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Tourism Legislation and the Millennium Development Goals

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Tourism Legislation and the Millennium Development Goals Tourism Legislation and the Millennium Development Goals A G UI D E T O A N alY S E T OURIS M L E G IS lat I O N I N T H E CON T EX T O F T H E M D G 2 0 1 5 ta R G E T S John Downes A guide to analyse tourism legislation in the context of the MDG 2015 Targets A collaborative publishing and distribution project by: SNV Asia Pro-Poor Sustainable Tourism Network SNV Lao PDR PO Box 9781, Vientiane, Lao PDR and the Sustainable Tourism Cooperative Research Centre Griffith University, Gold Coast Campus Queensland, Australia. SNV is a Netherlands-based, international development organisation that provides advisory services to nearly 1800 local organisations in over 30 developing countries to support their fight against poverty. SNV is dedicated to a society where all people enjoy the freedom to pursue their own sustainable development. Our advisors contribute to this by strengthening the capacity of local organisations. The Sustainable Tourism Cooperative Research Centre is the world’s leading scientific institution delivering research to support the sustainability of travel and tourism. It is a not-for-profit company bringing together academic and industry participants as members and share holders in the company. Copies of this report will be available to purchase from the STCRC online bookshop [www.crctourism.com.au/bookshop] – simply search for the title to order. Principal author: John Downes, consultant for SNV Asia Pro-Poor Sustainable Tourism Network. The views expressed in this publication are those of the individual author and do not necessarily represent those of SNV. Edited on behalf of SNV Tara Gujadhur SNV Lao PDR Paul Rogers SNV Lao PDR Edited on behalf of STCRC Steve Noakes STCRC, Australia Sheena Day STCRC, Australia Copyright © CRC for Sustainable Tourism Pty Ltd and SNV 2006 All rights reserved. Apart from fair dealing for the purposes of study, research, criticism or review as permitted under the Copyright Act, no part of this book may be reproduced by any process without written permission from the publisher. Any enquiries should be directed to Steve Noakes [[email protected]]. Photos courtesy of SNV, STCRC, John Hummel, TRPAP and Suzanne Noakes ii TOURISM LEGISLATION AND THE MILLENNIUM DEVELOPMENT GOALS CONTENTS ABBREVIATIONS ______________________________________________________________ IV PREFACE ______________________________________________________________________ V BACKGROUND ________________________________________________________________ VI CHAPTER 1 THE MILLENNIUM DEVELOPMENT GOALS AND RELATED TARGETS 1 Introduction ___________________________________________________________________ 1 The Text of the Millennium Development Goals and Related Targets ______________________ 2 CHAPTER 2 SUSTAINABLE TOURISM DEVELOPMENT AND THE MILLENNIUM DEVELOPMENT GOALS_________________________________________________________ 5 Legal Frameworks ______________________________________________________________ 5 Global Code of Ethics for Tourism _________________________________________________ 6 UNWTO Global Code of Ethics and the MDGs _______________________________________ 7 CHAPTER 3 THE ROLE OF LAW IN THE SUSTAINABLE DEVELOPMENT OF TOURISM AND POVERTY ALLEVIATION _______________________________________ 14 Introduction __________________________________________________________________ 14 The Nature and Sources of National Legal Systems ___________________________________ 19 International Harmonisation and Best Practice _______________________________________ 21 The Role of Law in Tourism Development __________________________________________ 23 The Need for a Coherent Institutional and Legislative Framework________________________ 23 The Need for Institutional Capacity Building ________________________________________ 24 Institutional Regulation _________________________________________________________ 24 Essential Characteristics of a Good Law ____________________________________________ 26 Other Legal Issues Impacting on Tourism ___________________________________________ 27 Micro-Enterprises, SMEs and Human Resource Development ___________________________ 28 Trade Associations and Self-Regulation ____________________________________________ 29 CHAPTER 4 LEGISLATIVE MECHANISMS TO FURTHER THE MILLENNIUM DEVELOPMENT GOALS AND POVERTY ALLEVIATION TARGETS ________________ 32 CHAPTER 5 SUSTAINABLE TOURISM DEVELOPMENT POLICY AND THE MILLENIUM DEVELOPMENT GOALS ___________________________________________ 40 APPENDIX A: UNWTO GLOBAL CODE OF ETHICS FOR TOURISM ________________ 46 APPENDIX B: UNWTO DECLARATION: HARNESSING TOURISM FOR THE MILLENIUM DEVELOPMENT GOALS ____________________________________________56 APPENDIX C: UNCTAD – STATEMENTS BY THE SECRETARY GENERAL ___________58 LIST OF FIGURES Figure 1: Aims of Pro-Poor Development_______________________________________________ 6 Figure 2: The UNWTO’s Global Code of Ethics in Tourism ________________________________ 6 iii A guide to analyse tourism legislation in the context of the MDG 2015 Targets ABBREVIATIONS ASEAN Association of Southeast Asian Nations [comprising Brunei-Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.] CAFTA Central American Free Trade Agreement [encompassing the United States and the Central American countries of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and the Dominican Republic.] ECOWAS Economic Community of West African States [comprising Benin, Burkino Faso, Cape Verde, Gambia, Ghana, Guinea, Guinea Bissau, Ivory Coast, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo.] EIA Environmental Impact Assessment EU European Union [comprising Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, UK and Sweden.] GATS General Agreement on Trade in Services HIPC Heavily indebted poor countries IMF International Monetary Fund MDGs Millennium Development Goals MERCOSUR Southern Common Market. The acronym is Spanish, meaning “common market of the southern cone”. It is an organisation of South American states creating an economic trading community. It comprises Argentina, Brazil, Paraguay, Venezuela and Uruguay. Chile, Peru, Colombia, Ecuador and Bolivia are associate states. NAFTA North American Free Trade Area [comprising Canada, Mexico and the USA.] NGO Non-governmental organisation NTA National Tourism Authority NTO National Tourism Organisation OECD Organisation for Economic Cooperation and Development ODA Official development assistance PA Poverty Alleviation PATs Poverty Alleviation Targets SAARC South Asian Association for Regional Cooperation [comprising Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, Sri Lanka.] SADC Southern African Development Community [comprising Angola, Botswana, DR Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe.] SMEs Small and Medium-sized Enterprises. SNV Netherlands Development Organization STD Sustainable Tourism Development TRPAP Tourism for Rural Poverty Alleviation Programme UN United Nations UNWTO United Nations World Tourism Organization WTO-OMC World Trade Organization iv TOURISM LEGISLATION AND THE MILLENNIUM DEVELOPMENT GOALS PREFACE The idea for this publication came from a regional workshop organised by SNV’s (Netherlands Development Organization) Asia Tourism Network in the Lao PDR in June 2003. The workshop brought together advisors from SNV’s country offices in Bhutan, Nepal, Lao PDR and Vietnam and representatives from our client organisations including: Department of Tourism, Bhutan; Association of Bhutanese Tourism Operators; Nature Conservation Division, Bhutan; Nepal Tourism Board; Lao National Tourism Administration; Luang Prabang, Khammouane and Savannakhet Provincial Tourism Offices, Laos; Vietnam National Administration of Tourism; Tourism School, Hue; and IUCN Vietnam. An objective of the workshop was to develop new products and management tools to assist our clients in their day-to-day work. Considerable discussion focused upon our clients’ interest to develop clearer tourism laws, rules and regulations – indeed in June 2003 the governments of both Bhutan and Vietnam were initiating projects to write new tourism laws. Not surprisingly, discussions centred on the need to develop policies and legislation that would promote more sustainable forms of tourism development – and from these discussions it was recognised that few resources were available to help government technicians link and direct tourism law towards achieving the MDGs. Following the workshop, and some subsequent research, John Downes – a tourism law expert engaged by SNV and the UNWTO to advise the governments of Bhutan and Vietnam in their tourism law formulation – acknowledged the need and usefulness of a publication that would link tourism law to the MDGs. It was recognised that such a publication, in the form of a reference guide, would be especially helpful to countries that are new to the international tourism industry – which includes many countries in the Americas, Africa and Asia where SNV is active in the tourism sector. As a result, John Downes was engaged by SNV’s Asia Tourism Network to develop this publication. The report was then shared with the Sustainable Tourism CRC to explore opportunities for joint collaboration and determine if there was a market for the publication beyond the countries where
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