Key considerations on federalism<\/p>\n
By Jeffrey Winters<\/p>\n
CHICAGO (JP): Recently a broad coalition of students organized
\na national seminar to discuss federalism and autonomy. It is a
\nvery important national discussion. In the context of Indonesia's
\nhistory, it is also highly controversial.<\/p>\n
For some Indonesians, the word \"federalism\" means division and
\ndisunity. For others, it is seen as the only possible way to
\nmaintain national unity when regions are demanding autonomy and
\neven independence.<\/p>\n
Federalism is not a magic pill that cures all problems.
\nIndeed, federalism solves some problems and creates others.
\nUnder the right circumstances, federalism can help maintain
\nnational unity. It can also be a first step toward full regional
\nindependence.<\/p>\n
If federalism is attempted, it should be seen as only one
\ncomponent in resolving conflicts that can be very complex (and
\ndifferent from province to province). It would be unwise to put a
\nfederal system in place without thinking carefully about how it
\nfits with other components of an integrated framework.<\/p>\n
It is important to realize that federal systems exist in many
\nshapes and colors, depending on the specific arrangements between
\nfederal and provincial governments around the world. But there
\nare certain fundamental elements that define a system as federal.<\/p>\n
The first element is parallel structures of government. A
\ncentral (or federal) government consisting of legislature,
\nexecutive, and judicial branches exists side-by-side with state
\nor provincial governments with their own parallel branches.<\/p>\n
There is no structural or operational connection between the
\nbranches at the two levels. For instance, federal and provincial
\nexecutive branches can cooperate if they like. But by law they
\nare usually separate and autonomous.<\/p>\n
The second key element is a Constitutional division of powers.
\nBoth federal and state governments derive the powers they have
\nfrom the single federal Constitution. This means (in theory) that
\nthe powers of provinces are not \"on loan\" from the federal
\ngovernment, and cannot be taken back if presidents or policies
\nchange.<\/p>\n
The Constitution clearly states what powers the provinces have
\nand what powers the federal government has. Neither the federal
\ngovernment nor the states can change this division of powers
\nunilaterally. The only way is by amending the Constitution
\nthrough a process that involves the states in the amendment.<\/p>\n
Currently in Indonesia, only the People's Consultative
\nAssembly or the MPR can amend the Constitution. A federal system
\nwould change this so that states are formally involved in any
\nConstitutional amendment process.<\/p>\n
A third crucial elements is the need for clear provisions for
\nconflict resolution. The Constitution must also be explicit about
\nhow the judicial hierarchy will settle center-regional
\ndisagreements. It must also be clear about how and when the
\nfederal government is allowed to reassert its ultimate
\nsovereignty.<\/p>\n
There are many areas that must be decided carefully if
\nfederalism is to be stable. For example, is the right to make war
\nlimited only to the federal government? In theory, the USSR
\nrepublics had the right to wage war independently, though they
\nnever exercised that right. In the United States, only the
\nfederal government can wage war and conduct foreign policy.<\/p>\n
Also, how are government revenues collected and spent? And who
\nwill control the coercive elements of the system such as the
\npolice, the military, and intelligence agencies? Will there still
\nbe a centralized command for all police or will the executive
\nbranch of each province have independent control over police?
\nWill each province have its own attorney general? Will armies and
\nsoldiers only exist at the federal level?<\/p>\n
In the United States, each governor, who is the directly-
\nelected \"president\" of his or her state, has his own soldiers
\nwith the misleading name \"National Guard.\" All ordinary police in
\nthe United States are local city employees (except the FBI, who
\noperate as a federal police and intelligence force and are under
\nthe control of the federal Attorney General). In emergencies, the
\nfederal government can request backup from National Guard forces
\nin each state. But governors have the right and power to refuse
\nthe request. State governors can also ask the president to send
\nfederal soldiers in case of a severe emergency.<\/p>\n
As an interesting aside, in the early 1960s when President
\nKennedy was trying to force Southern U.S. states to allow blacks
\ninto public universities, a dangerous test of American federalism
\narose when one governor refused to follow the new federal law
\nagainst racism. He blocked the entrance to campuses using his
\nstate National Guard.<\/p>\n
President Kennedy phoned the governor and threatened that
\nfederal army troops would be used to protect the black students.
\nIt was possible that federal troops and state National Guards
\ncould start shooting each other. Fortunately the governor backed
\ndown, the black students were admitted, and no shots were fired.<\/p>\n
Another important question in federalism is how the judicial
\nsystem will operate. Which issues are violations of federal law
\nand which ones violations of provincial laws? And if federal and
\nstate laws are in conflict, which one is dominant and what is the
\njudicial procedure for deciding the outcome? And what role does
\nthe Supreme Court play in settling conflicts between federal and
\nstate government, as well as disagreements between the states
\nthemselves?<\/p>\n
Many people think federalism and decentralization are the same
\nthing. But this is not necessarily true. Federalism is a
\nConstitutional arrangement in which the rights and powers of the
\ncentral and regional governments are clearly defined and cannot
\nbe changed by either side unilaterally.<\/p>\n
But federalism can be highly centralized (meaning states or
\nprovinces have only the specific and limited rights granted
\nexplicitly by the Constitution) or it can be highly decentralized
\n(meaning states and provinces retain all rights not explicitly
\ngranted to the federal government). The latter is the U.S. model.
\nIt was the states (13 colonies, actually) that delegated limited
\npowers to the federal government, rather than the reverse. The
\nU.S. system was designed with a strong bottom-up flavor. All
\npowers not granted by the states to the federal government remain
\nthe powers of the states.<\/p>\n
Unitary systems are the opposite of federal systems. The key
\ndifference, again, is not the degree of centralization. It is
\npossible to have a highly decentralized unitary system, where
\nprovinces have been allowed a great deal of autonomy.<\/p>\n
The difference is that the Constitution does not formally
\ndivide the powers between the center and regions. In unitary
\nsystems, the central government is not Constitutionally prevented from
\ntaking powers from the states.<\/p>\n
Federal systems give strong guarantees of autonomy to states
\nand provinces because they are written explicitly into the
\nnational Constitutional, which cannot be changed without states
\nparticipating directly in the amendment
\nprocess.<\/p>\n
Unitary systems have much weaker guarantees of autonomy and
\nless definition in the boundaries of rights and powers between
\nlevels of government. A federal system makes states more bold
\nbecause they can operate according to the full rights granted to
\nthem by the Constitution.<\/p>\n
In unitary systems, provinces are more cautious because they
\nknow that even a central government that gives wide autonomy is
\nnot prevented by the Constitution from taking away the
\nindependence of the provinces due to conflict or frustration.<\/p>\n
The writer is a professor of political economy at Northwestern
\nUniversity in Chicago, the United States.<\/p>",
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