{"id":176518,"date":"2017-04-22T13:57:45","date_gmt":"2017-04-22T08:27:45","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=176518"},"modified":"2017-04-26T18:05:06","modified_gmt":"2017-04-26T12:35:06","slug":"should-we-have-socio-economic-rights-in-the-constitution","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/should-we-have-socio-economic-rights-in-the-constitution\/","title":{"rendered":"Should We Have Socio-Economic Rights In The Constitution?\u00a0"},"content":{"rendered":"<p class=\"p2\">Thank you very much for that welcome,\u00a0 It\u2019s great to be here in Colombo. I\u2019ve always liked the quality of intellectual dialog here very good.<\/p>\n<p class=\"p2\"><span class=\"s1\"> I was briefed that I should speak on incorporating <a href=\"https:\/\/www.colombotelegraph.com\/?s=Socio-Economic+Rights&amp;x=8&amp;y=8\">socio economic rights<\/a> in the constitution. What I\u2019m going to do is try and develop a conversation. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">I realize this is a subject of live and passionate debate in Sri Lanka. I\u2019m not going to directly talk about the Sri Lankan constitution for two reasons.<span class=\"Apple-converted-space\">\u00a0<\/span>First, because I\u2019m not equipped to do so. It requires an intricacy that I do not possess. Second, when thinking about constitutions in general the most important thing to realize is that a constitution is a social contract within a particular group of people. Because it is a social contract it has to reflect the historical specificity of that people\u2019s values, goals, aspirations and identities.<span class=\"Apple-converted-space\">\u00a0<\/span>There isn\u2019t as it a thing like a cookie-cutter template for constitution making. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">I often joke that one thing that saved India is the fact that it didn\u2019t have an army of constitutional consultants, in 1948 suggesting best case solutions from everything from federalism to separation of powers and human rights. Constitutions are social contracts, and part of what that means is that it needs to be legitimate in the eyes of the people who are going to be governed by that constitution. In that sense, the constitution and the choices you make about a constitution is fundamentally a political negotiation.<a href=\"https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2017\/04\/Prof.-Pratap-Bhanu-Mehta.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-176520\" src=\"https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2017\/04\/Prof.-Pratap-Bhanu-Mehta.jpg\" alt=\"\" width=\"639\" height=\"377\" srcset=\"https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2017\/04\/Prof.-Pratap-Bhanu-Mehta.jpg 639w, https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2017\/04\/Prof.-Pratap-Bhanu-Mehta-300x177.jpg 300w\" sizes=\"auto, (max-width: 639px) 100vw, 639px\" \/><\/a><\/span><\/p>\n<p class=\"p2\"><em>*Prof. Pratap Bhanu Mehta<\/em><\/p>\n<p class=\"p2\"><span class=\"s1\">Always be very suspicious of anyone who tells you that there is such a thing called a \u201cfirst-best\u201d constitution; a conception of constitutional validity that\u2019s independent of the legitimacy that the constitution exercises over its people. It\u2019s up to your elected representatives and the people of Sri Lanka to, in a sense, negotiate their way into a settlement.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">The test of an enduring constitution is simple: Ask the question<i> \u201cdo all those governed by a constitution feel that it\u2019s one that they have chosen?\u201d<\/i> And <i>\u201care they exercising their rights as free and equal citizens?\u201d<\/i> It shouldn\u2019t be up to experts or people with constitutional authority to prescribe an ideal form of a constitution. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">What we could do is share what different experiences will look like, and what those experiences might mean when you think about a new constitution in Sri Lanka.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">What I will speak on in the next 20 minutes or so is on the following:<\/span><\/p>\n<ul>\n<li class=\"li4\"><span class=\"s1\">How should we frame the debates over economic and social rights in the constitution?<\/span><\/li>\n<li class=\"li4\"><span class=\"s1\">About the Indian case and possible lessons from that for Sri Lanka or any other constitution making progress.<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">End with a couple of suggestions regarding things to think about in the Sri Lankan debate.<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">Now historically, the way the debate over socio economic rights in the constitution have been framed in three ways. On the question should social and economic rights be constitutionalized, the first framing is kind of <i>teleological, <\/i> this is the standard textbook constitutional history that everybody is taught. It goes something like the following: they say, first generation constitutions, like the American constitution, are concerned with Civil liberties and rights, etc<span class=\"Apple-converted-space\">\u00a0 <\/span>&#8212; negative liberties &#8212; freedom of expression and representative government. But as the ambit of social citizenship expands, we add more rights to common basic core political rights. This expansion on the language of rights is very much reflected in rights discourse around the world. It\u2019s reflected in International Human rights covenants, you have economic and social rights as part of the UN declaration of human rights, etc. So the later a constitution is written &#8212; for example South Africa or Kenya &#8212; the more likely it is to contain social and economic rights.<span class=\"Apple-converted-space\">\u00a0 <\/span>So one framing of the question of those rights is this is part of some natural progressive teleology of improvements in constitutional making. The first set of constitutions were concerned with tyranny, so they emphasized liberty. Later constitutions came to realize that you actually can\u2019t emphasize liberty without capturing at least some form of substantive equality and that\u2019s why this growing trend towards greater constitutionalization in economic and social rights is a natural teleology you can\u2019t escape it, some argue. That\u2019s the kind of a historian\u2019s tracing.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">There is a philosopher&#8217;s tracing of this; which is often a little bit skeptical of the idea of constitutionalizing economic and social rights. It\u2019s a bit skeptical because traditionally philosophers have made distinctions between what we call civil and political rights and economic and social rights. This is largely on account on the content and character of the rights. So the basic intuition is, socio-economic rights are harder to constitutionalize because they are a lot more polycentric, you might say you have a right to health but it\u2019s not clear what a right to health might amount to, it\u2019s not clear how you would make it justiciable. So even if you agree with the principle, institutionalizing or realizing that right involves a more complicated set of considerations than say in freedom of speech. Where basically the court order itself provides itself provides you with protection and instantiation of that right. That\u2019s a very conventional distinction and that\u2019s how philosophers have framed it.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">The third framing is what you may call a more ideological framing of the story. The ideological framing implies that economic and social rights define the difference between left and right in politics. So we think of the right as &#8212; I\u2019m speaking in terms of the \u2018economic right\u2019 &#8212; a bit more skeptical economic rights. Because socio economic rights in this view typically enhances state power. It licenses the state to intervene in order to produce much more substantive equality. A lot of heat and passion is generated around these debates.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">What I want to submit to you very briefly is that I think all three of these are a wrong way of posing the question. We did some empirical work on the instantiation of social and economic rights as well. The proper question to ask is \u201cWhat is the problem that constitutionalizing economic and social rights meant to solve?\u201d <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">I think the ideological divisions<span class=\"Apple-converted-space\">\u00a0 <\/span>around social and economic rights can sometimes be exaggerated. I think it\u2019s fair to say that In the 21<\/span><span class=\"s3\"><sup>st<\/sup><\/span><span class=\"s1\"> century any state has to meet a basic legitimation demand.<span class=\"Apple-converted-space\">\u00a0 <\/span>And part of the basic legitimation demand will have to be the provision of opportunities for economic empowerment. Rights to health, education, maintenance of the environment and so forth. It\u2019s hard to imagine any 21<\/span><span class=\"s3\"><sup>st<\/sup><\/span><span class=\"s1\"> century state that does not have to meet these objectives as part of instantiating their own legitimacy. The question however is, are those goals met by putting<span class=\"Apple-converted-space\">\u00a0 <\/span>socioeconomic rights in the constitution?<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">So we could all agree &#8212; this is an important point to begin with &#8212; It\u2019s good to have the best healthcare for all citizens as equitably as possible, nobody disagrees with the need to disseminate education as widely as possible, very few people would also disagree that you need some sensible labor regulation, workplace regulations and so forth. The specific question is \u201care you more likely to achieve those objectives, if you actually constitutionalize them\u201d?. If you put them as part of the constitution rather than leaving it to the normal <i>hurley burley<\/i> of representative politics?\u201d That\u2019s the core question. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Now the short answer to this question if you look at comparative empirical evidence turns out to be, the very boring answer that most social sciences give to every question which is \u201cit depends. Under what conditions\u201d? and usually the answer throws up a paradox. It\u2019s precisely those countries that would\u2019ve achieved these goals &#8212; health, education, etc. &#8212;<span class=\"Apple-converted-space\">\u00a0 <\/span>even in the absence of constitutionalized social rights that also do better when you constitutionalize them. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">What do I mean by this? In countries like India &#8212; I think it\u2019s probably true of Sri Lanka and almost all developing countries &#8212; South Africa, Kenya, etc. Part of the fascination with constitutionalizing more and more rights comes from a feeling of deep state failure. Most countries that have achieved a lot of these rights like Social democracies of Scandinavia, advanced developed countries, actually did them without constitutionalizing these rights.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">So the idea that constitutionalizing a right is a necessary condition for achieving a particular goal is simply a false idea. We have a fascination for constitutionalizing it because we think that in the absence of making it a justiciable constitutional right, our ministers, legislators and MPs won\u2019t create the condition for this realization. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">So this context is very important because the discourse of rights in developing countries emerges from a history of state failure. We want to go to courts because our legislatures<span class=\"Apple-converted-space\">\u00a0 <\/span>won\u2019t give us these things; that\u2019s the master narrative. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">The paradox is, if you\u2019re in a country where the legislators do not give you these as part of the normal give and take of representative politics, It\u2019s highly unlikely that even if you constitutionalize them and make them justiciable, you\u2019ll actually have the effective institutions that can deliver these rights in the first place.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">So the idea that rights can be a substitute for broad scale governance reforms needs to be challenged frontally and squarely. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">In India if you did a poll amongst academics particularly of those who favor constitutionalizing rights and those who don\u2019t. Typically lawyers love to constitutionalize rights. They want more and more rights written into the constitution. Economists and political scientists are a lot more skeptical -I\u2019m over generalizing a bit.<span class=\"Apple-converted-space\">\u00a0 <\/span>In part because economists and political scientists are concerned about the consequences.<span class=\"Apple-converted-space\">\u00a0 <\/span>So keep in mind this as a summary proposition. If you think that constitutionalizing rights is going to be a substitute for solving the governance problem where your legislator is not delivering, then I think you\u2019re in for a rude shock. This is largely what the comparative evidence is telling us. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Taking India for example, in their debate over these rights in the year 1950, they did not constitutionalize socio economic rights. Instead there was something<span class=\"Apple-converted-space\">\u00a0 <\/span>called \u201cdirective principles of state policy.\u201d It\u2019s worth asking why India didn\u2019t constitutionalized socio economic rights in 1950.\u00a0<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">B.R Ambedkar, the architect of the Indian constitution in his earlier work was inclined upon expansive constitutionalization of these rights. But when it came to the constituent assembly, he changed his position. There were two intuitions behind his change of positions that I think is very instructive for any debate on this question. He basically argued that these rights ought to be framed institutionally rather than philosophically or ideologically. What did he mean by that?<span class=\"Apple-converted-space\">\u00a0 <\/span>Two things.\u00a0<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">First, he argued if you are constitutionalizing social and economic rights and making them justiciable, you are implicitly trusting courts to deliver on those rights more than legislatures.<span class=\"Apple-converted-space\">\u00a0 <\/span>The question to ask is, under what conditions is that trust justified? Why do we think we should trust judges more than we trust our politicians? This is not an easy question to answer. The reason lawyers and middle classes like these rights is because we think, somehow judges as a class as a virtue of that institution will be insulated from politics. Because they are insulated from politics, they can deliver those that things we want to deliver. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Ambedkar was skeptical of that idea. He was not saying judges are bad or that they can\u2019t be trusted. But he felt if a society reaches a point where you feel like you need to put trust more on judges than your politicians, then there\u2019s probably a deeper corrosion of democracy anyway &#8212; You are in much bigger trouble.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">The second reason he changed his mind was,<span class=\"Apple-converted-space\">\u00a0 <\/span>he felt that in any society, there\u2019s a difference in opinion over economic matters. In India\u2019s constituent assembly for example,<span class=\"Apple-converted-space\">\u00a0 <\/span>we have communists, socialists, free market liberals, capitalists &#8212; people who want stronger property rights protection, etc.<span class=\"Apple-converted-space\">\u00a0 <\/span>and Ambedkar\u2019s basic argument was that a constitution shouldn\u2019t pre-judge many of these choices. We could all agree that having more health care, education, worker\u2019s welfare are good ideas. But we might disagree on the institutional architecture that\u2019s going to produce that outcome. His worry was that deep entrenchment of these rights in a constitutional structure, abridge that democratic and political discussion. That what that best solution should ultimately emerge out of democratic politics. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Second It should be open to iterative re-examination. So for example, sometimes we strengthen property rights,<span class=\"Apple-converted-space\">\u00a0 <\/span>but it doesn\u2019t work and global economic circumstances change &#8212; we might have to change our stance. To take a controversial example. One of the rights that\u2019s discussed a lot is workplace protection. In terms of increasing a worker\u2019s bargaining power, now let\u2019s say we could all as a society agree that this is a good thing. We could actually still disagree on what would best achieve that outcome.<span class=\"Apple-converted-space\">\u00a0 <\/span>If your economic analysis says for example,<span class=\"Apple-converted-space\">\u00a0 <\/span>as is currently discussed, say your employment elasticity of capital is falling. You have \u2018Jobless growth\u2019. Therefore you need a form of social protection that detaches income from employment &#8211;This is the debate over Universal Basic Income &#8212; you might come to a different view of what employer employee relationship should be. Your argument might be giving people a basic income actually enhances their bargaining power and that this is better than putting stringent minimum wage restrictions and placing the onus on the employer.<span class=\"Apple-converted-space\">\u00a0 <\/span>Now you have two different models of enhancing the workers bargaining power. How do you decide which is correct? Ambedkar\u2019s basic point was, this a kind of thing that needs to be amenable to iterative learning.<span class=\"Apple-converted-space\">\u00a0 <\/span>The danger of constitutionalizing is that you may be doing so on premises that actually shift very fast. Because economies change and so forth.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">My view judging by the Indian experience is that I think this way of thinking;<span class=\"Apple-converted-space\">\u00a0 <\/span>The two questions of<span class=\"Apple-converted-space\">\u00a0 <\/span><i>\u201cAre courts going to be better guarantors of rights than legislators?\u201d<\/i>, and secondly \u201c<i>Is the nature of this problem such that it should be open to quick iterative learning and democracy rather than be fixed in stone by a set of constitutional principles?\u201d <span class=\"Apple-converted-space\">\u00a0 <\/span><\/i>That is the reason why, we in India ended up with directive principles of state policy.\u00a0<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">The subsequent history of Indian legislation is kind of interesting. And offers an interesting lesson for Sri Lanka. So India ends up with the following Paradox.<span class=\"Apple-converted-space\">\u00a0 <\/span>India includes the right to property in the constitution in 1950, we did not constitutionalize socio economic rights.<span class=\"Apple-converted-space\">\u00a0 <\/span>But by the 1990s the reverse had happened.<span class=\"Apple-converted-space\">\u00a0 <\/span>The Supreme Court using its powers in a manner Ambedkar feared it might, started reading all these rights into the Indian constitution. The court took article 21 which says we have a right to life. The courts said that can\u2019t simply mean the right to bare subsistence. And through that right it many began to read almost every right into the constitution. It promulgated a right to shelter, health, environment, education and we even the right to sleep &#8211; a famous supreme court judgement where there&#8217;s a right to sleep undisturbed.<span class=\"Apple-converted-space\">\u00a0 <\/span>So the courts read a whole series of rights into the constitution.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">On the right to property something interesting happened. India weakened its power on the right to property, because it was thought to be a weapon that could be used to protect the privileges of the people. So they wanted to weaken this right to enable redistribution of property. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">But looking back into the last 70 years, this is the biggest paradox.<span class=\"Apple-converted-space\">\u00a0 <\/span>By weakening the right to property, it allowed the state to dispossess the poor much more easily than they dispossessed the rich. The state used its power of eminent domain not just for infrastructure projects but for helping all kinds of<span class=\"Apple-converted-space\">\u00a0 <\/span>private developers. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">In socio economic rights the Supreme Court has pronounced a whole series of rights. And the question to ask is has Indian governance improved as a result of the promulgation those rights? now this is a complicated empirical question, but my short answer would be &#8212; very little.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">So here\u2019s the paradox. The court pronounced the right to education. We now have a right to education bill as a result. But this bill was passed the day India\u2019s enrollment in primary education had already reached 100%. So the right came after the fact, but more importantly, the right focuses is largely on the input side of education. So you must have a school of such square foot area, but this has absolutely no bearing on learning outcomes. In fact India\u2019s learning outcomes have worsened after that right was pronounced. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Similarly in the right to environment; ask yourself, how does India with the most progressive environmental laws in the world, ended up with the filthiest air and water in the world?<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">On the right to health, to be fair in the supreme court\u2019s interventions, certainly puts a little bit of pressure on the executives to answer for administrative lapses. But the constitutionalization of that right has not led to the creation of a better public health system.<span class=\"Apple-converted-space\">\u00a0 <\/span>In short, what I\u2019m saying is that the very governance pathologies that prevented us from doing well with those rights in the first place are reproduced when the courts try to administer these rights. Partly because beyond a certain point they don\u2019t have the power to enforce these rights. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">If you look at the contemporary moment in the constitutionalization, we face another paradox which<span class=\"Apple-converted-space\">\u00a0 <\/span>John Gardner calls as the paradox of legality versus Juridification. Society is becoming more juridified, we are bringing more things under the rubric of justiciable rights. Yet the domain of illegality is increasing, and part of the reason is &#8212; this is a feature of socio economic rights &#8212; that you can promulgate these rights, but beyond a certain point the courts don\u2019t have the power to design appropriate remedies. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">As an example, in India the court pronounced this magnificent right to livelihood and right to shelter. Great rhetoric. But what was the remedy the court provided?<span class=\"Apple-converted-space\">\u00a0 <\/span>Well, it\u2019s basic few things like, adopt due process, before you evict people give them six weeks notice instead of four, etc. But the crucial point is, in social and economic rights around the world,<span class=\"Apple-converted-space\">\u00a0 <\/span>South Africa is presented as this magnificent example, it has the most progressive social rights constitution &#8212; the gap between rights and remedies the court prescribes gets wider. So you have this paradox, as a citizen thinks he or she is entitled to a right. But it\u2019s subversion of rule of law to say I have the right but I don\u2019t know what remedy is going to be attached to it.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">I\u2019m going to conclude with a couple of thoughts. In sum, empirically there\u2019s very<span class=\"Apple-converted-space\">\u00a0 <\/span>little evidence to say that constitutionalizing social and economic rights makes a huge difference to governance. If it does, it does so at the margins. It does have expressive value, it can sometimes allow the courts to hold the executive to account for procedural matters.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">But If you believe that constitutionalizing will compensate for those governance deficits ,and one reason we like to constitutionalize rights is because this is governance on the cheap.<span class=\"Apple-converted-space\">\u00a0 <\/span>The idea is all you have to do is put an article in the constitution. All lawyers will declare victory, civil society will be happy because there\u2019s this great focal point.<span class=\"Apple-converted-space\">\u00a0 <\/span>What happens after that? That remains the unresolved question. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">When I was reading the Sri Lankan select committee report, it had great emphasis on rights that need to be protected. Right to privacy and so on. One thing that struck me was, the fact that perhaps it\u2019s inevitable to have some form of socio economic rights in any 21<\/span><span class=\"s3\"><sup>st <\/sup><\/span><span class=\"s1\">century constitution. The momentum in that direction is rather high.<span class=\"Apple-converted-space\">\u00a0 <\/span>My only recommendation for consideration is the following: If indeed a constitution does end up putting these rights in the constitution, it should at the same time provide a clear legislative framework to put underneath it. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Just to take one example, having the right to health, what does that right entail? The European drafting on this (ECHR) says everyone has the right to preventive health care. The right to benefit from medical treatment under conditions established by national law and practices. It\u2019s a conditional right. What you need to do is specify what the national law and practices are.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Otherwise you might end with the same paradox Brazil ended up with. In Brazil the right to health is the most litigated. Every study is finding that promulgation of the right to health ended up benefiting the privileged more than it benefited the poor. Why? Because it\u2019s an unspecified right to health. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">You may show up in court saying \u201cLook, I need an expensive dialysis machine, given the disease I have\u2026\u201d If the court is dealing with the case individually, it can use the right to health, right to life as a basis to grant you that relief. But that relief comes at a cost. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">So unless a right, whatever the right maybe, it&#8217;s not just important that it\u2019s not open ended in the constitution, it should very carefully put underneath it a legislative framework that specifies what those national law and priorities are. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Because otherwise you risk having Ambedkar\u2019s worst nightmares. Where you have the economy governed by courts.<span class=\"Apple-converted-space\">\u00a0 <\/span>Power taken away the legislature and democratic process. And a perverse outcome where the right can be used more as it were to buttress the rights of the privileged rather than to protect the weak and vulnerable, which was what that right was meant to do.<\/span><\/p>\n<p class=\"p2\"><em>*The transcription of Prof. Pratap Bhanu Mehta&#8217;s lecture organised by <span style=\"font-weight: 400;\">Advocata Institute\u00a0<\/span>in Colombo on the topic <b>&#8220;Implications of incorporating Socio Economics Rights in the constitution&#8221;\u00a0<\/b><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p> [&hellip;]<\/p>\n","protected":false},"author":22,"featured_media":176523,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,46,8],"tags":[],"class_list":["post-176518","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-colombotelegraph","category-constitutional-reforms","category-editorial"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v26.3 - 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