Tag Archives: Political Dynasties

A Role for the Courts in Limiting Philippine Political Dynasties

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In an earlier post I wrote about Philippine political dynasties, I argued for the adoption of an anti-dynasty law that would bring into effect Article II, Section 26 of the 1987 Philippine Constitution, which states that “[t]he State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.” Since the Philippines gained its independence, political dynasties have dominated national and local government—70% of the last Congress, for example, belonged to a political dynasty. Because these families have maintained an effective oligarchy over the country for decades, they can easily abuse their discretion and commit corrupt acts without consequence.

While the Framers of the 1987 Constitution recognized the danger these elite families posed to fair governance and their propensity to engage in corruption, the Supreme Court has found that the constitutional ban on dynasties is not a self-executing provision. In May 2014, for the first time in history, an anti-dynasty bill made it out of committee and was sponsored before the House plenary. In his final State of the Nation Address, President Noynoy Aquino urged Congress to finally pass an anti-dynasty law. Politicians in Congress, however, have since blocked efforts to pass such a law. By October 2015, the Senate President publicly announced that no anti-dynasty law would be approved before the May 2016 election. Despite my hope that the recent bill would result in a new law at last, this outcome is not surprising. Political dynasties have controlled the majority of Congress for decades, and numerous politicians seeking office in this year’s election would have been prohibited from running if the law had passed.

Now the results of the May election are in, it looks as though Congress will continue to be dominated by dynastic politicians. President-elect Rodrigo Duterte’s stance on political dynasties is currently unclear, although he himself belongs to a political dynasty. Given this, legislative action may simply be out of reach for the time being. One interesting question is whether the courts could intervene to bring the constitutional ban into effect. Doing so would be a radical departure from past practice, and would require rethinking certain core judicial doctrines, but might be nonetheless be legitimate under the circumstances. Continue reading →

Lasting Legacies: Marcos’ Denial Feeds into a Culture of Corruption

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In the past several months, Philippine Vice Presidential hopeful Senator Ferdinand “Bongbong” Marcos Jr. has faced a great deal of criticism for refusing to recognize and apologize for the acts of his father, Ferdinand Marcos, Sr., who, in addition to committing numerous human rights abuses against Philippine citizens during his 20-year reign as dictator, amassed an estimated $10 billion in ill-gotten wealth for himself and his cronies. Although some assets were seized after the People Power Revolution ended the Marcos regime, the Marcoses and their cronies held on to a great deal of ill-gotten wealth. (Indeed, when the new government was installed, it created an entire agency, the Presidential Commission on Good Government (PCGG), dedicated to recovering those assets.) In the eyes of many Filipinos, the Marcos name represents an era that saw billions stolen from the people, a fact illustrated by the PCGG’s recent decision to use a virtual exhibit of extravagant jewelry belonging to former first lady Imelda Marcos as an anticorruption campaign. Called the “Story of Extravagance,” it features a diamond tiara in platinum, a ruby tiara in silver, and numerous other jewels, along with descriptions of how the costs of each item could have been used to fund education, energy projects, and health initiatives.

The controversy over Bongbong’s refusal to apologize for this and other unsavory aspects of his father’s regime (including systematic human rights abuses) began last August, when the younger Marcos first asked what he should have to say sorry for, while highlighting the economic progress made during his father’s time in power. Since then, Bongbong has continued to insist that he has no need to apologize, even as criticism of his stance intensified in February, when the country celebrated the 30th anniversary of the People Power Revolution. The controversy has been further inflamed by revelations in the Panama Papers that Bongbong’s sister, Governor Imee Marcos, and her three sons were among those linked with offshore accounts. The Marcoses have so far issued no statement on the matter. In fact, not even a week after these revelations, Bongbong reiterated his stance that he has no reason to apologize for his family.

Others on this blog have discussed whether younger generations must take responsibility for the corrupt actions of their parents (see here for Courtney’s discussion of Peru’s Keiko Fujimori). In the case of Bongbong Marcos, and of the younger generation of Marcoses generally, the interesting and troubling reality is that their political careers will likely survive their outright refusal to acknowledge the corrupt acts of Ferdinand Marcos, Sr. This frustrating truth speaks volumes about the culture of impunity that plagues Philippine politics, and has troubling implications for the broader anticorruption fight.

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Sins of the Father: Keiko Fujimori’s Presidential Candidacy in Peru

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Dynastic politics are still strong across the globe. Hillary Clinton seems poised to follow in her husband’s footsteps and become President of the United States. Another Trudeau was elected Prime Minister of Canada last October. Chinese President Xi Jinping is a so-called “princeling.” And, as has been well documented on this blog, dynasties rule the political scene in the Philippines.

The front runner in Peru’s presidential election also has a familiar last name: Fujimori. Congresswoman Keiko Fujimori is the daughter of former president Alberto Fujimori, who held office from 1990 to 2000. Ex-President Fujimori’s regime did some good in Peru; for example, his liberal economic reforms helped to launch a period of economic growth. But his regime was also brutal and plagued by corruption. President Fujimori is in prison today, serving a 25 year sentence for human rights violations. He’s also been convicted of a number of corruption-related offenses, including using his spy chief to bribe journalists, business people, judges, and opposition politicians.

Despite this legacy of corruption, and the fact that Peruvians view corruption as one of the most serious problems facing the country, Congresswoman Fujimori sits atop the polls of the 2016 election. Is this a problem? How much should Peruvian voters consider Alberto Fujimori’s corruption and human rights abuses when they vote next month? And to what extent should the Fujimori family legacy affect their assessment of Congresswoman Fujimori’s approach to corruption?

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Facebook Fever is Not Enough: The Role of Social Media in the Philippines

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The Philippines, long mired in corruption, appears to have made progress on this front in recent years. While the current administration’s anticorruption efforts may have contributed to this progress, some commentators have suggested that social media might actually be playing a bigger role in the decline of graft in the country. Indeed, there are some dramatic examples of social media playing a role in the fight against corruption. For instance, as details of a major scheme involving misappropriation of public money began to surface in 2013, social media platforms exploded with photos and videos pulled from the Instagram and Facebook account of Jeane Napoles, whose mother, Janet, had orchestrated the scheme. Filipinos were shocked and appalled by all that ill-gotten wealth could buy—private planes, expensive handbags, multi-million dollar apartments, and even a new car detailed with an Hermes leather exterior (yes, exterior). Even after these accounts were taken down, photos of the Napoles’ lavish lifestyle continued to circulate. These images made people far more aggressive in condemning the actions of those involved, and even inspired the Million People March, when protestors called for complete elimination of the fund used in the scheme. More recently, Facebook posts about sightings of the younger Napoles helped the media to discover that Jeane, who fled the country in 2013, had in fact returned. She has since been charged with tax evasion.

This is encouraging, and no doubt social media platforms can be useful in the fight against corruption. Nonetheless, I’m cautious about overstating the long-term impact that social media might have on corruption in the Philippines. After all, the Philippines has had an active free press for decades, and past administrations have frequently been challenged by civilian participation and condemnation of corrupt practices. Can we really rely on social media to effect lasting change? Continue reading →

The Philippines Must Break the Power of Political Dynasties

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Democratic systems are no strangers to political dynasties. In the United States, some well-known families have been in politics for generations—the Kennedys held an impressive 64-year streak in Congress until 2011 (and staged a comeback only two years later), and earlier this month George P. Bush won the race for Texas Land Commissioner, carrying on the political legacy of his father Jeb Bush, his uncle George W. Bush, and his grandfather George H.W. Bush. Although the idea of political royalty inheriting power seems to cut against equal opportunity, members of such families have been revered throughout history. But political dynasties present a much greater threat to democracy when they control a majority of power in the country. In the Philippines, one study estimated that political dynasties comprised up to 70% of the last Philippine Congress (compared to 6% of the last U.S. Congress). During the last election, one notorious political clan had 80 members running for office. Indeed, Philippine political clans have evolved into the most efficient (and at times, deadly) means of monopolizing power. Various members of the same family often cycle through the same congressional, gubernatorial, and mayoral seats in their home province, and it’s not unusual to see an electoral race pitting two members of the same family against each other. In many ways, the dynastic culture of politics has removed meaningful choice from the voters, and exacerbated the pervasiveness of corruption in government.

A possible solution is before the Philippine Congress right now—the Anti-Political Dynasty Bill. This bill would prohibit any spouse or first-degree relation (including parents, siblings, and children) of an incumbent elected official from seeking elected office. Although individuals may run once their relative’s term is up, they may not immediately succeed that relative in the same elected office. (The bill would have a enormous effect on the upcoming 2016 elections—Vice President Jejomar Binay, who has already announced his candidacy, and whose daughter’s term in the Senate runs until 2019, would be precluded from running for President.) At first blush, the bill may seem antidemocratic, as it (temporarily) suspends the rights of many individuals to seek elected office. Still, in the Philippines, where the concentration of political power has bred such a strong culture of corruption, certain rights may need to be sacrificed. It is a drastic problem in need of a drastic solution.

There are several reasons why Congress should pass this bill and limit the influence of political families: Continue reading →