NOT FOR ATTRIBUTION; FOR DISCUSSION PURPOSES ONLY

RE-THINKING PHILIPPINE ENVIRONMENTAL INSTITUTIONS: DO WE NEED TO REALOCATE MANDATES, POWERS, AND FUNCTIONS? Antonio G.M. La Viña, JSD World Bank CEA Workshop Manila June 16-17, 2008

Outline of Presentation Over-all Policy Framework Over-all Policy Framework Legal Framework Legal Framework Institutions Institutions Challenges, Issues and Recommendations Challenges, Issues and Recommendations Conclusion Conclusion

Over-all Policy Framework Goals of ENR management: Goals of ENR management: Environmental protection, economic development, promotion of social justiceEnvironmental protection, economic development, promotion of social justice Policy Instruments Policy Instruments ConstitutionConstitution Philippine Environmental PolicyPhilippine Environmental Policy Philippine Agenda 21Philippine Agenda 21 MDGsMDGs

Legal Framework Comprehensive body of laws Comprehensive body of laws Longer history of NR laws, as compared to environmental laws Longer history of NR laws, as compared to environmental laws Movement to Community Based approaches of NR laws Movement to Community Based approaches of NR laws Long history of EIA Long history of EIA “World class” new environmental laws on air, water, and waste “World class” new environmental laws on air, water, and waste

National Institutions Lead Agency: DENR Lead Agency: DENR Other national government agencies Other national government agencies Special, multi-jurisdictional and Multi-sectoral, coordinative bodies Special, multi-jurisdictional and Multi-sectoral, coordinative bodies Legislature Legislature Judiciary and Quasi-Judicial Agencies Judiciary and Quasi-Judicial Agencies Citizens and Citizen’s Organizations Citizens and Citizen’s Organizations Private Sector Private Sector

Local Institutions Special, multi-jurisdictional and Multi-sectoral, coordinative bodies Special, multi-jurisdictional and Multi-sectoral, coordinative bodies Citizens and Citizen’s Organizations Citizens and Citizen’s Organizations Private Sector Private Sector Local Governments Local Governments Devolved functions under Local Government CodeDevolved functions under Local Government Code Functions under environmental lawsFunctions under environmental laws

LACK OF RESOURCES Lack of Financial Resources Lack of Financial Resources Priority announced in policy unmatched by budgetary allocationPriority announced in policy unmatched by budgetary allocation Poor fiscal position: need for reform in demand and supply sidesPoor fiscal position: need for reform in demand and supply sides Lack of Human and Technical Resources Lack of Human and Technical Resources OffshootOffshoot Need to realign staffing patternsNeed to realign staffing patterns

Fixing the Institutional Mandates Overlapping mandates and poor coordination Overlapping mandates and poor coordination Sector-based planning and management Sector-based planning and management Towards spatially based management Towards spatially based management

Role of Local Governments Problems in devolution Problems in devolution Proposal: Proposal: Expanded role of LGUsExpanded role of LGUs CAPACITYCAPACITY Removal of DENR controlRemoval of DENR control Accreditation systemAccreditation system

Evolving the Role of DENR Role of DENR Role of DENR CatalystCatalyst ConvenorConvenor CoordinatorCoordinator RegulatorRegulator Remove utilization promotion functionsRemove utilization promotion functions

The Citizen Sector Role of the Public Role of the Public Need for greater access to environmental informationNeed for greater access to environmental information Improve monitoring and research Improve monitoring and research Freedom of information Freedom of information How to translate consultation requirements into meaningful participationHow to translate consultation requirements into meaningful participation

Role of Private Sector Beyond CSR – compliances through public disclosure and voluntary measuresBeyond CSR – compliances through public disclosure and voluntary measures Promote investment in ENR managementPromote investment in ENR management Scale up and expand market mechanismsScale up and expand market mechanisms

Role of Legislature and Courts Role of Legislature Role of Legislature Generally new laws not neededGenerally new laws not needed Most of needed reforms can be done through executive actionsMost of needed reforms can be done through executive actions Exceptions: Expanding devolution, redefining the role of the DENRExceptions: Expanding devolution, redefining the role of the DENR Green Courts – access to justice for the poor Green Courts – access to justice for the poor

Conclusions Comprehensive ENR policy and laws, but weak implementation and enforcement Comprehensive ENR policy and laws, but weak implementation and enforcement Continuing bias for maximum utilization imbedded in decisionsContinuing bias for maximum utilization imbedded in decisions Reforms to address financial, human and technical constraints: demand and supplyReforms to address financial, human and technical constraints: demand and supply The problem of leadership and transitions The problem of leadership and transitions

Conclusions Organizational structure impedes effective ENR management Organizational structure impedes effective ENR management Integrated, spatially based management unitsIntegrated, spatially based management units “New DENR”“New DENR” Local Governments as effective resource managers Local Governments as effective resource managers Enabling conditions and expanded rolesEnabling conditions and expanded roles Strengthened multi-sectoral partnerships Strengthened multi-sectoral partnerships