FISHERFOLKS are not at all sold on Charter change (Cha-cha) because this will weaken the constitutional safeguards for the preservation of the marine environment and coastal communities.
Instead of pursuing a Cha-Cha, the government must be straightforward in its approach in removing the cause of the problems besetting the fisheries sector, according to Bas Umali, advocacy officer of the Tambuyog Development Center.
“Poverty in coastal communities has been due to low productivity of land-based resources or lack of access to land; low productivity of aquatic resources mainly due to habitat destruction and stock depletion; resource use conflict particularly in coastal waters; and lack of adequate basic services delivery (i.e. health, education, shelter, infrastructure, etc),” Umali said in presenting his paper titled Possible Consequences of Cha-Cha to Fisheries Industries last July 12 at the Ateneo de Manila University’s Institute of Social Order (ISO).
During the consultative forum sponsored by the Coalition for a Citizens’ Constitution (C4CC), Umali said the problem lies not in the Charter but in the manner on how the law is being carried out. He pointed to the active participation of the government agencies in pushing for an open access policies. The directives have paved the way for foreign fishing firms to exploit and hasten the dwindling of the country’s marine resources.
The modern technology used by foreign fishing vessels has become instrumental in widening the gap between the rich ship owners and the poor fisherfolks. Moreover, the intensified use of the equipment has endangered the country’s food supply and economic security.
Pablo Rosales, national chairperson of the Progresibong Alyansa ng mga Mangingisda (Pangisda), said that before jumping to the conclusion that Charter change is necessary, there has to be proof that the laws have been fully and correctly executed.
“Ipatupad muna nang tama at sakto [ang batas] bago natin sabihin na ang batas ay kapos [Apply the law properly and with exactitude before saying that it is insufficient],” he said.
Bonifacio Federizo, spokesperson of Kilusang Mangingisda (KM) said that though 20 years had passed since the creation of the Constitution and 10 years since the passage of the Fish Code, their effects have yet to be felt on the ground. He said government efforts have been concentrated instead on privatization.
Allan Vera, executive director of the Community-Based Coastal Resources Management Resource Center (CBCRM-RC), agreed with the observation regarding the inadequate implementation of the Fish Code and the pertinent provisions of the Constitution. He expressed doubts that the period for the strict enforcement of the laws and related mechanisms will be shortened even with Cha-cha.
Rosales said that the main reason behind Charter change is to give in to the dictates of global trade. Because this capitulation will undermine food security and benefit only developed countries, Rosales affirms the protectionist nature of the Constitution.
While stressing that the problematic phase is always the execution of the fisheries-related laws, Umali said that the Republic Act (RA) 8550 or the Fish Code contains “good provisions”. He added that if the law is properly carried out, this would empower the fisherfolks, enhance local governance, and develop the allied industries of the fisheries sector.
On the other hand, Umali warned that tampering with the Constitution, such as lifting the restrictions against full ownership by foreigners, will only impair the protection it gives to the sector.
On the issue of whether federalism, as espoused by proponents of Charter change, would result in better governance, Umali thinks otherwise. He said local government units have yet to prepare themselves for the devolution process.
For his part, Vera sees federalism as a progressive move because it can ensure that capital remains in their sources. His reservation is that while this decentralizes power, federalism may not guarantee the devolution of services.
The motive of the allies of President Gloria Arroyo in pushing for Charter change must also be studied in the relation to the questions of legitimacy hounding the present administration. Rosales is wary of the President’s pronouncements that she will step down from power even after 2010.
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