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January 2004
97th Issue
Thailand firing on all cylinders
The best performing stock market in Asia this year
is Thailand. In CLSA’s “Out and About” newsletter, author
Jim Walker thinks it might well be the best performer next year as well.
Foreign investors have been net sellers since May but the locals have
been lapping up any unwanted stock. Apart from India it is probably the
only country in the region with solid domestic participation in the market.
But why? Jim Walker went “Out & About” in Thailand recently
to investigate further the Thaksinomics phenomenon. He concludes that
the government is succeeding where others have failed because of its focus
on domestic economic conditions and producing policies that facilitate
growth. Many thought Thailand's growth peaked out in 2002. They have been
proven wrong this year. It will accelerate further in 2004.
When Thaksin Shinawatra came to power in a landslide
election victory in January 2000 he had many detractors. A businessman
turned politician, inexperienced in the ways of government, nationalistic
and populist policies: almost four years later these supposed weaknesses
have turned out to be strengths. Thaksinomics has transformed Thailand
from a moribund, directionless, depressed-psychologically and financially-economy
into the most vibrant country in Asean. Not only can you feel the vibrancy
on the streets of Bangkok and Pattaya but you can hear that confidence
from government officials.
What is the secret? If one phrase were to sum up the philosophy of the
Thaksin government it would be "concentrate on the basics".
The focus of government policy has been about stimulating domestic demand.
Not through grandiose projects and flawed public spending programmes but
through channeling credit and support to the backbone of the Thai economy-
the rural and SME sectors. The "Btlm per village" scheme, initially
seen as a vote buying exercise by the establishment in Bangkok and chunks
of the foreign media, was about addressing a real need: the provision
of credit to Thailand's grass roots (and it is credit, the village scheme
monies are repayable loans). This particular fuel was added to the fire
just as commodity prices began to rise in some of Thailand's key raw material
sectors. It has had a galvanizing effect. Consumption has been the backbone
of Thai growth for the last two years. As Figure 1 shows, Thailand has
vied all year with China for the mantle of "most bullish consumer"
in our In the Bag reports. The lines and bars represent the ‘net'
score of our ten consumption indicators for each country, each one assigned
a rating of + 1, - 1 or zero depending on whether the indicator trends
are bullish, bearish or neutral. Compared with the average for Asia as
a whole these two countries are streets ahead but their consumption trends
are just reflective of policies that have facilitated domestic growth
and job creation.

In the fiscal year just finished ( 30 September 2003 ). Thailand achieved
a budget surplus (Figure 2). This surplus is three years ahead of schedule
and not, as in past years, due to the government failing to meet its spending
targets but because of the buoyancy of revenues. More amazingly still,
it was the contribution of the rural areas that made the surplus possible.
Rural tax collection were up 18 % YoY in FY03. Urban tax collections rose
only 11 % YoY - still good but not a patch on the countryside. According
to our sources, 50 % of all tax revenue came from the countryside.
This is another reflection of Dr. Thaksin's back-to-basics approach. The
rural areas,along with small and medium sized enterprises, have been past
of the informal sector in Thailand. Thaksinomics has as a cornerstone
of its approach the de Soto principle: legitimize the informal economy
and not only do you enliven dead capital through granting property right
and then allowing these to be used as collateral in the banking syatem
but you increase the tax base. (Last week's public discussions about the
legalizing of prostitution are another step along the path of reducing
the greyness in the grey economy. Within two years we should also expect
Thailand to have legalised gambling-Genting Highlands watch out!) By giving
farmers access to credit and by channeling funds through the SME Development
Bank an increasing proportion of the Thai economy is being brought into
the formal sector.
The next major initiative in the that respect is about to be launched.
Land Title Deeds for rural dwellers will be granted over the next six
months. A legacy of the absolute mounar chy system in Thailand is the
proliferation of " conditional entitlement " to land. These
are essentially titles to land but are subject to lengthy court procedures
if the title is to be fully established. The government is setting up
a clearing house that will bypass the court system and truncate the process.
The deeds granted will be bankable and are intended to create a "landed
person" class. They will also be liquid and allow landed people to
borrow and undertake investment that will enhance the "agricultural
lifestyle" ie, raise income levels. Eighteen financial institutions
have already signed up to support the plan. The deeds do not entitle the
owner to turn the land ibto industrial use or fields of condominiums.
But this new policy initiative exemplifies Thaksinomics at work: first,
cutting through the bureaucratic tangle that has been a defining characteristic
of Thailand for decades and, second, empowering the individual.

Short-circuiting the bureaucracy is an important feature of government
policy. A decade ago government spending programmes and infrastructure
development policies were a joke, The executive branch of government was
weak as a result of ever-shifting coalitions. This gave great scope to
the bureaucracy to stall and interfere will policy andprojects. In the
early 1990s there was great concern about Thailand's water supply (after
a few years of poor rainfall). We thought then that water provision might
be a limiting factor on industrial development. We visited Bangkok to
talk to the government and the ministry in charge of water development
about the problem and also about plans to build a new reservoir in the
center of the country. The bottom-line? Sixteen ministries' approval was
required to process the reservoir project. Needless to say, it still hasn't
been built (although the need for it has since diminished).
When we met with a vice minister in the Ministry of Energy two weeks ago
we were surprised in his confidence that the new oil pipeline proposed
for southern Thailand
(the much heralded Landbridge) would go ahead. Moreover, the development
of a new Asian oil products exchange is also being advanced quickly. But
it then came to light that the vice-minister was an ex-PTT executive.
He knew exactly what changes in regulations were required to make the
product exchange a viable project for Thailand. Thaksin's CEO-style of
government is being extended into the ministries and bureaucracy. Public
spending plans have to be taken seriously now.

Concentrate on the basics and economic growth will take care of itself.
We at CLSA have never been proponents of the export-led growth strategy
so beloved of the World Bank and many Asian governments. That does not
mean to say that we are against exports, only that exporting activity
should flow naturally from a country's comparative advantage. Any doubts
that this will happen are dispelled by Thailand's experience in the last
two years. Figure 3 shows the divergent export experience of consumption-driven
Thailand and export-fixated Malaysia since January 2002. Over this period
the baht has appreciated by more than 10 %. The ringgit, as has been the
case since September 1998, has been fixed to the depreciating dollar.
Thailand's commodity products have helped its performance but Malaysia
too is rich in natural resources. There are many lessons to be learnt
from this chart but the most important is that when domestic economic
conditions are appropriate exports follow as a matter of course. Policies
aimed at attracting FDI and transplanting industries that bear little
relation to domestic resource endowments are ultimately doomed to failure.
A feature of the Thaksin administration has been its ambivalence towards
attracting foreign investment. Ironically, in the recent AT Kearney survey
of global FDI flows, Thailand has jumped to 16 in the world from 20 in
2002.
Going forward Thaksin's vision for Thailand is clear: to create an integrated
Indochina market (plus Yunnan province in China) with Thailand as its
hub. The plan is ambitious yet simple and suited to available human resources
in the country. Highway projects are underway that will link Yunnan to
Laem Chabang, Bangkok', container port. China and Thailand are jointly
financing the link through Laos ( a connecting highway already exists
through Myanmar but it is of poor quality ). Another project will link
Bangkok to Phnom Penh and, ultimately, the plan is to connect directly
with India through Myanmar and Bangladesh. Boable? Ten years ago, no way.
Today, no doubt.
But this is a decade long project, what about the immediate future? It
looks good too. Figure 4 shows three indicators of investment trends in
Thailand; the private investment index, capital goods import and business
confidence. Two of them signal a growing willingness among Thai entrepreneurs
to accelerate business spending although confidence is steady rather than
brimming. Slowly entrepreneurs are realizing that the current economic
expansion is for real and that it is much more sustainable than in previous
cycles. We forecast 8.1 % GDP growth in 2004 led by investment spending.
Thailand is a country firing on all cylinders for the first time since
the Asian crisis.

. . . and a very good time was had by all . . .
December 3rd saw the first of what we hope will
be many such performances staged in the Colonial Hall at the Sofitel Central
Hotel.
London Theatre Productions travelled from UK to enthral the audience with
Willy Russell’s “Educating Rita”, which was in itself
an education for some of the Thai people present, who had never seen such
a stage production. Actress Dagmar Doring who played Rita carried the
Liverpool accent for the whole play brilliantly.
Pictured left to right: Mr Bernd Schneider Sofitel GM, Dagmar Doring,
(Rita), Ben Dudley (Frank), and Marc Cherrier Sofitel RM

Mice Marketing
Travel Operators and writers from Europe inspected
Dusit Resort and Polo Club, during their educational trip to Thailand
to explore new locations for MICE markets. They were welcomed by the hotel’s
executives, Panit Boonyaratvej (standing left) and Poonsri Aptagama (standing
right) at the hotel’s lobby.

The Polo Bar at Dusit Resort and Polo Club proudly
presents it’s Thailand Top Bartender, Aree Kodchasarn. She won the
Thai Hotels Association sponsored competition, shaking her winning concoction
“Rung A Roon”.
Rung a roon, means “Light of Dawn”. It is a combination of
vodka, triple sec, melon liqueur and tropical juices. Get a taste of this
winning cocktail while relaxing with the music in the warm atmosphere
each night at the Polo Bar.
For further information call 032 520 009, ext 2071. email: polo@dusit.com
or check the website: www.dusit.com
Headstone Riders Motorcycle Club
In October of this year plans went forward to
form Hua Hin’s first ever, official motorcycle club. the idea was
the brain child of founders Pick (a local policeman) and Bob (of the Easyriders
Biker Bar on the canal road). The two presidents feel that it is important
to let the local community know that the club, which is comprised of both
Thai and Farang members, has not only been set up for the purposes of
having fun and drinking hard, but also to put something back into the
community by raising money for local charities as well as organising local
events for all motocycle enthusiasts.
So, if in the near future you see a bunch of unruly guys roaring into
or through town don’t be alarmed, they are just some local boys
on their way to yet another party.
Questions or inquires concerning the Head stone Riders Motor cycle Club
may be directed to our e-mail address: Headstoneriders@hotmail.com

US edged out as China woos Indonesia
By Keith Andrew Bettinger
WASHINGTON - The unilateralism and anti-terror policies
of the United States are increasingly damaging its relations with the
largest Muslim nation in the world, Indonesia, where many view the "war
on terror" as anti-Islam. Meanwhile, China is quietly moving closer
to the archipelago.
Many observers have suggested that Indonesia, as a moderate Muslim nation,
could play a greater role in US-led actions by providing peacekeepers
to operations associated with the "war on terror", thereby adding
legitimacy and decreasing the casualties in situations such as postwar
Iraq. However, US policies are causing domestic difficulties for moderate
Muslim states. This, coupled with the rise of China and improving relations
between that country and Indonesia, could be a harbinger of a new regional
power and an alternative to the US-led global order.
From an Indonesian perspective, China has always posed the most serious
threat to regional security. This stems from the perception that Beijing
supported the failed coup by the Indonesian Communist Party in 1965, an
allegation it has always denied. When the Suharto regime came to power,
one of its first actions was to sever relations with China. During this
time Indonesia's wealthy Chinese minority suffered attacks, scapegoating,
and an official persecution of its heritage, including the outlawing of
Chinese characters.
Although the relationship has been bumpy since Indonesian independence,
the situation has improved since ties were normalized in 1990. The 1999
election of president Abdurrahman Wahid ushered in a new era of cooperation;
Wahid declared that Indonesia-China relations were a priority and made
China the destination for his first official trip abroad. In 2000, a memorandum
of understanding was signed in the fields of politics, economics, science
and tourism, and in 2001 Indonesia became an officially sanctioned tourist
destination for Chinese vacationers. The current Indonesian president,
Megawati Sukarnoputri, has furthered the relationship, pledging to improve
military links with Russia and China.
China seems to be employing a coherent strategy to improve ties with Indonesia.
In the past, China suffered from a lack of vision in its relations with
neighbors. This is in part due to its ambiguous position during the Cold
War. It is also owing to the inward focus that China had for so long.
Yang Jinn, counselor for the political section of the Chinese embassy
in Washington, says relations between the two nations were rough in the
beginning because China's foreign policy was driven by ideological considerations.
However, Deng Xiaoping brought about a new pragmatism in 1979. Since the
1980s China has focused on more ad hoc, symbiotic relations. Now, "China
seeks multi-layered and multifaceted relations with its neighbors",
Jinn said. "The priority concern for the Chinese government is economic
development for our people, so we need a stable environment and good neighborly
relations and partnerships."
Thus far, Indonesia's interest in China has been limited to trade and
economic issues. Indonesia has been reluctant to take initiatives outside
the Association of Southeast Asian Nations (ASEAN). However, trade between
the two nations has grown sharply, quadrupling from US$2 billion in 1992
to $8 billion a decade later.
There is still room for growth, though, and both nations have something
to bring to the table that makes them natural partners. With a dynamic,
growing economy, China expects its energy needs to increase dramatically
in the future. Indonesia's massive reserves of liquefied natural gas in
West Papua could help supply China's increasing needs. Indonesia has won
some supply contracts, but lost a massive tender to Australia in 2001
and is looking for more business with China.
On the other hand, China's businesses are looking outward for investment
opportunities, following the advice of former president Jiang Zemin to
"go out". Deals have already been reached between Chinese and
Indonesian firms in the fields of telecommunications and electric-power
plants. Although Western investors have known for years that Indonesia
has enormous growth potential, lack of infrastructure has hampered foreign
direct investment.
The deals with China bring with them huge investments in infrastructure,
which should improve Jakarta's prospects for the future. The Indonesian
government, severely short of cash, is beginning to push this sort of
private investment in infrastructure. Chinese operators have an advantage
over their Western counterparts in that they have experience in the creation
of telecom networks under developing-country constraints.
These increasing economic ties will inevitably lead to a greater political
understanding between the two nations, decreasing regional suspicion of
China and increasing its latitude in endeavors abroad. According to Marvin
Ott of the National War College, "China's natural strategic ambition
is to look south to a region of opportunity." Ott called China's
approach to Indonesia over the past five years "a thing of beauty".
All of this means that the US stands to lose its influence in the region.
"Since Vietnam, Southeast Asia has been off the map for the US strategic
community," Ott said. Whereas the US has traditionally focused on
global-oriented strategies, beginning with containment during the Cold
War and now the "war on terror", China's ad hoc approach holds
more appeal to many nations. In contrast to the apparent US view of developing
nations as pawns in a geopolitical chess match, China's approach has economic
benefits that a shaky government can take to its people.
In addition, there is a certain degree of political quid pro quo in bilateral
relations. Jinn says China supports Indonesia's efforts to safeguard its
sovereignty, as well as its campaign against "internal terror".
This is very significant to Indonesia, which faces separatist challenges
from Aceh and West Papua. In return, Indonesia has always held a "one
China" policy, and in 2001 refused a request for an official visit
by Taiwan's head of state. "Our integration is only starting,"
Jinn said.
China's status as a developing nation is an advantage in its relations
with nations such as Indonesia, because China's level of development is
on par with nations in ASEAN, making it easier to identify areas of potential
partnership.
US policy, on the other hand, seems to be moving
in the opposite direction. Washington has called for Beijing to revalue
its currency to alleviate its trade deficit with China. This stance is
drawing flak from ASEAN nations, including Indonesia, whose trade surpluses
with China would be damaged by a stronger yuan. The US has been criticized
for not doing enough for developing countries, creating a vacuum that
China will eventually fill.
China is also seen to be more accommodating than the US. This is especially
apparent in the area of human rights. Whereas Washington is especially
vigilant on issues such as labor standards and human trafficking, China
hasn't signed on to any international human rights protocols or agreements.
While it is US law to issue annual reports on the progress of other nations,
and Washington routinely threatens sanctions for perceived offenders,
China has more of a "don't ask, don't tell" approach.
Lanxin Xiang, Henry Kissinger professor for international relations at
the Library of Congress, says China's relations are guided by a philosophy
of mutual prosperity, "get rich together" cooperation in which
a rising tide lifts all boats, rather than a zero-sum game realpolitik
perspective. The US has made Southeast Asia a second front in the "war
on terror", and President George W Bush recently declared that nations
not sharing the US commitment to democracy are no longer friends. China
understands that Indonesia and ASEAN pose no strategic threat, and is
seeking to build bridges regardless of political philosophies.
"The US should 'de-mustify' its relations with other countries,"
said James Castle, an American who has been doing business in Indonesia
for years and is widely regarded as an expert on the Indonesian economy.
"Other countries get tired of hearing the US say 'You must deregulate'.
China doesn't say those things."
Castle also suggested that Western firms are starting to lose out on deals
in Asia because they are bogged down by their dependence on contracts
and rules. Asian firms, he said, are more flexible and are not crippled
by a lack of clarity inherent in some business deals. They are more willing
to accept risk. Castle said that Indonesia's slow pace of reform scares
off many US businesses, whereas more nimble firms from China and Japan
are winning big. "US business will be sidelined for the next five
years in Indonesia."
What happens in the future remains to be seen. Indonesia has elections
coming up in 2004, and China has a new president, Hu Jintao. However,
some things are certain. China wants to be a great power, and seems to
be seeking a sphere of influence in Southeast Asia. It needs resources,
markets and partners. Its externally oriented policy will continue to
put it into conflict with US strategic interests, which will continue
to stress security and "Western values", causing backlashes
within developing nations.
In pursuing better relations with its neighbors, China has placed itself
in a good position vis-a-vis the US. It has a more active diplomacy, and
is reinventing itself as an alternative to the US. China is becoming the
nation of multilateralism. It is taking a greater role in the United Nations,
and is sponsoring regional initiatives such as the Shanghai Cooperation
Organization and ASEAN+3. It advocates cooperative solutions to problems
such as the North Korean nuclear crisis.
China wants to open economies for mutual benefit with other nations. In
an age where wealthy nations are constantly criticized for unfair trading
practices and closing their markets, China is an alternative. Whereas
Western nations such as the US often link economic concessions to political
conditions, China has no such conditions.
Indonesia, with its massive population and clear challenges, will have
to make a several choices. Will the future bring increasing cooperation
with the US, which entails domestic unrest over US policies in the Middle
East, or will Indonesia instead focus on economic development, seeking
partnerships with nations that can improve the living standards of its
people. Will Indonesia seek to counterbalance China, or rather join the
camp of the giant to the north?
While the US seems content to pursue policies that alienate its allies,
China is seeking to cultivate new friendships. It is perhaps indicative
of the new China that in its recent foray into space, its first astronaut
carried with him two flags: one the familiar red and yellow national banner,
the other the blue and white of the United Nations.
Keith Andrew Bettinger has a master's degree in international affairs
from George Washington Universtiy with concentration in Asian studies.
(Copyright 2003 Asia Times Online Co, Ltd. All
rights reserved. Please contact content@atimes.com for information on
our sales and syndication policies.)
Philippines: Between democracy and disaster
By Marco Garrido
MANILA - Not without the faintest grimace did Filipinos
receive US President George W Bush's fulsome praise of Philippine democracy.
Bush hailed "the first democratic nation in Asia" as an inspiration,
"a light to all of Asia and beyond", when he addressed the Philippine
Congress last month. And not without irony did Filipinos mark his words
- "All of you in this chamber are the protectors of Philippine democracy"
- which, had Bush been more canny, might have been an admonishment as
much as it was a commendation.
But if it was, it went unheeded. No sooner had the Great White Father
conferred his benediction than the institutions of Philippine democracy
returned to feasting on themselves. Bush's visit had interrupted one scandal,
a congressional assault on the executive, and was swiftly followed by
another, a congressional assault on the judiciary. The target in the first
case was the non-person Jose Pidal; the target in the second is an equally
unlikely figure, a man whose integrity was heretofore considered unimpeachable,
Chief Justice Hilario Davide.
Malice intended
Now Davide finds himself the subject of an impeachment complaint that
seems all politics and no substance. Accused mainly of "technical
malversion", diverting a portion of the Judicial Development Fund
(JDF) allotted to judicial employees to Supreme Court appurtenances (cars,
expensive chairs, summer-session cottages), the charges against Davide
have distended to include "malfeasance", "breach of public
trust", and "thoughtless extravagance". The complaint has
prospered despite having been railroaded through the House, despite the
Commission on Audit having already found the funds to have been properly
used, and despite a constitutional prohibition against impeaching the
same official twice within a year (the first complaint against Davide
had been filed by former president Joseph Estrada for the chief justice's
"illegal participation" in the swearing-in of current President
Gloria Macapagal-Arroyo). The complaint has prospered, despite the law
and normative procedure, because of politics.
Its sponsors and most of the 87 representatives constituting the one-third
of the House needed to lodge the complaint hail from the political opposition.
In particular, they hail from businessman Danding Cojuangco's Nationalist
People's Coalition (NPC). And Cojuangco, it would seem, has an ax to grind
with the chief justice.
Under Davide's watch, the Supreme Court declared public the funds Cojuangco
had used to buy P100 million worth of shares in the San Miguel Corp. In
a separate decision, the court voided a lucrative land-development contract
that Cojuangco's business partner had been positioned to control. There
are, of course, other reasons to explain opposition ire against Davide,
although none figure so centrally as his inauguration of the Arroyo presidency.
Evidence of conspiracy aside, what matters in this case, as in the Jose
Pidal case, is that a political grudge is being pursued with the veneer
of legality - that is, under the pretense of being the legitimate work
of a democratic institution. This is law being used as a force of disorder,
in order to undermine the rule of law.
A transplanted democracy
President Bush's acclaim of Philippine democracy cannot help but be a
sly pat on the United States' back as well. It was the Americans, after
all, who, during their administration of the Philippines (1899-1946),
established its democratic institutions after the image of their own democracy.
On Philippine soil, however, these institutions took on a distinctly Filipino
character, one not always consonant with democratic ideals.
Ironically, the introduction of a US Congress-style bicameral legislature
led to the consolidation of a national oligarchy. Sociologist Benedict
Anderson points out that a Philippine Congress "proved perfectly
adaptable to the ambitions and social geography of a mestizo nouveau riche",
a class fostered under Spanish colonial rule. Through their interactions
in Congress, these caciques, who heretofore controlled only their respective
local political fiefdoms, now enjoyed national-level exposure and access.
Consciousness of themselves as a ruling class deepened. At the same time,
by helping themselves to the opportunities at their fingertips, they defined
their relationship to the state. The character of post-independence cacique
democracy is revealed by the liberties it allowed itself: the manipulation
of exchange rates, the sale of monopolistic licenses, huge defaulted central-bank
loans, a sprawl of pork-barrel legislation, and an enormous, ineffectual
bureaucracy that doubled as a family employment agency. The effects of
cacique parasitism soon became apparent as the Philippine state slid into
decrepitude; Anderson notes: "from being the most 'advanced' capitalist
society in Southeast Asia in the 1950s, [the Philippines became] the most
depressed and indigent in the 1980s".
Only sustained US aid, investment and support held the enfeebled state
together. Political scientist Paul Hutchcroft writes that "the Philippine
status as an ex-colony and post-colonial client of the United States ensured
the survival of the central state ... wrapping it in a cocoon that insulated
it both from the need to guard against external threat and (because of
a steady flow of external resources) from the need to develop a self-sustaining
economy". Hence, the marriage of American electoralism to Spanish
caciquism enabled oligarchy-building at the expense of state-building.
Between democracy and disaster
The complaint against Davide demonstrates that Philippine democracy still
lacks the backbone of a state strong enough to regulate its rambunctiousness.
For the past three weeks, the House and the Supreme Court have been at
loggerheads over the constitutionality of impeaching Davide. One would
think the constitution is self-evident on the matter, and, were it not
for lawyers, it is: it explicitly prohibits the initiation of impeachment
proceedings against public officials twice within a year. Pro-impeachment
lawyers have muddled the waters, however, by questioning the meaning of
the words "initiated" and "proceedings".
In no time at all, a political witchhunt has become a turf war, with each
side brandishing the constitution. Last week, the Supreme Court issued
a status quo order blocking the transmittal of the impeachment complaint
to the Senate until its constitutionality had been resolved (by - who
else? - the Supreme Court). Congress chafed under the injunction, countering
that impeachment proceedings fall under its purview. The court went ahead
anyway, and early this week found the impeachment complaint unconstitutional.
Thankfully, Congress voted to junk the complaint, although most of its
initial supporters from the NPC remained stalwart in their position. They
lamented their defeat as a breach of the constitution. Representative
Jacinto Paras remarked ominously: "The people will have to resort
to other measures to effect a regime change."
Paras may have been more prescient than he intended. All this legal wrangling
is missing the point. This is more than a legal question; it is a moral
one. The fact that an impeachment complaint without solid legal basis
got to the point it did - to the point, very nearly, of real destabilization
- suggests that laws can be scuttled or twisted to serve malicious designs.
Given the law's promiscuity, then, how authoritative can it really be?
True, the House ultimately respected the Supreme Court's decision, and
thus, one could say, upheld the rule of law, but had the pro-impeachment
forces greater moral support, it is not unimaginable that they would have
imposed their will despite the law - and legalized their move after the
fact. One need not even imagine it; one need only recall the events that
installed Arroyo as president in 2001. This is, no doubt, precisely what
has tortured the opposition's imagination.
This sense, that laws lack sufficient moral authority, is nowhere more
clearly expressed than in each side's resort to drumming moral support
from that fourth and most authoritative branch of Philippine government:
the masses. People power has been mobilized both for and against the impeachment.
They even have their colors: red for impeachment, black against. The massing
of a crowd in black in front of the Supreme Court days after the impeachment
complaint was made known proved irresistible even for President Arroyo,
who discarded her neutrality to come out in support of Davide - and perhaps
to cash in on the cachet of his support.
Furthermore, the excitement over the issue has been so frenzied and unreflective
that a largely fabricated grievance has become more real. Court employees
have been on the cusp of staging a mass walkout since the controversy
began but have wavered because, according to Jojo Guerrero, president
of the Alliance of Court Employees Associations of the Philippines, "We
are still asking ourselves: Are we just being used or are we really not
getting enough of the JDF?"
While shows of people power curry moral weight for one side or the other,
they displace it from exactly where it should inhere: the law. Resorting
to extra-legal rah-rah squads undermines the authority of democracy's
legitimate conflict-resolution mechanism and licenses the politics of
perpetual crisis.
The Davide case well illustrates political scientist David Apter's observation
that "the moral basis of politics determines the meaning of legitimate
authority". It would seem that it takes more than just the right
institutions to found a civil democratic polity. A social consensus effectively
defining normative behavior is essential as well.
The opportunity to build this consensus is what the American colonial
regime denied Filipinos by building their institutions for them and calling
it democracy. Democracy cannot be given. Nothing spares a nation the tasks
and tumult involved in building its state, which, ultimately, is held
together more by the process of state-building than by the institutions
that have been built up. This process endows its institutions with authority.
This is the very process that the Philippines is now undergoing as it
walks the tightrope between democracy and disaster. George W Bush, overweening
in his eagerness to plant democracy in Iraq, would do well to consider
not just the light but the shadows cast by the first democratic nation
in Asia.
(Copyright 2003 Asia Times Online Co, Ltd. All rights reserved. Please
contact content@atimes.com for information on our sales and syndication
policies.)
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