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NOT FOR ATTRIBUTION; FOR DISCUSSION PURPOSES ONLY

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

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NOT FOR ATTRIBUTION; FOR DISCUSSION PURPOSES ONLY

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  1. NOT FOR ATTRIBUTION; FOR DISCUSSION PURPOSES ONLY

  2. 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

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

  4. Over-all Policy Framework • Goals of ENR management: • Environmental protection, economic development, promotion of social justice • Policy Instruments • Constitution • Philippine Environmental Policy • Philippine Agenda 21 • MDGs

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

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

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

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

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

  10. Role of Local Governments • Problems in devolution • Proposal: • Expanded role of LGUs • CAPACITY • Removal of DENR control • Accreditation system

  11. Evolving the Role of DENR • Role of DENR • Catalyst • Convenor • Coordinator • Regulator • Remove utilization promotion functions

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

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

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

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

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

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