1617 September 2002

1
ENVIRONMENTAL LAW-MAKING WITH A DIFFERENCE

• 16-17 September 2002
• Hanoi, Vietnam
• 2nd ASEM International Forum on
• Public Participation
• Ms. Roselita C. Paloma

Committee Secretary, Committee on Ecology, House
of Representatives, Congress of the Philippines
2
Development Environmental Protection Can
Simultaneously Happen

• 1992 Earth Summit paved the way for Sustainable
  Development Framework. . .
• Despite diversity of interests, various sectors
  of society are one in supporting such framework.
• Nevertheless . . . the concept only means
  different things to different people.

3
Philippine Lawmakers Have Also Accepted This
Framework

• Goals of the process
• To integrate the framework into policies, and
• To ensure that public participation and sectoral
  involvement are made an integral part of
  law-making process.
• This report discusses
• The process with Technical Working Groups (TWGs)
• How public participation comes into the picture
  of law-making under Philippine scenario
• Results Environmental laws which are products
  of these initiatives
• Conclusions Insights about the importance of
  public participation, citing the essentials and
  how such can make a difference in environmental
  law-making

4
ENVIRONMENTAL LAW-MAKING WITH A DIFFERENCE

• The Process

5
The Process Technical Working Group (TWG)

• Philippine Lawmakers provide for broad-based
  participation at the Committee level through a
  Technical Working Group (TWG)
• A multi-sectoral body that renders hands -on
  technical support to the Committee.
• The TWG has been an effective venue, for public
  participation and to assist legislators make
  environmental laws that are effective,
  enforceable and responsive . . .
• . . . to the concerns of the various
  stakeholders.
• How does the TWG fit into the legislative process?

6
The Process THE LEGISLATIVE PROCESS

• In the Philippines, legislative power is in the
  Congress a Senate and a House of
  Representatives.

HOUSE OF REPRESENTATIVES
SENATE

• Both chambers have their respective
  subdivisions called Committees.

7
The Process COMMITTEES and READINGS

• Bill must pass 3 readings in both chambers before
  it becomes a law
• First Reading
• on the Floor of the title of the measure,
• authors thereof
• referring to the appropriate Committee
• Committee gains jurisdiction
• Second Reading
• a measure is reported out by the Committee,
• calendared on the Floor for sponsorship, debate
  amendments
• approval by means of vote
• - Third Reading
• normally 3 days after approval on 2nd reading,
• the measure is voted upon through a roll call.
• copy sent to other chamber for confirmation

SENATE or HOUSE
Reading 1
Reading 2
READINGS
Reading 3
Committee
8
The Process BICAMERAL Conference Committee

• If there are conflicting provisions, a Bicameral
  Conference Committee is constituted.

SENATE
HOUSE
Bicameral Conference Committee
READINGS
Committee
9
The Process Technical Working Group (TWG)

• Any Committee in the House or the Senate, or a
  Bicameral Conference Committee may authorize the
  constitution of a TWG to assist it to develop
  legislation and overcome issues.

SENATE
HOUSE
Bicameral Conference Committee
READINGS
TWG
Committee
TWG
10
The Process PRESIDENTIAL ACTION

• If approved by the President, a bill is assigned
  a Republic Act number and sent to the chamber.
  
• If the president fails to act on a bill, within
  30 days, the bill will lapse into law.
• If a bill is vetoed, it is returned to the
  chamber with a message stating the reason for the
  veto.
• If Congress decides to override the veto, a 2/3
  vote of members is required.

PRESIDENTIALACTION
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ENVIRONMENTAL LAW-MAKING with a DIFFERENCE

• Public Participation

12
Public Participation
HOUSE

• The COMMITTEE . . . Is Where the ACTION is !
• Because of the complexity and intensity, and
  the almost finality of Committee work, . . .
  the Committee is often described as . . .
  Little Congress or Congress in itself!
• In this forum,
• environmental lawmaking and public participation
  come together.

Committee
TWG
13
Public ParticipationCOMMITTEE

• In the Committee, thorough evaluation is
  conducted and intensive consideration is given on
  the measure.
• Views and comments of affected sectors are
  solicited through public hearings and Committee
  meetings.
• Views are heard through testimonies, position
  papers and other submitted documents pertinent to
  the measure at hand.
• With discussions and public hearings, the
  Committee may introduce amendments or propose a
  substitute bill.
• The Committee can maintain any position it
  chooses on a measure or its provisions,
  regardless of the views heard.
• Once deliberations are finished, a Committee
  report is prepared for final measure to be
  reported out on the Floor.
• The Committee may authorize creation and
  activation of a TWG to assist it improve the
  measure at hand.

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Public ParticipationCOMMITTEE ON ECOLOGY and TWG

• The Committee on Ecology, is a standing Committee
  in the House of Representatives
• Jurisdiction ecosystems management including
  pollution control.
• Composed of 25 members, headed by a Chairman and
  backed up by a secretariat staff, headed by a
  Committee Secretary..
• The TWG is an integral part of the Committee on
  Ecology

HOUSE
Committee on Ecology
TWG
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Public Participation The TWG is a
Cross-Cutting Tool

• Creation of the TWG in the Committee on Ecology
• Provides access to invaluable expertise outside
  Congress.
• as a rich resource of technical and scientific
  information and experiences

Committee on Ecology
TWG

• With the gen. obj. to review the measure
• make it as good as it shd.be, TWG spec

• Determines prioritizes issues other
• concerns needing to be resolved or addressed
• Improves, strengthens fine-tunes
• provisions.
• Helps in re-crafting the provisions
• Assist in finalizing the measure
• Makes other recommendations to attain the
  proposed Acts objectives

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Public ParticipationREAL PEOPLE

• Policymakers are real people too!
• With personal local perceptions of
  environmental issues.
• The TWG facilitates
• Policymaker validation, and
• Reconciliation with research, scientific data
  and concrete examples from people and from
  sectors directly involved.
• The TWG enables lawmakers deliver policy making
  legislation
• That is truly objective.
• That is not subjective and parochial

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Public ParticipationThe MEMBERSHIP of the TWG

• Membership depends on the subject matter.
  Generally, a TWG is composed from the following
  sectors
• Various national government agencies which,
  directly or indirectly, have a concern on the
  measure
• Non-government or peoples organizations
• Industry organizations
• Academe and
• Local government units

TWG
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Public ParticipationThe MEMBERSHIP of the TWG

• The number of representatives per sector varies
  depending on the number of invited entities or
  organizations per sector.
• Generally, a one per organization rule is
  adopted, with a permanent member and alternate
  member designated.
• Membership is by invitation only from the
  Committee.
• Membership should be voluntary.

TWG
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Public Participation TWG CONSENSUS BUILDING

• Each TWG member is expected to
• Participate in all TWG deliberations, making
  sure that the individual opinions and the
  official stands of the entity they represents
  are put forward.
• Submit a written and official position,of their
  organization present it for discussion.
• Consult the sectors or organizations they
  represent, everytime there is a need.

20
Public Participation DYNAMICS CONSENSUS
BUILDING

• With membership diversity and polarity (of
  sectoral interests), discussions are often
• . . . slow and intense !
• The regulated community and the regulators,
  (having inherent conflicts of interest) always
  have opposing views and opinions on the various
  provisions of a measure.
• The rest of the TWG members (who do not have
  direct stake on such provisions) . . .
• help through discussions to find innovative,
  compromising, balanced and workable versions,
• . . . which are acceptable to both opposing
  groups.

21
Public Participation TWG Consensus Building
Hard Work

• It is not easy to make a TWG work and still be
  synchronized with a measures legislative
  calendar,
• Discussions drag on,
• Explanations are lengthy,
• Arguments are repetitive and
• Debates seem endless and emotional.

22
Public Participation TWG Consensus Building

• But, when all is said and done, . . . it is
  greatly rewarding when
• A balance is struck,
• Compromised ideas are put together in a version
  tempered, . . . almost tailor-fit to the
  concerns and demands of the affected sectors.

23
Public Participation TWG Summary

• The inherent dynamics of consensus-building in
  the TWG enable each participant to open up and
  express themselves knowing that all information
  is valued, processed and considered in
  arriving at a mutually acceptable solution.

24
Public Participation TWG Summary

• Issues left unsettled at the TWG level, are
  elevated to the Committee for appropriate
  resolution and/or action.
• The final output of the TWG is only
  recommendatory to the Committee.
• The TWG is specific only to a piece of
  legislation, and it is considered an Ad Hoc
  body. The TWG is thus deemed dissolved
  immediately after the purpose of its creation has
  been achieved.

Committee on Ecology
TWG
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ENVIRONMENTAL LAW-MAKING with a DIFFERENCE

• Results
• Philippine Clean Air Act
• Ecological Solid Waste Management Act
• Ban on Hard Surfactants
• Wildlife Resources Protection and Conservation
  Act

26
ENVIRONMENTAL LAW-MAKING WITH A DIFFERENCE

• Conclusions
• . . . Insights about the importance of public
  participation, citing the essentials and how this
  makes a difference in environmental law-making .
  . .

27
Conclusions Public Participation and the TWG
HOUSE

• Public participation through consultation and
  TWGs
• Is a vital component of the legislative process.
• Serves as a forum of exchange of ideas on what
  the participants perceive about a measure or its
  provisions
• Leads to better understanding and appreciation
  of related issues
• Instrumental creating mutually acceptable
  provisions in the law.

READINGS
Committee
TWG
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Conclusions Member Participation and the TWG
HOUSE

• Members, as TWG participants and facilitators,
  have
• A sense of shared interest,
• An acceptance of joint responsibility to solve
  the problem and
• A willingness to contribute to common solutions
  through strong consensus-building effort.

READINGS
Committee
TWG
29
Conclusions Member Participation and the TWG
HOUSE

• The TWG is an effective mechanism for Members to
• Listen to public views,
• Consulting with different stakeholders and
  getting them to be part of the process at an
  early stage of policy development
• Appreciate and understand the policy.
• Being part of the law serves as incentive for
  Members to be involved in its implementation .

READINGS
Committee
TWG
30
Conclusions Sectoral Involvement and the TWG

• SUMMARY
• The TWG is a multi-disciplinary, diverse and
  complex group forming a formidable alliance and
  successfully working hand-in-hand with lawmakers
  to give the concept of sustainable development
  life and meaning in the environmental lawmaking
  process.

TWG
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Good governance is always a 2way process
involving not only government but also the
citizenry. Good governance requires not only good
leaders but good citizenry. Good governance is
everybodys business-- it is my business, it is
your business. Pres. Gloria Macapagal -
Arroyo