family’s patriarch, Servillano “Manong” Aquino who served as a delegate to the Malolos Congress. The first senator in the family, Benigno Aquino Sr., served as Speaker of the National Assembly from 1943 to 1944. Ninoy Aquino (Benigno Jr.), elected senator in 1968, was gunned down by his political enemies in 1983 upon his return from exile in the United States. His younger brother and sister, Agapito and Teresita, were elected as senators in 1986 and 1998, respectively. Noynoy Aquino (Benigno III), Ninoy’s son, was elected senator in 2007 and his term was cut short when he ran for President of the Philippines in 2010. The family has also produced two presidents, Corazon “Cory” Aquino, Ninoy’s widow and their son, Noynoy, the current Malacanang occupant.
 
Now, there is a new and rising bright star of the Aquino dynasty, 2013 senatorial aspirant Benigno “Bam” Aquino IV. Only 36 years old and the youngest candidate in the May 2013 elections, Bam is not shy of his affinity to the Aquino lineage of senators. His father, Paul Aquino, is Ninoy Aquino’s youngest brother who managed Cory Aquino’s snap election that catapulted her to the presidency after the Edsa People Power Revolution in 1986.
 
When asked about his powerful political connections, the young Bam Aquino answered without hesitation: “If people like me are willing to serve, we shouldn’t just stay on the sidelines.” He would be the sixth Aquino family member in the Senate, if elected. Bam Aquino was also alluded to have said in the past that Aquinos don’t have to become President whenever the country is in a political crisis. At this very early stage in his political career, there is already a foreboding sign of what Bam Aquino really hopes to be in the future.
 
Rep. Joseph Victor “JV” Ejercito echoed Bam Aquino’s reply to the political dynasty reference when he said that this issue is only invoked by opposing candidates who feared they have no track record to run on. According to JV, anyone who has a distinguished public service track record can win over a member of the so-called political dynasty. Running for senator in this coming May 2013 elections, JV is not ashamed of his familial ties to his father, former senator and President Joseph “Erap” Estrada, with his father’s wife, former senator Luisa Pimentel Estrada, half-brother and currently sitting senator, Jose “Jinggoy” Estrada, and with his mother, Erap’s paramour, Guia Gomez, currently mayor of San Juan City.
Former President  and Senator Joseph "Erap" Estrada who is running for mayor of
Manila with his sons, Senator Jose  Jinggoy" Estrada, left, and Rep. Jose Victor "JV"
 Estrada, 2013 senatorial aspirant, right. Photo courtesy of AFP. Click link to view
"http://www.youtube.com/watch?v=1cqWT2SGlCM Erap crack a joke about the
 criticism that he was not a "Manilan."
“I cannot help it if the Ejercito-Estrada clan has chalked up a long list of accomplishments in government service, which makes the public appreciative of its members. I have nothing to be ashamed of. In fact, I'm proud to carry the name,” JV said.
 
Members of the family of the late and infamous President Ferdinand Marcos have also regained the clan’s former political foothold. The Marcos family shows that holding public office among family members easily trumps the term limits enacted by Congress. Political dynasties are more anomalously prevalent in the local level. Like playing musical chairs, family members of political dynasties in the provinces and towns simply rotate the opportunity to hold public office among themselves when the term of one family member expires.
 
Although the 1987 Philippine Constitution prohibits political dynasties, Congress has not enacted the enabling law needed to implement this constitutional prohibition. There have been pending bills in Congress that either define the scope of a family dynasty or limit the election of family members to public office within the second degree of consanguinity or affiliation. The proposals in Congress, however, only intend to cover local level elective offices and not those on the national level, which only fuels the skepticism on whether Congress would realistically pass any legislation prohibiting political dynasties because it will be contrary to their natural inclination for survival and self-preservation.
 
However, until an anti-political dynasty law is passed, a scenario which may not possibly see the light of day, there should be other alternatives through which the people can be included in the political process. In 1989, Congress has passed Republic Act No. 6735, “The Initiative and Referendum Act,” which empowers the people to directly propose amendments to the Constitution, and to enact laws, ordinances or resolutions, through a system of initiative and referendum. The Ang Kapatiran Party (AKP) has already petitioned the Commission on Elections (Comelec) to prescribe the form of a petition for a people’s initiative for the enactment of an Anti-Dynasty Act in accordance with the Initiative and Referendum Act. To date, however, the Comelec is either taking so long or purposely refusing to act on the AKP petition.
 
The system of initiative and referendum has been a popular tool in advanced democracies in enabling the people to directly enact legislation, especially on issues that are quite urgent but unpopular and controversial, or issues some may find radical in nature. Several states in the United States, for example, have passed through their respective referenda laws allowing same-sex marriage and the use of marijuana. Plebiscites are another form of alternative political method of expressing the voters’ will on matters that are vital to them and to the nation.
 
R.A. 6735 requires that a certain percentage of the total number of registered voters in a legislative district must sign any petition to enact and approve a law, or to initiate amendments to the Constitution. This is equivalent to a direct political empowerment of the voters instead of waiting for Congress that seems uninterested in passing an anti-political dynasty law. Except that the major stumbling block at present is the continuing failure of Comelec, supposedly an independent constitutional commission, to prescribe the necessary petition forms to proceed with the initiative.
 
While Comelec continues to delay or neglect to act on the people’s initiative for an anti-political dynasty law, there is one concrete and immediate political action the Filipino people can pledge to do in the coming May 2013 elections. By simply rejecting a candidate whose surname is the same as or related to an incumbent elected official, the voting public can send a message that political dynasties must end now. Beyond that, the Filipino people must persevere in their effort to enact an anti-political dynasty law by people's initiative or referendum, not to trust Congress to pass such law, and in exploring alternative political spaces for engagement and inclusion in the political process.
 
Since political power is also closely linked with economic power, there is no denying that political dynasties corrupt the political structure and restrict the liberating potential of the democratic process. The Filipino people can no longer allow the anomalous concentration of political power in the hands of a few notable families, and by rejecting candidates from these families in the forthcoming May elections, they would signal the beginning of the end to political dynasties.

PLEASE VIEW AND SIGN PETITION "POLITICAL DYNASTIES MUST END NOW" AT:
http://www.change.org/petitions/end-political-dynasties-now