international forum of travel and tourism advocates(iftta ) twenty-third annual conference fairmont...

INTERNATIONAL FORUM OF TRAVEL AND TOURISM ADVOCATES(IFTTA)

TWENTY-THIRD ANNUAL CONFERENCE Fairmont Royal York Hotel

Toronto, Ontario,Canada, 13-15 October -2011

TOURISM LEGISLATION: A WORLDWIDE PERSPECTIVE

By Patrice Tedjini, Coordinator , Information Resources & Archives - World Tourism Organization (UNWTO)

23rd IFTTA ANNUAL CONFERENCE Toronto, Canada, 13-15 October 2011

WORLD TOURISM TRENDS AND PROSPECTS

RECOGNITION OF THE RIGHT TO REST, LEISURE, FREE TIME, HOLIDAY AND LEAVE WITH PAY IN INTERNATIONAL DOCUMENTS AND NATIONAL CONSTITUTIONS

THE NEED OF A LEGISLATIVE FRAMEWORK FOR THE TOURISM SECTOR

THE ROLE OF THE ADMINISTRATIVE AND REGULATORY AUTHORITIES

● PLACE OF TOURISM IN PARLIAMENTARY ACTIVITIES

● COMPETENCE OF THE NATIONAL TOURISM ADMINISTRATION (NTA) FOR INITIATING AND DRAFTING LEGAL PROVISIONS OR REGULATIONS

● COMPETENCE OF THE NATIONAL TOURISM ADMINISTRATION (NTA) FOR FORMULATING THE NATIONAL TOURISM POLICY

● COORDINATION MECHANISMS FOR THE NATIONAL TOURISM SECTOR

INTRODUCTORY REMARKS

WORLD TOURISM TRENDS AND PROSPECTSWORLD TOURISM TRENDS AND PROSPECTS










International Tourist Arrivals

0

200

400

600

800

1,000

1,200

1,400

1,600

1995 2000 2005 2010 2015 2020

milli

on

Tourism 2020 Vision forecastActual 1995-2010*

1.6 bn


528 mn

Source: World Tourism Organization (UNWTO)

940 mn



675 mn768 mn


FIRST DECADE OF THE 21ST CENTURY

In spite of severe turbulence such as armed conflicts, natural disasters and epidemics, global economic crisis, the first decade of the New Millennium is marked by an exceptional growth in the tourism sector.

INTERNATIONAL TOURIST ARRIVALS 2000: 674 Million

2010: 940 Million

Tourism growth during the first decade characterized by

- New destinations and markets emerge;

- Development of new technologies together with low-cost carriers have revolutionized the way in which tourists organize and enjoy their holidays.

SECOND DECADE OF THE 21ST CENTURY

INTERNATIONAL TOURIST ARRIVALS 2020 1.6 Billion

The tourism sector is facing important challenges such as unbalanced economic recovery across the globe, record unemployment , rising of food and oil prices , environment challenge (energy and climate crisis,etc)

However ,this new decade will offer new opportunities for governements and the other tourism stakeholders by joining hands with a view to reinforce tourism‘s contribution to job creation and social goals through responsible growth policies.



RECOGNITION OF THE RIGHT TO REST, LEISURE, FREE TIME, HOLIDAY AND RECOGNITION OF THE RIGHT TO REST, LEISURE, FREE TIME, HOLIDAY AND LEAVE WITH PAY IN INTERNATIONAL DOCUMENTS AND NATIONAL CONSTITUTIONSLEAVE WITH PAY IN INTERNATIONAL DOCUMENTS AND NATIONAL CONSTITUTIONS









INTERNATIONAL DOCUMENTS

● The Universal Declaration of Human Rights (United Nations), 1948 ( Article 24)

● The International Covenant on Economic, Social and Cultural Rights (United Nations), 1966 (Article 7)

● The Conventions of the International Labour Organization (particularly Convention 132 concerning annual holidays with pay) (revised),1970

● The Manila Declaration on World Tourism (UNWTO), 1980

● The Acapulco Document (UNWTO),1982

● The Tourism Bill of Rights (UNWTO),1985 (Article I)

● The Global Code of Ethics for Tourism (UNWTO), 1999 (Article 7)


NATIONAL CONSTITUTIONS

● An initial research conducted by the UNWTO Secretary-General shown that some seventy national constitutions refer to the right to rest, leisure ,free time , leave with pay and holidays.

● While no reference is made to leave with pay in the national constitutions , this does not mean that there is no national legislation governing leave with pay.




THE NEED OF A LEGISLATIVE FRAMEWORK FOR THE TOURISM SECTORTHE NEED OF A LEGISLATIVE FRAMEWORK FOR THE TOURISM SECTOR








A legislative framework is a requirement for :


(a) The sustainable development and management of tourism;

(b) The protection and conservation of natural and cultural resources;

(c) The facilitation of the involvment of private sector and local communities in tourism development activities .

A legislative framework is essential to :

(a) Reflect the respective roles and responsabilities of all stakeholders in tourism development;

(b) Ensure the rights and obligations of international and local tourists as consumers ;

(c) Ensure the rights and obligations of participating businesses, inbound and outbound travel organizers and all other concerned players in the tourism sector.





THE ROLE OF THE ADMINISTRATIVE AND REGULATORY AUTHORITIESTHE ROLE OF THE ADMINISTRATIVE AND REGULATORY AUTHORITIES

● ● PLACE OF TOURISM IN PARLIAMENTARY ACTIVITIESPLACE OF TOURISM IN PARLIAMENTARY ACTIVITIES







○ PLACE OF TOURISM IN PARLIAMENTARY ACTIVITIES

During the last twenty years, emerging countries in the tourism sector in regions such as Africa and Central and Eastern Europe have demonstrated a considerable interest in bringing tourism matters within the scope of the national parliament .

The creation of a body responsible for tourism within the parliamentary structure is quite recent , with most countries doing so in the 1990’s.

A few number of national parliaments have established a body concerns itself solely with tourism matters. Usually its competencies fall in one of the principal economic sectors, such as industry, commerce, trade, finance, transport or under environment, energy, sustainable development or even social issues such as culture, sports, communications, etc.



○ PLACE OF TOURISM IN PARLIAMENTARY ACTIVITIES

Most of the countries with a two-chamber parliamentary structure have a body competent in tourism matters in each chamber.

There is an ongoing trend towards greater participation by parliaments in tourism matters , with increasing involvement of the two-chamber structure, where such a structure exists.

Respecting the parliamentary activities conducted on tourism matters , in addition to the traditional issues in connection with tourism, there is an increasing involvement of parliaments on the impact of tourism activities on the host communities and the need for infrastructure : both these aspects aim at achieving the desired goal of sustainable tourism by offsetting tourism’s repercussions and by using clean energy sources.

As concerns supranational parliaments, regional inter-parliamentary organizations such as the European Parliament and the Latin American Parliament (PARLATINO) have been active during the two last decades on tourism issues .







●● COMPETENCE OF THE NATIONAL TOURISM ADMINISTRATION (NTA) FOR COMPETENCE OF THE NATIONAL TOURISM ADMINISTRATION (NTA) FOR INITIATING AND DRAFTING LEGAL PROVISIONS OR REGULATIONSINITIATING AND DRAFTING LEGAL PROVISIONS OR REGULATIONS





● The NATIONAL TOURISM ADMINISTRATION (NTA) may be defined as the central or federal government body for tourism at the highest level

. A NTA may be exclusively devoted to tourism, e.g. Ministry of Tourism. Alternatively, tourism may be integrated within other sectors or branches of activity, in a single ministerial structure. For example, handicrafts, environment, economy, transport, etc. This multi-sector ministerial structure is also categorized as a NTA.

● Findings of a survey conducted in 2008 by the UNWTO Secretariat clearly indicated that, in most of respondent countries:

The National Tourism Administration (NTA) can initiate and draft legal provisions and regulations to be submitted to the national parliament for examination.


○ COMPETENCE OF THE NATIONAL TOURISM ADMINISTRATION (NTA) FOR INITIATING AND DRAFTING LEGAL PROVISIONS OR REGULATIONS








●● COMPETENCE OF THE NATIONAL TOURISM ADMINISTRATION (NTA) FOR COMPETENCE OF THE NATIONAL TOURISM ADMINISTRATION (NTA) FOR FORMULATING THE NATIONAL TOURISM POLICYFORMULATING THE NATIONAL TOURISM POLICY




• The National Tourism Policy establishes the Government ‘s immediate and long-term objectives, strategies and actions that are required with the aim of preparing a general framework that is conductive to the sustainable development of tourism.

• The National Tourism Policy , based on the principles of sustainability, should be in line with international best practices to ensure the competitiveness of the national tourism sector within an international/ regional and global scenario.

• The National Tourism Administration (NTA) formulates the National Tourism Policy in coordination with other policies , notably economic, social or environmental.

• The NTA develops its policies in consultation with the representatives of regional and local tourism organizations as well as representatives of professional associations.


○ COMPETENCE OF THE NATIONAL TOURISM ADMINISTRATION (NTA) FOR FORMULATING THE NATIONAL TOURISM POLICY









●● COORDINATION MECHANISMS FOR THE NATIONAL TOURISM SECTORCOORDINATION MECHANISMS FOR THE NATIONAL TOURISM SECTOR



●The mechanisms to coordinate nationally tourism activity could be at three levels of intervention:- between the different central/federal government administrations;

- between the National Tourism Administration (NTA) and its principal public and private partners;

- Between the NTA and the administrative structures responsible for tourism in the federated States,regions or provinces of the country .

● Findings of a survey carried out by the UNWTO Secretariat in 2008 revealed in most of respondent Member States that:

These mechanisms take form of two coexisting structures, namely:

- Coordination bodies which may take the form, in some countries, of interministerial coordination bodies providing a liaison between the different national administrations involved in tourism; and,

- Consultation bodies providing a liaison between the NTA and the different public and private tourism players, with a view to advise on matters relating to tourism policies and development.


○ COORDINATION MECHANISMS FOR THE NATIONAL TOURISM SECTOR


TOURISM LEGISLATION: TOWARDS THE CREATION OF TOURISM LAW AS A RECOGNIZED AREA OF LAW

HISTORICAL AND CURRENT TRENDSHISTORICAL AND CURRENT TRENDS

OBJECTIVES OF A TOURISM LAW

THE TEN PRINCIPLES OF THE UNWTO GLOBAL CODE OF ETHICS FOR TOURISM

OVERVIEW OF EXISTING NATIONAL TOURISM LAWS IN THE DIFFERENT REGIONS OF THE WORLD

- Regional trends

- Common areas/issues covered by the tourism laws

- Mechanisms for implementing the tourism laws

- Special focus on the tourism laws of Brazil, Mexico and the Russian Federation


In the past, very few countries have a comprehensive tourism law statute.

Legislation and regulations governing tourism tend to involve many sectors so are rarelyapproached as if pertaining to an a independent political sector.

The institutional background of every country and its system of governance does condition the elaboration and implementation of tourism policy, and the legislation and regulations deriving from such policy can be found in the areas of economics, trade, consumer affairs, the

environment , town planning, etc.

During the last two decades, tourism has played a significant role in environment protection, in preserving biodiversity, in conserving cultural heritage and in linking the diversity of

cultures, peoples and traditions.

In this context , the governments of an increasing number of States in regions such as Americas, Asia and the Pacific and Europe have promulgated during the recent years

a tourism law to promote tourism development with three key concepts in mind: “Sustainability” - “Quality” - “ Competitiveness”.

In the same spirit, international organizations such as the UNWTO have emphasized the distinct requirements of legal regulation of the tourism .This principle has been implemented within the UNWTO Programme on Technical Cooperation by providing appropriate technical assistance on this matter to the Member States .

HISTORICAL AND CURRENT TRENDS




OBJECTIVES OF A TOURISM LAWOBJECTIVES OF A TOURISM LAW



- Regional trends






► The main objective of a Tourism Law is to define legally the concept of Tourism Activity.

► The Tourism Law should be the reflection of the country’s Conception of Tourism in the sense that this legal instrument should take into consideration not only the social, cultural and economic aspects of tourism but also the characteristics and traditions of the regions, provinces and local communities of the country.

► A Tourism Law -which should be consistent with both the national development policy and the national tourism policy- aims therefore at promoting the sustainable development,

management and regulation of the tourism sector, determines the rights and and obligations of the government in terms of protecting natural and cultural resources and tourism development and management at national ,regional and local level . It should reflect the role and responsabilities of all stakeholders in tourism and also ensure the rights and obligations of tourists as consumers and tourism suppliers.





THE TEN PRINCIPLES OF THE UNWTO GLOBAL CODE OF ETHICS FOR TOURISMTHE TEN PRINCIPLES OF THE UNWTO GLOBAL CODE OF ETHICS FOR TOURISM


- Regional trends





THE TEN PRINCIPLES OF THE GLOBAL CODE OF ETHICS FOR TOURISM

- The Global Code of Ethics for Tourism(GCET) adopted in Santiago, Chile, in 1999 by the thirteenth UNWTO General Assembly provides a set of ten general principles that attempt to integrate all aspects of sustainable tourism development into a single set of framework guidelines.

- The main provisions of the GCET could be summarized as follows:

Article 1: Tourism’s contribution to mutual understanding and respect of between peoples and societies

Article 2: Tourism as a vehicle for invidual and collective fulfilmentArticle 3: Tourism, a factor of sustainable development Article 4: Tourism, a user of the cultural heritage and contributor to its enhancement Article 5: Tourism, a beneficial activity for host countries and communitiesArticle 6: Obligations of stakeholders in tourism developmentArticle 7: Right to tourismArticle 8: Liberty of tourist movementsArticle 9: Rights of the workers and entrepreneurs in the tourism industry Article 10 : Implementation of the principles of the GCET

- Since the adoption of the GCET and in accordance with its Article 10, the UNWTO Secretariat promotes actively its implementation among the Full, Associate and Afiliate Members of the

Organization.






OVERVIEW OF EXISTING NATIONAL TOURISM LAWS IN THE DIFFERENT OVERVIEW OF EXISTING NATIONAL TOURISM LAWS IN THE DIFFERENT REGIONS OF THE WORLDREGIONS OF THE WORLD

- Regional trends- Regional trends






AMERICAS is the first region of the world with respect to the promulgation of national tourism laws. This is the case of thirteen countries, namely: ARGENTINA - BOLIVIA - BRAZIL - CHILE - COLOMBIA - ECUADOR - EL SALVADOR - MEXICO - NICARAGUA - PANAMA - PARAGUAY- PERU-VENEZUELA. .

EUROPE is the second region of the world where this type of legal instrument have been promulgated during the last two decades ,in particular in a number of Central and Eastern European States such as ALBANIA - ARMENIA - AZERBAIJAN - BELARUS - BULGARIA - ESTONIA - GEORGIA - LATVIA - LITHUANIA - RUSSIAN FEDERATION - SERBIA. In the same spirit, HUNGARY is currently drafting a national tourism law. Moreover, Spain -as a decentralized country- is an interesting case in this regard. Whilst there is no tourism law adopted at the central level,a similar legal instrument has been promulgated over the last seventeen years by the government of each of the 17 Autonomous Regions. To a certain extent,the Tourism Code of France promulgated in 2004 and completed in 2009 by the Law on the Development and Modernization of Tourism Services, responds to the same objective.

ASIA AND THE PACIFIC is the third region where a national tourism law has been formulated by the following countries: BHUTAN - JAPAN - LAO, PEOPLE’S REPUBLIC OF - MONGOLIA - VIETNAM.

REGIONAL TRENDS







- Regional trends

- Common areas/issues covered by the tourism laws- Common areas/issues covered by the tourism laws




COMMON AREAS / ISSUES COVERED BY THE TOURISM LAWS

National tourism policy and associated strategies ;

Administrative tourism structures at the central/ federal ,regional and local levels and their respective spheres of competence and degree of intervention in the management of principal operational activities in the tourism sector;

Coordination mechanisms for the tourism sector at national, regional and local levels;

Financial assistance mechanisms for the tourism sector (including the creation of a tourism development fund);

Provision of tourist services (acommodation, travel agents, tourist guides, tourist transports etc.)

and the corresponding procedures(standards-licensing- classification - registration (including the rights and obligations of tourists/consumers and tourism suppliers );

Inspection and enforcement mechanisms.


A comparative review of the existing tourism laws shows that the following issues are often covered in this type of legal instrument:







- Regional trends


- Mechanisms for implementing the tourism laws- Mechanisms for implementing the tourism laws



-The National Tourism Administration(NTA) implements the Tourism Law together with the other central, regional and local governement agencies also involved in tourism development by regulating each component of the sector activity as defined in this legal instrument.

MECHANISMS FOR IMPLEMENTING TOURISM LAWS








- Regional trends



- Special focus on the tourism laws of Brazil, Mexico and the Russian Federation - Special focus on the tourism laws of Brazil, Mexico and the Russian Federation


SPECIAL FOCUS ON THE TOURISM LAWS OFBRAZIL - MEXICO AND THE RUSSIAN FEDERATION

BRAZIL

- Territorial Organization: Federal- National Tourism Administration (NTA): Ministry of Tourism (2003)- Tourism Law : Lei Nº 11.71 de 17 de setembro de 2008- Enforcement Act: Decreto Nº 7.381.de 2 de dizembro de 2010 - Observations: Promulgation of enforcement Decree Nº 7.381 . will permit the full

implementation of the 2008 Federal Tourism Law and its main objectives and strategic programmes ,i.e the National Tourism Plan, the financial support for tourist activities through the Tourism

General Fund (FUNGETUR),etc.




MEXICO

- Territorial Organization: Federal- National Tourism Administration (NTA): Ministry of Tourism (1958)- Tourism Law : Ley General de Turismo de 17 de junio de 2009(The first Federal

Tourism Law was promulgated in 1961 and subsequently revised or replaced by a new tourism law respectively in 1980, 1982, 1984, 1993

and 1999) . - Enforcement Act: Reglamento de la Ley Federal de Turismo de 2 de mayo de

1994 (revised and amended in 1999)- Observations: The new General Tourism Law of 2009 establishes the basis for

coordination between federal ,state and local authorities and defines the principal responsabilities and functions for each level of

government.State legislatures are due to pass new laws to comply with the 2009 General Tourism Law .



SPECIAL FOCUS ON THE TOURISM LAWS OF BRAZIL- MEXICO AND THE RUSSIAN FEDERATION



RUSSIAN FEDERATION

- Territorial Organization: Federal

- National Tourism Administration (NTA): Ministry for Sports, Tourism and Youth Policy(2008)- Tourism Law : Federal Law on the Bases of Tourism Activity in the Russian Federation

of 24 November 1996 ( subsequently amended in 2003,2004,2007,2008 and 2009)

- Enforcement Act: regulations and decisions

- Observations: The Ministry for Sports, Tourism and Youth Policy defines the general laws, regulations and policy lines for the tourism sector while the the Federal Agency for Tourism (2004), responsible for operational issues ,monitors their implementation in the cooperation with the regional tourism authorities of the Federation.

Amendement of 2009 to the Federal Tourism Law : - Differentiate the magnitude of financial guarantees between tour operators servicing

international markets and those dealing with the domestic market. - Define the division of responsabilities between tour operator and tour agent companies

vis-a-vis the client .


● Tourism enters the second decade of the 21st century facing a wide range of challenges which will impose governments and the other tourism stakeholders the necessity to develop coherent policy measures in favour of sustainable tourism, particularly for the use of tourism resources, and to reinforce institutional governance mechanisms that will permit tourism policies to maximise the economic and social potential of this sector of activity.

● More than ever, in tourism, economic intelligence requires thorough knowledge of the regulations applicable to the sector.

● Knowledge of the law is a requirement for tourism development in that, it forms the framework for such activities.

● Legislation and regulations affecting tourism depend on the approach to sectoral policies and In some cases mimic the means and ways of agricultural policy and industrial policy.

CONCLUSIONS AND RECOMMENDATIONS


● Review of existing tourism legislation reveals that are an increasing number of countries which have formulated during the last two decades a tourism law as an instrument to promote the sustainable development and management of tourism.

● This type of legal instrument -enshrining the principles of sustainable development and being consistent with the Global Code of Ethics for Tourism (GCET )- should take into account the following areas :

. Tourism policy and associated strategies + actions;

. Institutional framework for tourism development and the fields of competence of the different administrative tourism structures;

. Financial assistance mechanisms;

. Standards, licensing, classification, registration of tourism providers;

. Consumer protection;

. Inspection and enforcement mechanisms.

CONCLUSIONS AND RECOMMENDATIONS


A NEW INFORMATION TOOL AT THE SERVICE OF A NEW INFORMATION TOOL AT THE SERVICE OF STAKEHOLDERS IN TOURISM DEVELOPMENT :STAKEHOLDERS IN TOURISM DEVELOPMENT :

THE UNWTO LEGAL AND INSTITUTIONAL THE UNWTO LEGAL AND INSTITUTIONAL INTELLIGENCE GATHERING SYSTEM ON TOURISM INTELLIGENCE GATHERING SYSTEM ON TOURISM

(LIIGST) (LIIGST)

WHY?WHY?

HOW?HOW?

WHENWHEN??


WHY?WHY?

● Several factors make access to legal information especially complicated.

● Legislation and regulations covering tourism and its allied fields are issuedby States (centralized and decentralized) and by international organizations.

● The wide range of sources of regulations, both vertical (different State andinfra-State structures) and horizontal (geographic and supra-State) , makes itdifficult to grasp them.

● In a global economy, it is therefore necessary, to understand the legal systems and current regulatory situation in States and in international organizations

UNWTO LEGAL AND INSTITUTIONAL INTELLIGENCE GATHERING UNWTO LEGAL AND INSTITUTIONAL INTELLIGENCE GATHERING SYSTEM ON TOURISM (LIIGST)SYSTEM ON TOURISM (LIIGST)


HOW?HOW?

Strategic Objectives of the LIIGST :

(a) Provide information on existing and new laws and regulations for tourism governance;

(b) Stand to the activities conducted in tourism by national parliaments and regional (international) parliamentary organizations & associations; (c) Include intelligence on developments in the governance structures and spheres of competence of National Tourism Administrations (NTAs).



HOW?HOW? The LIIGST will be in a position to offer in addition to the three existing online

legislative information services , i.e.

. UNWTO Tourism Legislation Database (LEXTOUR)

. UNWTO International Instruments on Facilitation of Tourist Travel Database

. UNWTO-IFTTA Interactive Discussion Forum on Tourism Legislation

Two new online information products, namely:

. Legal and Institutional Framework for Tourism Database (LIFT)

.Tourism Law Quarterly Newsletter



WHEN?WHEN?

The LIIGST will be launched at the beginning of 2012



THANK YOU VERY MUCH FORTHANK YOU VERY MUCH FOR

YOUR ATTENTIONYOUR ATTENTION


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