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Philippine Solidarity Network of Aotearoa

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Issue Number 23, November 2003

Kapatiran Issue No. 23, November 2003

THE STRUGGLE TO KEEP LAND OUT OF FOREIGNERS’ HANDS
- Murray Horton


Wearing my other hat (Campaign Against Foreign Control of Aotearoa – CAFCA), I am regularly asked by the media to comment on the seemingly endless procession of sales of prime New Zealand rural land to foreigners. They always ask me how do our laissez faire policies on land sales compare with other countries.

So it’s instructive to look at the Philippines. It has a national patrimony clause in its Constitution. There is a campaign being waged by certain politicians, backed by American and European business interests, to remove that. Resistance is fierce.

“The provision bans foreigners from owning land in the Philippines; limits participation by foreigners in enterprises engaged in the exploitation of natural resources to 40% (60% must be owned by Filipinos); bans foreigners from owning mass media companies; limits foreign equity in public utility companies. It was this provision that prevented the sale of the Manila Hotel to a Malaysian corporation. It is this constitutional provision that prevents foreigners from owning vast tracts of land, digging up our mountains to extract mineral ores, and plundering our seas. It is this provision that prevents foreigners from practically owning our country and making us Filipino serfs and servants in our own land.

“Remove that provision in the Constitution and we would be like the biblical Hebrews in Egypt, mere slaves of the Egyptians. The only difference is that the Hebrews were in the land of Egypt, whereas we would be in our own land but lorded over by foreigners.

“…I know there would be gullible and colonial-minded Filipinos who would welcome an American takeover of the Philippines, because then we would have snow and white Christmases, apple and orange and chestnut trees would grow in our backyards, we would all be American citizens and speak slang English and receive our pay in dollars, but most of us won’t be owning the residential lots and homes we live in. The foreigners will. We couldn’t afford to buy them as prices soar, because the whole country would be open to foreign buyers. Most of us would be mere employees working for the foreigners or, worse, probably squatters in our own land. Will we allow that to happen?”… (Philippine Daily Inquirer, 31/7/03; Neal H Cruz, Opinion).

The Constitution was amended to allow foreigners to lease (but not own) land, and that was only achieved after a fierce struggle. New Zealand has no equivalent of the national patrimony clause, and there are no restrictions on foreigners owning up to 100% of mass media companies or public utility companies. There are some restrictions on enterprises engaged in the exploitation of natural resources (fisheries is the specific restricted sector). There are virtually no restrictions on foreigners owning land in New Zealand. We would do well to learn from the Philippines.

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