Wasted power delegation: Lessons from past IP representations
Under the principle of co-equal and coordinate powers, the structure of government was divided into the executive, legislative and judiciary. The rationale behind this is to avoid the evils of monopolization of power as orchestrated during the grim Philippine era of martial rule wherein all three powers were under the discretion of the dictator.
The legislative power is centered in the bicameral congress – the lower house and the house of senate. The former is composed of over 290 plus district and partylists representatives while the latter houses 24 senators. They practice their legislative power to enact, repeal and amend laws. Every laws that were enacted, repealed and amended by congress were presumed to been done in behalf and with the consent of the people. The reason behind is that the legislative power, the only power vested upon the people and one of the special feature of a democratic state, was delegated to their district and partylist representatives through the process of election.
Last Indigenous Peoples’ (IPs) month in Benguet State University (BSU), Jill Carino, the second nominee of Sulong Katribu, discussed the current plight of the IPs before the student and professor attendees. In her discussion, she exposed numerous socio-cultural issues regarding IP resource management leading to conflict between the State through its security forces and the marginalized sector of IPs.
She highlighted the pitfalls in our legal system as to the laws and institutions which were supposed to have addressed these issues. One of which she underscored was the infamous plea for Cordillera autonomy where she gave her utmost support, if the said autonomy will serve its true purpose and intent as envisioned when it was enshrined in the our Constitution as an expression of the IP rights to self-determination.
Yes, the right for Cordillerans to an autonomous region enshrined in our Constitution, however, it is none executing, thus in need of a legislation for it to be executed. As a result is the now pending HB 4649 dubbed as the ‘An act establishing Cordillera autonomous region’. Carino slammed this pending bill, saying that it pushes for a decisive bogus autonomy legislation.
The bill is nowhere near the essential requisites for it to be considered a legislation expressing the Cordillerans’ rights to self-determination. In a nutshell, if enacted, the bill won’t answer the centuries of injustices bestowed upon the IPs. Injustices which were coupled and made possible by oppressive laws with the aim to favor large foreign owned companies over the IPs’ rights and welfare.
Among the laws which was supposed to be corrected by HB 4649 is the PD 705 (Forest code of the Philippines). PD 705 classified lands in the Cordillera as owned by the State in which all activities herein like grazing, cattle raising, gathering honey, planting, hunting and other IP activities are considered criminal acts under the eyes of PD 705. Sadly, PD 705 and other oppressive laws like the NIPAS were not corrected, in fact it was never mentioned in the pending HB 4649.
Legislators pushing for HB 4649 betrayed the people they are representing in their respective districts in the Cordillera the moment they filed the bogus autonomy bill in congress. Sure, they did surveys, forums and information disseminations around Cordillera. But did these legislators note and consider the sentiments of the people and inserted if not, made some amendments on the language of the bill? Clearly, the people of Cordillera are not dumb because they rejected the move for bogus autonomy twice already. Not that they are less informed but the real reason behind is because their voice, representation and their delegated power to legislate was being lambasted by legislators in congress.
Legislators nowadays are at a loss and need to be reminded about their actual function. It seems nowadays that legislators are focused on piloting expensive multi-millions infrastructure projects, from overpriced buildings to unnecessary bak-bak the beautifully paved road and highways. This became a vicious cycle not only here in the north but in the entire nation.
Every election, we delegate our powers only to be defecated on by TraPo legislators in congress. Last election, majority of IPs in the entire nation delegated their power to a partylist group ANAC-IP which scored them one seat in congress. Question, how did that work out for us IPs? From 2013, how did ANAC-IP respond to issues encountered by IPs, just to name a few, from the Philex tailings spill in Benguet, indiscriminate bombings and firing in Sagada, to the current Lumad killings in the south? None! Probably they only drafted and authored only a handful of bills in congress, if not none, if there are, they were but co-authors.
Here now enters Sulong Katribu. Needless to state, the absence of IP voice in congress was however represented by Sulong Katribu in the street parliament since it was founded in 2010.
Sulong Katribu is the exact representation we need in congress. Since they were founded, Sulong Katribu was the voice of the IPs when our voice were no longer being heard by State’s authorities and institutions. And what partylist is more fitting to receive our delegated representation, than the Sulong Katribu themselves.
For our district representatives, the lesson left behind by the HB 4649 and the bak-bak road fiasco is already enough for us to be enlightened that the people’s power to be delegated in congress must be valued dearly that before casting our votes, we should think not once, not twice but many times if the representative we ought to give our power to, really deserves our delegation.
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