Schedule
Nov. 27, 2024 | 12:30–2:00 PM
Room
Rm 5, Emerald-Citrine
Moderator
Antoinette R. Raquiza
University of the Philippines Diliman
A5.1
Constitutional Change and Oligarchic Politics in the Philippines, 1987-2024
Bjoern N.O. Dressel, Australian National University
Cristina Regina Bonoan, University of the Philippines Diliman
After adopting the 1987 Constitution to safeguard democratic governance post-Marcos dictatorship, the Philippines has seen numerous, albeit unsuccessful, attempts at constitutional change. This paper examines the relationship between oligarchic interests and efforts to amend the Philippine Constitution from 1987 to 2024. The study explores key moments and movements for charter change under each administration and how powerful political and economic families have shaped or responded to these initiatives based on the political context and powerholders of the time. Our analysis shows that support or opposition to constitutional change often reflects strategic goals and political alignments, raising concerns about the authenticity of reform efforts. Critical drivers behind the push for constitutional reform include a distinct political agenda to retain power, undue presidential influence over Congress to promote narrow economic and political interests, and declining public support and understanding of the Constitution. However, competitive-clientelist dynamics among oligarchic families offer a countervailing force, especially with each new election cycle, contributing to the current constitutional resilience. This paper enhances the understanding of the interplay between entrenched power structures and constitutional reform, offering insights into the persistent influence of oligarchic families in shaping the political landscape of the Philippines.
A5.2
Philippine Temporary Labor Migration and Two Labor Migration Models: Case Study of Political Economy of Philippine Neoliberal Migration Governance
Catherine S. Chang
Payap University
United Nations agreements such as the 2030 Agenda for Sustainable Development with the High Level Political Forum and the 2018 Global Compact for Safe, Orderly, and Regular Migration (hereafter GCM) of the International Migration Review Forum, attempt to address temporary labor migration. Two contemporary models (Bauböck and Ruhs 2022; Ottonelli and Torresi 2022) endeavor to identify the shared benefits of migration for migrants, the sending countries, and the receiving countries. Without narratives and themes related to the lived experiences of Philippine temporary labor migrants, these models fall short in their identification of shared benefits for the three categories. This qualitative research used primary sources from desktop library search and personal observations of migrant civil society. The research purposes of this study are to identify themes about Philippine temporary labor migration that confront contemporary labor migration models, and to uncover Philippine temporary labor migration narratives that relate sustainable peace to sustainable development. The methodology is a case study of the political economy of Philippine neoliberal migration governance. Findings revealed that themes of scope, dilemmas, infrastructure, and political rights connect directly with Philippine temporary labor migration. Narratives of these migrants challenge rationality, nation-state and citizenship, and inequalities. Put together, these themes and narratives contribute towards an interrogation of Philippine neoliberal migration governance, through the concept of sustainable peace (Reychler 2020). Sustainable peace relates to sustainable development, such that this interrogation examined internal and external support, in order to eliminate physical violence and cultural, economic, and political discrimination. The findings revealed additional challenges related to dilemmas between global economic justice and local social justice; parameters of international organizations, multilateral and bilateral agreements; and the exercise of political rights through trade unions and migrants’ organizations.
A5.3
Navigating Gendered Waters: The Role of ASEAN Framework in Protecting and Promoting Women Seafarers’ Rights in the Maritime Industry
April Rose Itura Nalangan
University of the Philippines Open University
Women seafarers are active agents of delivering economic pursuit to the ASEAN maritime industry, yet they still confront gender imbalance, which gives rise to an array of gender issues experienced during their seafaring career. Hence, this study explores how the ASEAN Framework protects and promotes women seafarers’ rights in selected ASEAN countries—Philippines, Indonesia, and Singapore through the ASEAN Gender Mainstreaming Strategic Framework 2021–2025.
In-depth interviews conducted with Philippine women seafarers shed light on eight prevalent forms of gender issues: gender stereotyping and prejudice, gender discrimination, racial and gender discrimination, verbal gender-based violence, bullying and disrespect, psychological and emotional harassment, victim-blaming, and sexual harassment in various forms—physical, verbal, and non-verbal. Meanwhile, Indonesia’s women seafarers recount their struggles with discrimination, harassment, bullying, isolation, and a fixed mindset. Similarly, Singaporean women seafarers encounter gender-specific expectations, limitations, misconceptions, and stereotypes entrenched in the maritime industry.
This study revealed that the ASEAN frameworks address the gender issues experienced by women seafarers through the full realization and proper implementation of gender mainstreaming embodied with gender equality and women empowerment in the maritime industry. Nine (9) ASEAN frameworks are found that cover the protection and promotion of migrant women workers’ rights, encompassing a scope of guidelines, declarations, and blueprints to ensure the well-being, safety, and equal treatment of women seafarers within the ASEAN region. Further, the research identifies areas in the ASEAN framework that require improvement to enhance working conditions attained through women’s experiences in the maritime industry.
A5.4
Forging Minilateral Cooperation as a Balancing Instrument: Assessing the Philippines’ Approach in Response to China’s Actions in the South China Sea
Long Thanh Nguyen
Ho Chi Minh City University of Social Sciences and Humanities
The escalating tensions between China and the Philippines in the South China Sea present a compelling case study to understand the significance of minilateral cooperation. This study examined the Philippines’ strategic approach towards minilateral cooperation under President Ferdinand Marcos Jr. as a balancing instrument against China’s assertive actions in the South China Sea. The article aims to elucidate the rationale behind the Philippines’ choice of minilateral mechanisms by employing the Balance of Threats Theory and levels of analysis in international relations. The research utilized qualitative research methods, which involve a comprehensive literature review of primary and secondary sources, such as presidential speeches, joint statements, and relevant scholarly works and publications. The paper argues that the Philippines is reverting to a balancing strategy against China, wherein it will forge strong minilateral alignments with the United States and extra-regional partners to prevent Chinese pressure in the South China Sea. The primary objective of this study is to assess the effectiveness and predict the impact of this approach in safeguarding the Philippines’ national interests and maintaining regional stability. Furthermore, the paper provided implications for Vietnam, considering whether it should participate in such minilateral security arrangements. By examining the role of minilateralism in an increasingly competitive great power environment, this research contributes to a deeper understanding of regional nations’ strategies in the evolving security architecture in Southeast Asia.
A5.5
Environment, Justice, and Law: A Case Study of Environmental Legal Cases in the Crucibles of the Supreme Court of the Philippines
Michae Ella A. Digo
Mindanao State University-Iligan Institute of Technology
For years, Philippine environmental jurisprudence has become integral in the national pursuit of ecological balance between human development and ecological stewardship. Legal frameworks pushed forward standards for pollution control, sustainable utilization of resources, and conservation initiatives, to empower agencies in implementing and enforcing the provisions, and imposition of accountability mechanisms. However, Philippine Environmental Laws remain a subject of ongoing debate and scrutiny among the public and policymakers. Additionally, it is imperative that the power of these laws does not rest on the legislation itself but the power is in its legal translation onto implementation, execution, and enforcement. The skepticism on whether the Philippines’ environmental laws and its executor are living up to their intended purpose is evident. Thus, this study examined ecological cases that were instituted by the Philippine Supreme Court. The analysis is anchored on the five major environmental laws in the country: RA 9003 Ecological Solid Waste Management Act of 2000, RA 9275 Philippine Clean Water Act of 2004, RA 8749 Philippine Clean Air Act of 1999, RA 6969 Toxic Substances, Hazardous and Nuclear Waste Control Act of 1990, and PD 1586 Environmental Impact Statement of 1978. This research substantially identified and assessed convictions, cold, appealed, unresolved, and resolved cases. The methodology of this study involves a comprehensive review assessment of court cases found in the Supreme Court’s online database spanning from 2013 to 2023 where a maximum of 400 cases are found. This research not only contributes to academic discourse but also holds practical implications and valuable insights for policymakers, legal practitioners, and Filipino environmental advocates. Moreover, this study provides the backbone for legal reforms, environmental governance, and the promotion of environmental justice in the country.