Laws Relevant to Tourism Planning PDF

Laws Relevant to Tourism Planning Laws Relevant to Tourism Planning – understanding the laws, policies, and requirements is a foundation for successful tourism planning and implementation. − There are a number of laws that affect tourism because of its multi-dimensional nature. 1. Republic Act...

Laws Relevant to Tourism Planning Laws Relevant to Tourism Planning – understanding the laws, policies, and requirements is a foundation for successful tourism planning and implementation. − There are a number of laws that affect tourism because of its multi-dimensional nature. 1. Republic Act 9593: “Tourism Act of 2009” − “An Act declaring a National Policy for Tourism as an Engine of Investment, Employment, Growth and National Development, and Strengthening the Department of Tourism and its attached agencies to effectively and efficiently implement that policy, and appropriate funds therefor. Section 2. Declaration of Policy – the State declares tourism as an indispensable element of the national economy and an industry of national interest and importance, which must be harnessed as an engine of socio-economic growth and cultural affirmation to generate investment, foreign exchange and employment, and to continue to mold an enhanced sense of national pride for all Filipinos. Coverage: 1. Preferential treatment to the employment of Filipino nationals. 2. Prevention of exploitation of women and children in tourism. 3. Full government assistance by way of competitive investment incentives. 4. Responsible tourism as a strategy for environmentally sound and community participatory tourism programs, which include indigenous people(s). 5. Stronger tourism councils and the participation of non-government organizations (NGOs), people’s organizations (POs), and the private sector in initiating programs for tourism development and environmental protection. 6. Progressive development of existing civil aviation, land, and sea transportation policies as they relate to tourism. Example of NGO: SSTDI The Society for Sustainable Tourism & Development, Inc. (SSTDI) – is a not-for-profit, non-governmental organization providing training and capacity building for public and private stakeholders to attain excellence in sustainable tourism and development, environmental conservation and stewardship (to help mitigate climate change), social equity and responsibility as well as economic growth. 7. Boosting the convention-handling capability of the country as a world-class convention center. 8. Balanced tourism development between urban and rural areas as a strategy to alleviate poverty and reduce regional imbalances. 9. Capability-building of local government units (LGUs) in partnership with the private sector in the management of local tourism projects and initiatives. 10. International standards of excellence in all tourism facilities and services. 11. International business relations through partnerships, joint ventures, and other cooperative undertakings involving local and foreign investors. 12. Sustainable funding mechanism for the implementation of tourism policies, plans, programs, projects, and activities. − RA 9593 also describes the National Tourism Organization machinery. − It is important for tourism planners and developers to know the government agencies that they have to deal with at each stage of tourism development from planning to monitoring. − The leading agency for tourism development and promotion is the Department of Tourism (DOT). − Eight (8) agencies of DOT: 1. Tourism Infrastructure and Enterprise Zone Authority (TIEZA) 2. Tourism Promotions Board (TPB) 3. Duty Free Philippines Corporation (DFPC) 4. Intramuros Administration (IA) 5. National Parks Development Committee (NPDC) 6. Nayong Pilipino Foundation 7. Philippine Retirement Authority (PRA) 8. Philippine Commission on Sports Scuba Diving (PCSSD) − Other Key Provisions: 1. New attached agencies of DOT: PRA (Philippine Retirement Authority) PCSSD (Philippine Commission on Sports Scuba Diving) 2. Expanded Private Sector Representation: − Composition of the TPB and the TIEZA boards ✓ Accommodation enterprises, travel and tour services, tourism transport services, convention and exhibitions services and suppliers, and other tourism enterprises. 3. Capacity-building for LGU’s: − A more active role for local government units in tourism planning. 4. Compulsory accreditation for primary tourism enterprises to obtain accreditation from the DOT for quality assurance of facilities and services. 5. Tourism Officers – requirement for every province, city, or municipality, in which tourism is a significant industry, to have a permanent position for a tourism officer. 6. Tourism Enterprise Zone (TEZ) – an area with a contiguous territory of at least five hectares in size, has historical and cultural significance, environmental beauty, and existing integrated leisure facilities. − 2 Types of Tourism Enterprises: Tourism Enterprise – facilities, services, and attractions involved in tourism, such as but not limited to travel and tour services, tourist transport services, tour guides, adventure sports services, convention organizers, accommodation establishments, tourism estate management services, restaurants, shops and department stores, sports and recreational centers, spas, museums and galleries, theme parks, convention centers, and zoos.  1. Primary Tourism Enterprises – travel and tour services; tourist transport services, tour guides, adventure sports services, convention organizers, accommodation establishments, tourism estate management services, and such other enterprises as may be identified by the Secretary after due consultation with concerned sectors. 2. Secondary Tourism Enterprises – all other tourism enterprises not covered by the preceding subsection. − 2 Types of TEZ: 1. Greenfield Tourism Zone – a new or pioneer development as determined by the TIEZA. 2. Brownfield Tourism Zone – an area with existing infrastructure or development as determined by the TIEZA. 2. Republic Act 7586: “National Integrated Protected Areas System Act of 1992” − It provides that tourism may be allowed in protected landscapes or seascapes. Protected Landscapes/Seascapes – are areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through the recreation and tourism within the normal lifestyle and economic activity of these areas. − Subject to restrictions to ensure minimal impact on the environment. 3. Presidential Decree 1151: “Philippine Environmental Policy” Philippine Environmental Policy – states that all agencies and instrumentalities of the national government, including GOCC’s, as well as private corporations, firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detailed statement on the environmental impact of the proposed action, project, or undertaking. 4. Republic Act 9729: “Climate Change Act of 2009” − Enacted in line with the UN Framework Convention on Climate Change. − Response to address the vulnerability of the Philippines to the impacts of climate change such as rising seas, changing landscapes, severity of droughts, fires, floods and storms, climate related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the country’s environment, culture, and economy. 5. Republic Act 7611: “Strategic Environmental Plan for Palawan Act” − Specific to the province of Palawan, which is regarded as Philippines’ last frontier. − There are only certain zones where tourism activity is only allowed. − Protection and development control over the whole Palawan, including its tribal lands, forest, mines, agricultural areas, settlement areas, small island mangroves, coral reefs, seagrass beds, and the surrounding seas. − Terrestrial, Coastal/marine area, Tribal ancestral lands. − Other Environmental Laws: RA 8749: The Clean Air Act of 1999 RA 9275: Philippine Clean Water Act of 2004 RA 9003: Philippine Ecological Solid Waste Management Act of 2000 6. Republic Act 9710: “The Magna Carta for Women” − Emphasizes the value of Gender Equality and Women Empowerment. − It affirms the role of the women in nation building and ensures the substantive equality of women and men. 7. Republic Act 8371: “The Indigenous People’s Act of 1997” − Protects the rights of indigenous peoples (IPs) on their ancestral lands. − Recognizes that IPs must be protected from discrimination, and for their customs, traditions, values, beliefs, interests and institutions to be respected. The Ethno-Linguistic Groups in the Philippines − 110 ethno-linguistic groups. − About 11 million or more than 10% of the national population. − Major groups of IPs in the Philippines: 1. Igorot – CAR 2. Aeta – Zambales, Bataan, and Pampanga 3. Caraballo groups – Northeastern Luzon 4. Dumagat – Eastern Luzon 5. Mangyan – Mindoro Island 6. Palawan groups (Tagbanua) – Palawan 7. Ati and Tumanduk – Panay Island 8. Lumad – Mindanao 8. Republic Act 7277: “Magna Carta for Disabled Persons” − Tax Incentives are provided to private entities that employ Persons with Disabilities (PWDs). − Improve or modify physical facilities to provide reasonable accommodation for disabled person. − The requirement for public and private structures to have specially designed ramps, toilets, parking space, and other facilities for PWDs. − The prohibition of discrimination of PWDs in sea, land, and air transportation facilities in the form of higher fares or refusal to convey the passenger, and personal effects and merchandise by reason of his disability.