American Government Federalism

7/24/2019 American Government Federalism

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I. Introduction

As we all know, Federalism is a form of government in which sovereignty is

constitutionally divided between a central governing authority and constituent political units.

Federalism is the system in which the power to govern is shared between the national & stategovernments, creating what is called a federation, one where, the local government is

autonomous from the national or central government. We face major issues today including the

shift to federalism and some people are beginning to embrace the idea of federal system. But the

uestion is! Federalism is a shift for what and a shift for whom" Will federalism work for the

#hilippines" $s it necessary today"

%he #hilippine geography makes travel and communication difficult, time consuming

and costly. 'omposed of several islands, the highly centrali(ed unitary form of government isineffective in dealing with contingencies in far flung parts of the country. %he administration and

power is concentrated in )anila which results to ine uitable development among the different

regions. *evelopment is ine uitable and stunted because there is difficulty in reaching and

responding to the needs of remote areas. *ecentrali(ation was seen as a response to this dilemma

in governance. $t will help in the development of the nation by bringing the government closer to

the people through administrative de concentration and political devolution. $t has been reasoned

that this strategy will facilitate faster delivery of needed basic services and promote participatory

governance. With this underlying rational for decentrali(ation, the country has witness various

legislations and strategies enacted and introduced to further local autonomy and promote good

governance. +ne of the landmark legislations is the ocal -overnment 'ode of // which has

been functioning for over a decade now. 0ecently, some scholars, politicians and e1perts are

looking into the federal option as the ne1t step for #hilippine governance. %here are undergoing

discussions, not only in the #hilippines but in other Asian countries as well, on adopting the

federal system. 2ome argued that federalism is the ne1t logical step after devolution. $n the

#hilippines, advocates of federalism believe that the structure of the federal system wouldrespond to the geographical obstacle and differences caused by cultural diversity on governance

because it allows fragmentation while at the same time promoting national interest. $t is also

claimed that the federal structure will accelerate the country3s development and end the internal

conflicts brought by separatist movements in )indanao.

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%he first section of the paper provides an overview of decentrali(ation and federalism in

the #hilippines. %he second part discusses federalism as the ne1t step for the #hilippine politico

administrative system. %he last part discusses some issues and concerns that the #hilippines

should address vis 4 vis adopting a federal structure of government.

II. Federalism in the Philippines

%he past decades has witnessed an increasing interest in federalism from around the globe.

#rofessor 0onald Watts 567768 of 9ueen3s :niversity 'anada on the $nternational 'onference on

Federalism held at 2wit(erland this year noticed, ;#olitical leaders, leading intellectuals and even

some journalist increasingly speak of federalism as a healthy, liberating and positive form of

organi(ation. Belgium, 2pain, 2outh Africa, $taly and the :nited <ingdom appear to be emerging

towards new innovative federal forms, and in a number of other countries some considerationhas been given to the efficacy of incorporating some federal features, although not necessarily all

the characteristics of a full fledged federation.= >e mentioned that federalism provides a

constitutional organi(ation that allows action by a shared government for certain common

purposes while permitting for autonomous action by constituent units of government for

purposes that relate to preserving their distinctiveness, with each level directly responsible to its

electorate. >e also cited three major lessons from the various e1periences on federalism since

/?@!

“First, federal political systems do provide a practical way of combining, through

representative institutions, the benefits of unity and diversity, but they are no panacea for all of

humanity’s political ills. Second, the degree to which a federal political system can be effective

will depend upon the extent to which there is acceptance of the need to respect constitutional

norms and structures and upon an emphasis on the spirit of tolerance and compromise, Third,

effectiveness also depends upon whether the particular form or variant of federal system that is

adopted or evolved gives adequate expression to the demands and requirements of the particular society in question.

A federal government would enable the needs of a nation to be achieved while providing a

space for diversity. As a phrase goes, it provides ;unity in diversity=. %he federal structure

devises a fle1ible arrangement for varying forms of self government to suit different

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circumstances and contingencies. >istory would show us several countries that used federalism

in dealing with diversity. $n 2wit(erland and 'anada for instance, the adoption of federalism

was, to some e1tent, a result of a need to accommodate diverse communities. After World War 6,

$ndia, )alaysia and igeria used the federal mechanism to settle ethnic diversity. #akistan also

used the federal design to manage ethno national diversity after it emerged as an independent

state.

$n the #hilippines, some scholars, politicians and e1perts have been discussing the prospects

of federalism as an approach to #hilippine governance. #olitical scientist ose Abueva, for

instance, espouses a transformation of the e1isting decentrali(ed unitary system to a federal

system by 67 7. >e proposes that the transition to a federal state be done in two phases in a span

of ten years starting 6777 to 67 7 to allow for a careful e1amination of proposed constitutional

changes, discussions and e1changes of ideas throughout the nation, and acting on the changes

together as a whole. %he ten year period will also prepare the nation for such a change in the

political system. %he first phase, according to him, will re uire the amalgamation of the e1isting

? administrative regions plus the Autonomous 0egion of )uslim )indanao 5A0))8 into

larger administrative regions and granting them more substantial regional and local autonomy.

%his process that he calls ;regionali(ation= should continue until 677/ 67 7. %he second phase

will be the constitutional amendments or revisions to institute a federal system as well as other

reforms that will be drafted and completed in 677C 677/. %he ratification will be done in a

plebiscite to be held in 677/. >e envisages the amended or revised constitution to take effect in

67 7. >e also identified measures that should be taken in preparation for the transformation!

“!eanwhile we have to accelerate the process of government decentrali"ation under the #$%&

'onstitution both ways( by de)concentrating national government administration to the regional

centers and by devolving more national government functions to the local government units

through continuing amendments to the *ocal +overnment 'ode of #$$#. t the same time, we

have to reorient our people- towards greater self)reliance and responsibility through local

governance and development, including developing their capacity to raise more local revenues

and generate funding for local development, and to attract investments.

%his political transformation is hoped to end the deeply rooted stifling centrali(ed unitary

structure in earlier administrations. 2till uestions continue to persist regarding the proposal of

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adopting a federal system of governance in lieu of the present unitary form. Why should the

present unitary system of government be changed into a federal system" $s it a panacea for the

recurring )oro uprisings in central and southwestern )indanao" Would it hasten the

development of the country" %hese are some of those uestions.

2enator A uilino #imentel, a major proponent of the move to adopt a federal system of

government, in a primer presented at the annual convention of the $ntegrated Bar of the

#hilippines at %acloban 'ity last April 6776 identified two main reasons why the federal system

is better than the present unitary system. According to him the federal system has the structures

needed to! a8 hasten the economic development among the various regions of the country by

allocating power which at present is concentrated in the central government to the regions that

will be converted to federal states. %he devolved powers will allow the federal states to mobili(e

their resources for development without being hindered or controlled by the central governmentD

and b8 dissipate the causes of the recurrent armed )oro challenges against the government and,

thereby, lay the basis for a just and lasting peace in 'entral and 2outhwestern )indanao.

$t has been recogni(ed that federalism is not a panacea for solving all governance

problems. >owever, it will improve #hilippine governance. As mentioned earlier, the structure of

a federal government will empower the people and accelerate the country3s development. $ am

personally for federalism, it is not a perfect form of government so $ think there should be

consultations and information dissemination in the community level so that the people can make

their choice.

%he federal states to be created would be! orthern u(on, 'entral u(on, 2outhern

%agalog, Bicol, )inparom5)indoro, #alawan, 0omblon8, Eastern isayas, 'entral isayas,

Western isayas, orthern )indanao, 2outhern )indanao, and the 2tate of Bangsamoro.

%he decentrali(ation of power will hopefully bring the much needed development to the

#hilippine countryside. ocal leaders will now have more access to local resources whereas in

the current system, those who are close to the administration are favored with the use of the

country3s resources. %he proponents also hoped that this system of government will be the

solution to the insurgency problem especially in )indanao. $ personally doubt this last sentence

but let3s not close our doors to federalism.

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$t3s not the answer to all our woes but $ think the federal system will be less prone to abuse.

Although, it is still the kind of people in position who will determines the fate of a province or

region. o matter what kind of system we have if the politicians who will be in position are

corrupt, you will still get a corrupt government. $f the move for 'harter 'hange is just a ploy to

make something unconstitutional like the Bangsamoro uridical Entity legal then we should be

greatly concerned. et3s all be vigilant since a 'harter 'hange may be used by those in power for

their own selfish advantage.

III. Issues and Concerns

%he #hilippine politico administrative system is replete with e1amples of tensions between a

highly centrali(ed governmental structure and the demands for autonomy among the various

component local units! at one level, there is an imperative for a dominant and assertiveleadership necessary for the consolidation and even the very survival of a weak stateD at another

level, there is demand among component local institutions for autonomy from the central

government in order to enable them to become more responsive to local situations and,

parado1ically, strengthen a weak state. %here is also the cyclical )oro uprising that disturbs the

peace in )indanao and destabili(es the economy of the country. A weakened economy, political

instability, rapid population growth, etc. are concerns that challenge #hilippine governance.

arious reforms and strategies have been tried to improve governance. %he undergoing

consideration on revising the /CG 'onstitution and adopting federalism is the latest

development.

$ssues and concerns regarding the conversion to federal system from the present unitary

structure have to be confronted. Federalism is touted as a possible means to resolve provincial

disparities in the country and end the war and development problems in )indanao brought by

separatists3 movements, since the structure allows for national and regional units of government

to have distinct and overlapping jurisdictions. >owever, as some would point, the )oros want aseparate nation not autonomy. %he creation of the Autonomous 0egion of )uslim )indanao

5A0))8 ended the tensions for a while but then it resurfaced. evertheless, this provided a

space for defining the issues and differences. 2enator #imentel believes the federal system will

dissipate the recurrent )oro Armed uprisings by giving them a federal state of their own which

will develop and promote their uni ue culture. A point to be considered, however, is on whether

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the )oros will find a federal state of their own an acceptable alternative to their separatist goal.

'ompromise between the government and the )oros, therefore, is needed.

Another concern that should be addressed in pushing for a federal system is the capacities

and capabilities of the state and local governments. While preparing for federalism, thegovernment should be more decentrali(ed. $t is necessary to promote and develop self reliance in

the local governments that will be converted to states. %hey should have the capability and

resources to function effectively as states under a federal government. %hey should be enabled to

respond to the needs and demands of the community and fulfill their roles under a federal set up.

#arallel movement, therefore, of devolution and federalism is vital. %he move toward federalism

should be purposive and deliberative. %he process should also be participatory and broad based.

arious sectors of society must be involved to effect change that will be beneficial to the nation.

%ime to study, discuss, debate and consider other alternatives for change is important. As Abueva

put it, ;we should not repeat the haste under pressure in making our present 5 /CG8

'onstitution.=

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American Government Federalism