The saga of the Reproductive Health Bill: a blow or an affirmation of representative democracy? (Part 1)

by Ronald Jabal

The issue of the current Reproductive Health Bill remains a heated and controversial issue as the first RH bill that was ever filed in Congress. And the polemics between the pros and cons have always marred the passage of bill which remains crucial in population management - yet another policy issue that has remained elusive in a country that is exponentially expanding every year.

Central to this RH bill is political dynamics of the numerous actors involved from agenda setting up to policy adoption. However, what are not normally highlighted in the numerous debates are the roles of Congressmen (both from the House of Representatives and the Senate) i.e. should Congressmen listen to the overwhelming sentiment of the population most of whom are voters or should they listen to themselves and adopt a personal stand on this issue which is not supportive of the majority’s sentiment.

Clearly, the RH bill foregrounds the age-old dilemma of what is the real meaning of representative democracy.

Some political theorists argued that the proper function of the representative assembly in a true democracy is not to initiate policies on its own but only to register the policy preferences of the popular majority it represents.

This is sometimes called the Mandate Theory. In this view, as long as the representative assembly (i.e. Congress) confines itself to registering its constituent’s views, representation involves no significant departure from democratic principles. But when the assembly begins to make policy on its own, in either ignorance or in defiance of its constituents’ desires, it becomes a kind of oligarchy.

But others argued it is neither possible nor desirable in modern nation. For those who espouse “independence” theory, the representative must initiate – and not merely register policies. For them, representatives should exercise their judgment on public affairs independently and without surrendering the final decisions to their constituents

Clearly, this divide is shown in the RH bill debate.

The recent nationwide survey of Pulse Asia (October 2008) on the RH bill shows a number of results that should prompt Congressmen in both Houses to adopt RH as part of its agenda and move to pass the bill. The survey results that could be use to facilitate passage of the RH bill are as follows:

1. The Pulse survey says a big majority of Filipinos (82%) thinks government should not only educate couples regarding modern methods of family planning (both natural and artificial) but also provide them with services and materials on these methods.

This view is articulated by big to overwhelming majorities (76% to 91%) in all geographic areas and socio-economic classes. In addition, exactly the same percentage says that it is the government’s duty to provide the people with knowledge, services, and materials on modern methods of family planning.

Less than one in ten Filipinos (6% to 8%) disagrees with either view while indecision on these matters is expressed by 10% to 13% of Filipinos

2. The Pulse survey shows that about four in ten Filipinos (44%) say the government should pass a law specifying the number of children couples may have Only two in ten (19%) are undecided on the issue.

Across geographic areas and socio-economic classes, big pluralities to small majorities (45% to 58%) in Metro Manila, the Visayas, Mindanao, and Classes D and E favor the idea of government passing a law on the number of children couples may have.

3. The Pulse survey also once again shatters the alleged fear of Congressmen and Senators of an overwhelmingly backlash from the Catholics if they publicly support the RH bill. Results show that while 49% of Filipinos say couples should follow what their religion tells them about family planning, 44% are ambivalent as regards the possibility of their church or religion influencing their vote for a candidate advocating modern family planning methods.

This is a good indication that almost half of Filipinos are either ambivalent on the Church dictates or do not agree that couples are obliged to abide by the teachings of their religion on family planning

4. On top of the above-mentioned results, Congressmen and Senators should take refuge on the results that show when it comes to the impact of their church or religion on their decision as to whether or not to vote for a candidate supporting modern family planning methods, indecision is the predominant public sentiment at the national level (44%) and particularly in the rest of Luzon, the Visayas, and Classes D and E (42% to 52%).

5. Interestingly, Congressmen and Senators should take most important note of the results that show most Filipinos are aware of the reproductive health bill pending at the House of Representatives (68%) and are in favor of the bill (63%) and only 8% are not in favor and 29% are ambivalent on the matter.

Majorities ranging from 56% in the Visayas to 79% in Class ABC are in favor of the bill. Surprisingly, those 8% of who not supportive of the bill is not 100% against it. Based on the survey results, among the 8% of Filipinos who do not favor the proposed legislation, additional survey findings show that:

(1) 47% agree with the need to promote information and access to natural and modern family planning methods;

(2) 69% agree with the provision of the bill recognizing the rights of women and couples to choose the family method they want;

(3) about the same percentages either agree or disagree (36% versus 35%) with the inclusion of sex education in the school curricula; and

(4) 44% believe government funds should be used to support modern family planning methods. Indecision on these issues is expressed by 20% to 33% of Filipinos while disagreement is articulated by 10% to 35%. Public disagreement is most manifest in relation to the proposal to include sex education in the school curricula (35%)

If the survey results alone were to be used by Congressmen and Senators in the adoption of the RH agenda and its eventual passage, the RH bill will clearly pass both Houses and will soon be enacted into law.

If both Houses of Congress were only to reflect the sentiments of the majority of the Filipinos most of which are voters (and who most probably voted them in office), then the RH bill’s passage is as sure as the rise of the morning sun.