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Rethinking Philippine Environmental Institutions: A Call for Mandate and Function Realignment

This presentation, delivered by Antonio G.M. La Viña at the World Bank CEA Workshop in June 2008, explores the necessity of reallocating mandates, powers, and functions within Philippine environmental institutions. It addresses goals of environmental management, legal frameworks, institutional challenges, and recommendations for improvement. Highlighting the overlap of mandates and poor coordination, it proposes expanded roles for local governments, greater citizen participation, and strengthened partnerships with the private sector, aiming for more effective environmental governance and management in the Philippines.

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Rethinking Philippine Environmental Institutions: A Call for Mandate and Function Realignment

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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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