#MINDANAO
In discussions on the issue of amending certain constitutional provisions to allow more foreign ownership in certain economic sectors, it is clear that we need foreign investments to bring capital and technology to develop our resources to meet the needs of present and future generations.
However, some stakeholders have expressed fears that if sectors of the economy will be opened to larger foreign ownership beyond the limits set in the Constitution, then large amounts of foreign capital will cause the “over-exploitation” of natural resources. Along with this will be the feared negative effects on the environment and communities.
In the interest of reasoned debate, it is useful to examine these claims in light of the 1987 Philippine Constitution and other laws that provide safeguards to address these fears.
Firstly, in my reading of the Constitution as a layperson, I do not see any provision preventing the use of our natural resources. What it does say in the national economy and patrimony provisions is that endeavors meant to use such must be controlled by Filipinos. That said, can the claimed “over-exploitation” be done exclusively or mainly by foreign-owned enterprises? No. Anyone given the right to use, even Filipino enterprises can, if unchecked, be guilty of “over-exploiting.”
The safeguard against the fears lies in the specific rules imposed on the use of such resources to ensure two outcomes. The first is that the wealth derived from these resources is shared. Second is that the negative environmental impacts are mitigated, and positive social and ecological effects are enhanced.
That said, the constitution itself provides for the fundamental principle that sets the safeguards against this outcome by anyone, whether a foreigner or Filipino. Article 2 Section 16 of our constitution states that “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
This fundamental principle underpins many environmental laws crafted and passed after 1987, along with rules and procedures such as requiring environmental impact assessments, and public participation requirements for certain proposed projects projected to cause significant environmental impacts. In my view, this is also congruent with the principles of the earlier Presidential Decree 1151 or the Philippine Environmental Policy.
In particular, Section 1 declares it a policy of the State to “(a) to create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements of present and future generations of Filipinos, and, (c) to ensure the attainment of an environmental quality that is conducive to a life of dignity and well-being.”
These precepts enshrine balanced ecology as a people’s right. People, and the enterprises they organize have a right to use resources and utilize them for their benefit. A rational and orderly balance in the development of the resources in PD 1151 is required to ensure that benefits are optimized and shared, and negative effects are mitigated. This is a strong basis for sustainability.
We cannot thrive in harmony when we have disallowed the use of resources meant for life. Hence, we need investments, technology, new ideas, and capital to build the enterprise and undertake the activities while following proper rules and safeguards. This ensures this balance not only for present stakeholders but future generations. How well we achieve this rational and orderly balance today is an investment in the sustainable future of our children.