Thursday, March 21, 2013

Kristel, Suicide, and History


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There may be a myriad of reasons why she took her life. As with the deaths of Kurt Cobain or Lee Kyung Hae or Aaron Swartz, we are left to our second guesses and interpretations of Kristel Tejada's motives, except perhaps that it was triggered by UP Manila's No Late Payment policy. This is discomforting for many, especially those who truly love her. But alas, we will never know what really happened. We will never know the exact array of private reasons that caused to emerge the thoughts of suicide in her head. History will never capture the exact truth. History will never give us the exact description of the complex psychology of Kristel's final escape.

Since we are nearing Holy Week. Another brilliant piece from the Pixel Offensive.

Are we then left perpetually blind by the fuzziness of history? Far from it.

Tuesday, January 8, 2013

Bangsamoro, the Devolution Failure, and India-style Federalism: A Case for Asymmetric Autonomy and Strategic Reapportionment


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by James Matthew Miraflor*

The process is moving. Before 2012 ended, Philippine President Benigno Aquino III signed Executive Order No. 120 creating a Transition Commission (TC). The TC will supposedly draft the proposed Bangsamoro Basic Law stipulated in the Framework Agreement between the Government of the Republic of the Philippines and Moro Islamic Liberation Front (MILF).

This is indeed a breath of fresh air to a land scented by the smell of blood and war. GPH Negotiator and now Supreme Court Justice Marvic Leonen, a former Dean of the UP College of Law, was able to garb the whole process with political legitimacy and language of legality. If we are to accept a legal realist position, it is expected that the Supreme Court will decide in favor of ending the conflict and allow the evolution of a legal narrative for self-determination. Insisting on a constitutional change as a requisite to actualizing the agreement may end up compromising the gains for peace.

The Proposed Bangsamoro Core Territory based on the GHP-MILF Framework of Agreement.
Mindanews Graphics by Keith Bacongco. From here
But no doubt, the implementation of the Framework Agreement will raise questions on constitutionality and the framework's compatibility with our existing unitary system. No doubt, proposals for converting our current form of governance from unitary to federal will once again fill the pages of our dailies. It is inevitable then that we ask: would a shift to a federal system really be better for the Philippines? And if we do decide to shift, what model of federalism should we adopt?

These questions are asked in a context of a widely perceived failure in devolution and trends of increasing recentralization in health, social welfare, and local governance after the landmark Local Government Code of 1991. This essay argues that while federalism can be a plausible model for the country, it should be asymmetrically implemented (giving some territories more liberties than others) - following India's model. A strategic mix of recentralization and devolution, following some principles from the concept of Optimal Currency Areas (OCA) and urban agglomeration, is thus proposed as a way forward in implementing a reapportionment of political boundaries under asymmetric federalism.