El Nidox.indd - WWF

and credit the above-mentioned publisher as the copyright owner.
Copyright © text 2005 WWF
All rights reserved.
Written by Chrisma Salao
Contributors Raoul Cola, Rene Jay de la Calzada, Joel Palma, Edgardo Tongson
Edited by Alya B. Honasan
Design by Felix Mago Miguel
Photos by Ivan Sarenas with contributions from Arnie Aranjuez, Chito Cleofas, Joseph Lena, Norwin Abes,
Rene Jay de la Calzada, Municipal Tourism Office
Special Thanks to
The El Nido Project Team – Rene Jay de la Calzada, Robert Jaboli, Norwin Abes, Christopher Zata, Christine
Mampay, Manuel Rabeche
Protected Area Office – Department of Environment and Natural Resources – PASu Loreto Rodriguez,
Bienvenido Veguilla, Raymond Osorio, Percival Togle
Philippine National Police – Randy Mendoza, Rico Pacanza, Rey Nagabes
Community Volunteers – Arman Aniban, Wilfredo Arca, Allan Gochoco, Rene San Jose, Rommel Santos
Edgar Lim
WWF-Philippines – Pierre Palallos, Vicson Chua, Robert Reyes
This publication was made possible through support provided by the U.S. Agency for International Development,
under the terms of Agreement Nos. LAG-A-00-99-00048-00 and 492-A-00-03-00020-00. The opinions
expressed herein are those of the author and do not necessarily reflect the views of the U.S. Agency for
International Development.
ISBN 971-93019-8-8
For additional copies, please send a request to WWF-Philippines [email protected]
WWF’s mission is to stop the degradation of the planet’s natural environment
and to build a future in which humans live in harmony with nature, by:
-
conserving the world’s biological diversity
ensuring that the use of renewable natural resources is sustainable
promoting the reduction of pollution and wasteful consumption
WWF-Philippines
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EL NIDO
Any reproduction in full or in part of this publication must mention the title
WORKING TOGETHER FOR ENVIRONMENTAL LAW ENFORCEMENT
Quezon City, Philippines
©1986 Panda symbol WWF – World Wide Fund For Nature (Formerly World Wildlife Fund) ® “WWF” and “living planet” are Registered Trademarks
Published 2005 by WWF-Philippines
A Case Study on
the Philippines
TREASURES TO PROTECT
3
FROM CENTRALIZATION TO COLLABORATION
6
EVERYBODY’S BUSINESS
16
THE LONG, HARD ROAD
29
DOING IT OUR WAY, DOING IT TOGETHER
38
REFERENCES
41
EL NIDO
WORKING TOGETHER FOR
ENVIRONMENTAL LAW ENFORCEMENT
A Case Study on the Philippines
This case study on El Nido, a coastal municipality in the province of Palawan, is the
second in a series of analyses being undertaken by WWF-Philippines. This series aims to
communicate key issues and lessons from field projects to fellow practitioners, program
and policy staff, personnel of managed and/or protected areas, partners and donors.
The first in the series was on the Turtle Islands in Tawi-Tawi, which discussed the
process of finding the right entry point for conservation and governance issues related
to the management of fisheries and resources, including the eggs of marine turtles. This
study describes the evolution and the current system of El Nido’s multi-stakeholder
environmental marine law enforcement program, in the hope that the reader can pick up
relevant points for application. The intention is to use these studies help both in building
a greater understanding of the issues and in promoting further learning and sharing of
successes and challenges. We welcome feedback on this case study and any others in this
series. Please send feedback to Joel Palma ([email protected]).
Patrolling near Cadlao Island
TREASURES
TO
PROTECT
The Need for Environmental Law Enforcement
E
l Nido is renowned as a place of
five types of forest—lowland evergreen, semi-
majestic beauty. Limestone cliffs rise
deciduous, forest over limestone, beach and
sharply hundreds of feet into the air
mangrove. These forests are home to six species
from the blue waters. Viewed from afar,
of large terrestrial mammals endemic to the
the cliffs appear like floating formations petrified
Palawan Faunal Region, including the seriously
through time, with softly sloping mounds covered
threatened Malayan pangolin (Manis javanica).
in greenery. Up close, the limestone is craggy,
El Nido also has 16 species of birds endemic to
jagged, raw. Forty-five of these limestone islands
Palawan, 10 of which are considered threatened.
dot the surrounding seas, each harboring its own
Flanked by abundant fishing grounds—the Sulu
secret, be it a hidden cove with a stretch of white
Sea to the east and the South China Sea to the west—
sand beach, a lagoon, or a cave. Overhead,
El Nido’s main marine habitats are seagrasses and
birds of different sizes and colors fly by. Below
seaweeds, coral reefs and estuarine. Endangered
the surface of the water are corals, fishes and
dugong (Dugong dugon) graze on the seagrasses of
shipwrecks. All around, there are forests and
El Nido. There are four species of endangered marine
islands to behold. With all of these attractions,
turtles in the area—the hawksbill (Eretmochelys
it is hardly surprising that El Nido is one of the
imbricata), olive ridley (Lepidochelys olivacea),
prime tourist destinations in the country.
leatherback (Dermochelys coricea) and green sea
El Nido is the northernmost municipality on
turtles (Chelonia mydas). There were 197 species
the main island of Palawan, a province known as
of fish and 45 genera of hard corals identified in the
the country’s ‘last frontier’ in terms of biological
Protected Area in 2001. However, the coral reefs
diversity and natural beauty. El Nido boasts of
are in poor condition, and the remaining hard coral
Big Lagoon, Miniloc Island
2
I
3
from neighboring islands within and outside Palawan
C hina
India
now make up the majority of the population, although
PA Boundary
the indigenous people, the Tagbanua, still inhabit
SOU T H EAST AS IA
Rivers
pockets in the northern and southern barangays, the
Barangay Boundary
L U Z O N
Aus trali a
smallest political units in the Philippines.
Roads
People’s livelihoods have generally remained the
Minor Road
South China Sea
Major Road
same since the influx of migrants. Agriculture and
MANILA
Trail
fishing are the main sources of income throughout
the municipality, with the addition of tourism in El
Vegetation
Nido town proper. A major source of cash for those
Tiniguiban
Virgin Forest
V I S A Y A S
Residual Forest
Forest Reservation
able to obtain a license is the harvesting of the nests
El Nido
Bucana
of swiftlets (Collocalia fuciphaga), which fetch as
Mangrove Forest
San Fernando
much as PhP300 (about US$6) per gram. The nest
PA L AWA N
is prized by the Chinese for its purported medicinal
Barutuan
Sibaltan
Pasadeta
Sulu Sea
properties, and Bird’s Nest Soup is a favorite
M I N D A N A O
dish. The trade of the nest has been going on for
generations, hence the name El Nido, ‘the nest.’
Villa Paz
Many of El Nido’s natural resources are
threatened because of their economic value.
Villa Libertad
Such threats include illegal logging, wildlife
El Nido Town
Masagana
Buena Suerte
Maligaya
New Ibajay
Corong corong
BACUIT BAY
Manlag
cover was down to 20% in 2004. The 1998 El Niño
poaching, illegal fishing using dynamite, cyanide,
phenomenon significantly damaged the coral reefs,
compressors and trawling, and non-adherence
a situation exacerbated by a strong typhoon that hit
to fishery laws in designated fishing areas. There
Palawan at the end of the same year. Having already
are also pollution, including untreated household
suffered from natural causes, the reefs also have to
sewage; tourism and agriculture runoff; non-
be protected from destructive fishing.
compliance with environmental laws regarding
An increase in the population exerts pressure on
Mabini
Aberawan
the location and design of tourist facilities; and
natural resources. The population of El Nido grew
the poaching of swiftlet nests, probably in excess
from 1,789 in 1918 to 7,358 in 1970, and on to 27,029
of maximum sustainable levels, as evidenced by
by the year 2000. The population increased most
the decreasing volumes of harvest over time.
significantly in the 1980s, when northern Palawan
was opened to commercial logging, mining and
Bebeladan
fishing, providing strong incentives for migration.
Bagong Bayan
Palawan was a particularly attractive option for
people from provinces suffering from depleted
TAYTAY BAY
Map shows the immediate area of El Nido town and Bacuit Bay in Northern Palawan (above). Map of the
resources or rife with insurgency, who came in
search of better lives. Coincidentally, this was also
the decade when tourism began in El Nido through
The bird’s nest industry is generations old in El Nido, but
the discovery of good scuba-diving sites. Migrants
decreasing volume indicates that it is suffering from overharvesting and poaching.
Philippines showing the location of the El Nido in relation to the rest of the archipelago (opposite page)
4
5
F R O M C E N T R A L I Z AT I O N
T O C O L L A B O R AT I O N
7 0 Ye a r s o f C o n s e r v a t i o n H i s t o r y
II
Conservation in El Nido started with the declaration of the area
as Turtle Sanctuary in 1984.
The story of the conservation of El Nido is about its evolution from an
area of open access to an area designated for the conservation of marine
turtles, eventually including terrestrial areas through a marine reserve
before finally becoming a fully protected area. Each step of the process
has been fraught with struggles against perpetrators of destructive fishing
and logging methods. It is a bittersweet story of relations between the
communities and the government, oscillating between resentment because
of restricted access and clamor for conservation action. It is also a story
of shifting lead roles from the private sector to the national government,
Conser vation programs
of the national government
C
onservation efforts in El Nido began in
promoted El Nido as a diving haven, reported to
1935, when the area, then called Bacuit
the Philippine government that the area was a
because of Bacuit Bay, was declared a
significant habitat for sea turtles. The declaration
watershed reserve. The bay has retained
of the turtle sanctuary marked the beginning of
its name, and is now the hub of tourist activity in
collaboration between the government and the
El Nido. Two national laws followed in 1967 and
private sector to conserve El Nido.
1981, respectively declaring the entire province of
The collaboration evolved into a partnership
Palawan a game refuge and bird sanctuary, and
when the resort directly supported marine law
then a mangrove swamp forest reserve.
enforcement, spearheaded by the Task Force
Site-specific conservation started in 1984,
Pawikan (pawikan is the name for sea turtle in
when El Nido was declared a Marine Turtle
many Philippine languages), now called the
Sanctuary through Administrative Order 518.
Pawikan Conservation Project of the Department
participation of civic organizations. This story is by no means finished,
The establishment of the turtle sanctuary was an
of Environment and Natural Resources (DENR).
offshoot of the opening of the El Nido Resorts
The DENR provided personnel while Ten Knots
so this case study merely provides a snapshot, as the search for balance
by the Ten Knots Development Corporation, the
provided logistical and material support. This was
between protection and resource use goes on.
first and biggest resort operator in El Nido. The
the first time that marine patrols against illegal
Japanese and Filipino investors in the resort, who
fishing were conducted, and a considerable number
and now moving on to the municipal government, with the increasing
6
7
of violators were apprehended and cases filed in
and resource users, as access was restricted
court. Violations ranged from dynamite fishing to
and people had to adjust to the idea of resource
commercial-scale trawling. Ten Knots supported the
management instead of a free-for-all situation.
activities, from patrol work all the way to the litigation
When asked about the most difficult problem
of cases, as DENR had very limited resources.
they encountered during the establishment of
In 1989, the conservation value of El Nido
the Marine Reserve, Municipal Environmental
went up a notch when it was included among the
Desk Officer (MEDO) Edward Lorenzo replied,
10 sites of DENR’s Debt for Nature Swap Program,
‘Convincing the LGU. We put our lives on the line
a five-year project funded by WWF-United States
during patrolling, but often you’re still considered
and administered by the Haribon Foundation
the bad guy.’ Since then, however, the local
for the Conservation of Natural Resources.
government has become more supportive of
The program successfully elevated the area’s
conservation.
conservation status from a turtle sanctuary to
In September 1996, the first ever stakeholders’
the El Nido Marine Reserve through Department
workshop was organized by the municipal
Administrative Order 14, series of 1991. By
government and the El Nido Foundation in
the same legislation, the site under protection
preparation for the incoming National Integrated
was expanded to include terrestrial areas, now
Protected Areas Programme (NIPAP), the five-
measuring a total of 95,000 hectares.
year project of the DENR which was implemented
The following year, DENR Department
in the area. During the workshop, participants
Administrative Order 4 provided for the zoning of
developed and adopted the Strategic Framework
the marine reserve into a core zone, a multiple use
for the El Nido Marine Reserve Management Plan,
zone and a buffer zone. The zoning plan provided
including the reserve’s operational framework.
for the regulation of methods and gear used for
This workshop also marked the transformation of
fishing and squid gathering. The administration of
El Nido from a marine reserve to a Protected Area.
the reserve was also transferred from the DENR’s
In anticipation of becoming a Protected Area, the
Pawikan Conservation Project to the El Nido Marine
El Nido Marine Reserve Management Board was
Reserve Management Board.
reorganized to follow the structure of a Protected
Under the El Nido Marine Reserve, the people
Area Management Board (PAMB).
of El Nido felt the brunt of conservation efforts.
From 1997 to 2001, the NIPAP was implemented
Illegal logging and harvesting of wood were
by the DENR, with El Nido as one of its eight sites
considered serious offenses, and laws against
across the country. Funded by the European Union,
destructive fishing were strictly enforced. All those
this program saw a heavy influx of resources for the
apprehended were taken to court for litigation.
sole purpose of conserving El Nido. The Protected
Without fail, the court ruled in favor of the Marine
Area Office building was constructed, as many as
Reserve. Tension ran high between enforcers
28 Protected Area personnel were hired, and an offroad vehicle and a speedboat were purchased.
Bird watching and snorkeling or scuba diving are popular activities
among tourists (opposite page). The channel between Matinloc and
Tapiutan Islands (previous spread)
10
11
A prot e c t e d a r e a a t l a s t
I
n 1998, El Nido was declared a Protected
together in February 2001. The meeting was
Area by virtue of Presidential Proclamation
very informal, but it was the first ever gathering
Number 32. The following year, the Protected
of different sectors for enforcement. The three
Area Management Board changed the
NGOs operating in the area at the time—El Nido
official name of the park to El Nido-Taytay
Foundation, the Philippine Rural Reconstruction
Managed Resource Protected Area. The Protected
Movement (PRRM), and WWF-Philippines—
Area spans 90,321 hectares in total, 60% of it
expressed concern that even if they had ongoing
marine territory. The Protected Area covers all
environment-related projects, their efforts might
18 barangays of El Nido, all of them coastal. It
be for naught. “Conservation goals will not be
also covers three barangays of the neighboring
achieved and efforts may be useless without
municipality of Taytay.
environmental law enforcement as part of the
During the implementation of NIPAP, for the
conservation and development management
second time, the people of El Nido were up against
mechanism,” said RJ de la Calzada, WWF-
an enforcement program with teeth. Looking back,
Philippines Project Manager, of their predicament.
DENR Ranger Bienvenido Veguilla muses that, as
Those at the meeting decided that they had to
the protection status of El Nido progressed, ‘more
come up with an enforcement plan for El Nido.
activities became illegal, and therefore there were
As a result of the meeting, several group
more violators.’ The people involved in enforcement
discussions, planning sessions and mini workshops
tell of verbal and symbolic threats made on their
transpired from April to November 2001 to come
lives because of their involvement. Fortunately,
up with the El Nido Patrolling Plan for the marine
none of the threats were actually carried out.
areas. In this scheme, four composite teams were
NIPAP’s patrol operations ceased in November
Majority of the population of El Nido are first and second
generation migrants (above).
Fishermen Manuelito Pinto and Rey Reyes and volunteer Manuel
Pinto (below, left to right)
organized to patrol designated Patrol Zones. The
2000 as the program drew to a close. Conservation
teams were called ‘composite’ because they were
funding was drastically reduced from PhP3 million
composed of several agencies—the Protected
(US$50,000) at the height of NIPAP operations
Area Office, the Philippine National Police, the
in 1999 and 2000, to about half of that for 2001
Local Government Unit, members of the Municipal
and 2002, to a mere 10% of that by 2003. Without
Fisheries Aquatic Resources Management Councils
the NIPAP funds, the DENR’s logistical capacity
and resort guards of Ten Knots. The patrol teams
to enforce laws was dramatically reduced. The
also recruited volunteers from the barangays. Later
Protected Area Office was left with only two rangers
on, the Armed Forces of the Philippines also joined
who, due to the circumstances, mostly patrolled
the composite team.
only the forests. In the absence of environmental
In 2002, with Dutch funding support through
enforcement, El Nido’s marine areas reverted back
PRRM, WWF-Philippines got directly involved in
to being open access territory. Rampant illegal
enforcement by paying for the salaries of six former
logging and fishing resumed.
NIPAP rangers detailed under the Protected Area
Alarmed by reports on illegal fishing
Office for forest enforcement. The PRRM project
incidents, a group of concerned individuals,
ended in October that year. But by then, WWF-
the local government, national government
Philippines had already developed a support
agencies, NGO staff and the private sector got
program for the marine enforcement system.
12
13
The role of local management
in enforcement
U
ntil 2002, all environmental enforcement
During the workshop, participants agreed that
efforts in El Nido had been initiated by the
one of the most pressing issues besetting the
national government through the DENR and
enforcement initiative was the lack of an adequate
its special programs. From November 2002
system so that the plan could be implemented
to June 2003, the Patrolling Plan was implemented
efficiently. A system had to be put in place to
without foreign funding support. The municipal
enhance the existing protection initiatives in El
government and WWF-Philippines contributed what
Nido. This led to the systems workshop held in
they could for the fuel to conduct patrols. The plan
March 2004. The result of the systems workshop
was new and resources were very limited, and the
was the Enforcement Manual of Operations, which
patrols were irregular and intermittent. But the period
contains the functions of the members and the
was a defining moment in the development of marine
procedures of the enforcement program.
law enforcement in El Nido, because it was then
By the middle of 2004, the Patrolling Plan from
that the spirit of volunteerism was born. Driven by
2001 had been updated to become the Marine
the perceived need for enforcement, their ‘can do’
Enforcement Plan. Intended for the years 2004-
attitude in the face of meager resources facilitated the
2006, the updated plan was expanded to include
implementation of the Patrol Plan.
not just the regulatory activities, i.e., from patrolling
In July 2003, the United States Agency for
to prosecution, but also non-regulatory plans such
International Development (USAID) and the
as environment policy, financing, capacity building
East Asia Pacific Environment Initiative (EAPEI)
and information campaigns. Training was provided
awarded a two-year grant to WWF-Philippines
to members of the enforcement team, such as fish
to institutionalize marine law enforcement
warden training, surveillance and intelligence, and
in the municipality. A capacity assessment
law enforcement skills training.
was immediately conducted by the project in
The most significant revision in the Marine
preparation for action planning. An enforcement
Enforcement Plan was the change of coverage,
strengthening action workshop was held in October
from the marine portion of the Protected Area
2003 to validate the results of the institutional
to the entire municipal waters of El Nido. This
diagnostics, identify issues related to enforcement
move effectively shifted the lead role in marine
work, and map out plans. The Patrolling Plan was
enforcement from the PAMB, which is co-chaired
updated. The workshop participants organized
by the DENR and the provincial Palawan Council
a core team, which later became the El Nido
for Sustainable Development Staff (PCSDS), to the
Environmental Law Enforcement Council (ENELEC),
municipal government. The subsequent adoption
to supervise the implementation of the enforcement
of the Marine Enforcement Plan by the PAMB and
plan. The action plan formulated during that
resolutions passed by the municipal government of
workshop defined the direction of the project.
El Nido sealed the plan’s legal mandate.
The enforcement team conducts patrols regularly but is
limited by the lack of funds for operating costs.
15
E V E RY B O D Y ’ S B U S I N E S S
An Enforcement System with Multiple Stakeholders
III
This section of the case study contains brief sections of the Marine
Enforcement Plan and Enforcement Manual of Operations in order to give
a general picture of how El Nido’s enforcement system operates.
A complete copy of the plan and manual are available upon request from
A patrol boat doing the rounds
A continuing process
E
2. Results validation and issue identification
NELEC implemented a nine-step process
which it hopes to conduct in two- to
The project conducted a workshop to validate
three-year cycles. Rather than a one-time
the patterns that emerged from the institutional
effort at establishing an enforcement
diagnosis. The results of the diagnosis were
program, it is a cycle of planning, strategy
presented to the stakeholders, who identified and
formulation, operation and review. The aim is to
analyzed the weaknesses of their enforcement
Having been formulated by the stakeholders, the Enforcement Plan and Enforcement Manual
continually improve the enforcement system and
system and the issues affecting it.
were based on a mutual knowledge of each other’s strengths and weaknesses. The system is
in the area.
WWF-Philippines.
therefore suited to local needs and capabilities, even as the stakeholders still aim for efficiency
and effectiveness.
make sure it is suitable to the changes happening
3. Plan formulation
Once the issues had been identified, strategy
1. Institutional diagnosis
formulation, prioritization and action planning
The first step involves taking stock of what local
took place. These plans were documented for
The objectives of the Marine Enforcement Plan are:
stakeholders already have to help in enforcement. It
several purposes: for future references, for
is a detailed asset inventory of personnel and their
pursuing accreditation from legal bodies, and as a
• to operate an efficient, effective and self-sustaining multi-sectoral enforcement system
skills, equipment and their status, management
benchmark for evaluation of performance later on.
• to maintain a highly-skilled, well-equipped and adequately supported enforcement team
• to create policies within the system that are supportive of enforcement activities
• to strengthen the network of outside institutions to reinforce local enforcement capacity
16
plans and who have been responsible for their
4 . L e g a l a d o p t i o n o f t h e plan
preparation. This information is translated into
numerical equivalents to give an indication of the
Environmental marine law enforcement is, by
strengths and gaps of the enforcement system.
nature, a legal act. Its goal is to ensure that laws
17
are complied with, and sanctions imposed on
should be clear to and accepted by all the
violators. Any management body meant to plan and
members of the team. These should be written in a
act on enforcement should have a legal identity,
manual for reference and for guidance, particularly
and its courses of action should have a legal basis.
as new members come in.
In El Nido, this was done through the resolutions
7. Integration of the plan with existing plans
issued by the municipal government and the PAMB
adopting the Marine Enforcement Plan.
An enforcement plan should complement
existing policies and plans, such as the local
5. Legislation of support policies
government’s Comprehensive Land and Water
Although there are national laws such
Use Plan (CLWUP) and the Protected Area
as Republic Act 8550, popularly known as
General Management Plan. The CLWUP includes
the Fisheries Code, local legislation could
a Resource Management Framework, where the
supplement them to accommodate specific
enforcement plan was anchored.
characteristics of an area. In El Nido, two
8. Operation and fine tuning
municipal resolutions have produced tangible
results in the enforcement system. The first is the
Operation refers to the actual conduct of
administrative fine for non-criminal violations.
enforcement activities: patrolling, apprehension
A mangrove forest is cleared in preparation for
The amount of the fine was increased through an
and litigation. An enforcement body should put in
conversion into a fishpond (above). The enforcement
amendment from PhP500 ($9) to PhP2,500 ($45)
place mechanisms for improving the efficiency and
per person regardless of the violator’s origins,
effectiveness of the enforcement system. In El Nido,
whether he be a local fisher, migrant or transient.
this involves the collection of information from the
The second is the total ban on live food fishing
enforcement team through regular reporting.
team apprehends illegal loggers (below).
in El Nido. The municipal government has gone a
9. Monitoring and evaluation
step further by requiring permits on ownership of
compressors. Without a permit, a compressor is
Monitoring and evaluation go beyond the
liable to be confiscated.
collection of data on enforcement operations.
Impact evaluations should be conducted, and
6. Systems setting and manual formulation
the enforcement system regularly updated to suit
An enforcement system, particularly one that
18
situations as they evolve. In El Nido, this is done
involves multiple players, needs a system in order
through periodic fisheries and benthos monitoring,
to function properly. Systems and procedures
and also through stakeholder evaluations.
19
An org a n i z a t i o n w i t h m a n y p l a y e r s
T
he effectiveness of enforcement
to enforce laws, and their involvement is therefore
operations depends upon the smooth
part and parcel of all legal enforcement activities.
functioning of the parts of the system.
Because of their mandate and capability, they
The members must be able to rely on
perform their official functions while also serving as
each other to fulfill their respective duties and
Organizational structure of the Environmental Law Enforcement System in El Nido
El Nido Environmental law
Enforcement Council
(ENELEC)
Municipal Agriculture Office &
Philippine National Police
Protected Area Office
members of the ENELEC.
follow correct procedures, depending on the
Control Post
The Control Post is the ENELEC’s executing
circumstances. Clarity of functions, delineation
arm. In the entire organization, only these two
of duties and communication are essential for the
units are linked through a direct line of control. The
system to work.
Control Post oversees the day-to-day operation of
The El Nido Environmental Law Enforcement
the enforcement program, coordinates and, when
Council (ENELEC) heads the enforcement system
necessary, provides support to the autonomous
Composite Team
Ten Knots Resort Guards
Barangay
Barangay
Barangay
Barangay
Cluster
Cluster
Cluster
Cluster
1
2
3
4
at the strategic level. It sets the direction, provides
enforcement units. It is the hub of coordination. It
general supervision, harmonizes institutional efforts
ensures that each cluster performs its duties and
and generates resources for both terrestrial and
that appropriate units can be readily mobilized
marine environmental law enforcement. Although
to reinforce another. The Control Post has six
the council is not a legislative body, it could act as a
personnel: a control post officer, an assistant
Cluster Team conducts patrols, boarding, inspection,
after the vicinities of islands leased or owned by the
springboard for the development of new ordinances
control post officer, a logistics officer, an
apprehension and arrest. However, at present, the
company around the area of Bacuit Bay.
or amendments to existing ones. The council is
information officer and a plotter. The Protected Area
Cluster Teams are not yet operational. Patrol teams
composed of the municipal government (Municipal
Superintendent (PASu) serves as the Control Post
are still at the barangay level. Once the barangay
Cluster Team or Resort Guards turn over the
Agricultural Officer, Municipal Environmental
Officer, and is therefore the main link between the
patrol teams are organized and strengthened, the
offenders and evidence to the Control Post, where it
Desk Officer and Administrative Officer), the
Composite Team and the Barangay Clusters.
Cluster Teams will be convened.
is decided which appropriate agency should handle
DENR Protected Area Office, Palawan Council for
At the forefront of enforcement operations are
Line of Control
Line of Coordination
After an arrest is made, the Composite Team,
There is one Composite Team that patrols primarily
the case. The Control Post will turn the offenders and
Sustainable Development Staff, Armed Forces of the
the Cluster Teams. Formerly called Patrol Teams,
in the Protected Area. The Enforcement Plan’s target is
evidence to the appropriate agency for prosecution.
Philippines-Joint Task Force Malampaya, Philippine
these were changed when the area of coverage of
for the Composite Team to go on patrol thrice weekly,
The appropriate agency may be the municipal
National Police, Philippine Coast Guard, Association
the Enforcement Plan expanded from the Protected
but this is not always met due to lack of resources,
government, the Protected Area Office, the Philippine
of Barangay Captains (ABC), Municipal Fisheries and
Area to the municipal waters. Thus, whereas the
i.e., fuel or personnel. In addition to its regular patrols,
National Police or all three in combination, as befits
Aquatic Resources Management Council (MFARMC),
Patrol Teams used to cover sections of the Protected
the Composite Team functions as a support unit of
the case. The national police deals with all criminal
Farmers’ Association, Ten Knots Development
Area, each Cluster Team now covers three to five
the Barangay Cluster Teams when the latter need
offenses. The Protected Area Office covers offenses
Corporation, El Nido Foundation and WWF-Philippines.
adjacent barangays. Each cluster is composed of
assistance. In these cases, the Cluster Team Leader
within the park, while the municipal government
The Municipal Mayor acts as the ENELEC’s
at least six members: a team leader, an assistant
alerts the Control Post, which mobilizes the Composite
handles offenses committed within its jurisdiction, but
chairperson, with the Chair on the Environment of the
team leader, a boat pilot, a boat mechanic, security
Team. Being on call, the Composite Team must
outside the park area.
Municipal Council serving as vice chair.
personnel and a searcher. The Barangay Fisheries
therefore maintain a high level of readiness and be
Directly below the ENELEC are the Protected
and Aquatic Resources Management Councils are
able to mobilize quickly. It must maintain close contact
player system is that it reduces graft and increases
Area Office, the Municipal Agriculture Office and
part of the Cluster Teams in barangays where they
with the Control Post all the time to receive instruction
transparency. A multi-player setting reduces chances
the Philippine National Police. These three are
exist. Apart from being the main link of the Cluster
on when and where to move.
of bribery, as more eyes looking over enforcers’
distinct government institutions and are not directly
Team to the Control Post, the Team Leader manages
answerable to the ENELEC. They have the mandate
the activities and resources of the group. The
20
Among the benefits of the multi-sectoral, multiple
The Ten Knots Guards are security personnel
shoulders would mean less chances, or more
employed by the corporation. These guards look
expense, for the bribe giver to have his way.
21
The components that
make a system work
T
he enforcement system of El Nido has five
conducted. This involves systematic, controlled
components to support the members of
and critical investigation. The information
the team in accomplishing their functions.
collected from such investigation increases
accuracy in identifying targets, sharpens
strategies of the ground units and reduces
1. Coordination and communication
mistakes. The ground base of the surveillance
Coordination and communication are the
and intelligence operation in El Nido is the
lifelines of systems with multiple players, such as
Barangay Intelligence Network Operation (BINO).
El Nido’s enforcement program. Both are vital for
It receives instruction and sends information to
enforcement, because activities are not routine and
the Information Officer of the Control Post. The
thus have unpredictable outcomes. The system’s
Information Officer processes the information
ability to adjust, react and make decisions based
received and transmits it to the users.
on different scenarios depends on this component.
3. Equipment procurement and maintenance
Coordination and communication have two
further sub-components, reporting and operation,
The procurement and maintenance of
each with a set of procedures that the enforcement
equipment provides appropriate logistics for
teams follow. Reporting provides the channel
enforcement activities. Good logistics mean that the
of communication for the information required,
right resources in the right quantities are in the right
including frequency of delivery, and the actions
place, in the right order, and in good condition, at
that should be taken on such reports. Operation
the right time. It involves moving commodities and
covers the steps to be followed when an arrest is
materials with identifiable storage places, starting
made through patrols: pre-boarding, boarding and
points, routes of movement, means of transfer and
searching, apprehension and arrest, debriefing
users. This component has three subcomponents:
and prosecution. Reporting supports the operation
procurement; maintenance; and storage, release,
because the decentralized work arrangement
use and retrieval. The procedures ensure that
involving many autonomous implementers can only
logistical support matches the requirements of
achieve coherence through frequent but orderly
enforcement activities. The Logistics Officer sees to
communication.
it that these procedures are followed.
2. Surveillance and intelligence
4. Sustainable financing
The success of enforcement activities and their
The enforcement system has three sources
outcome rely heavily on the amount and quality
of funds: a grants program, user’s fees and
of information on which decisions are based. To
government allocation. The grants program is
have the right amount and quality of information,
fund raising through the submission of project
surveillance and intelligence operations are
proposals to funding agencies. The user’s
The enforcement team covers both terrestrial and marine areas.
23
fee system currently in effect in El Nido is the
illegally caught fish would have to be weighed
conservation fee which has been set by the PAMB
against the high cost of getting caught themselves.
at PhP20 (US$0.36) per day per visitor. Other
Administrators are looking into further ways
charges contributing to the conservation fee are the
to make optimal use of user’s fees to support
PhP3,000 (US$54) per day filming fee and penalties
enforcement work.
for environmental damages.
5. Monitoring and evaluation
Allocation from the municipal government is
at the level of PhP50,000 (US$909) annually. The
The enforcement operation is monitored through
municipal government also has a rule that 50%
the periodic reports prepared and collected by the
of the fine of PhP2,500 (US$45) per person for
Control Post. The Information Officer consolidates
administrative violations goes to the municipal
the data in the reports to generate monthly and
trust fund, which is used to augment enforcement
yearly summaries. The data is part of the database
operations. The other 50% is divided among
of the Control Post. The Information Officer also
the informants and members of the patrol team
uses the Enforcement Capability Profile Instrument
responsible for the successful apprehension.
administered in August 2003 as the baseline in
This financial arrangement has proven to be a
monitoring enforcement capability. Information from
strong incentive for informants and volunteers. At
the monitoring and evaluation component is used
the same time, the system serves as a deterrent
in planning and decision-making at all levels of the
for violators, because the potential income from
enforcement organization.
Aside from tourism, the fisheries sector has been an intended beneficiary of the
enforcement program in the long run (opposite age). Whether or not these two
sectors perceive benefits may determine the fate of the enforcement program in
the future (above)
25
The Protected Area Superintendent inspects a butchered
dugong in 2004.
knowledge that cyanide fishing is quite rampant,
no case has ever been apprehended in El Nido.
Robert Jaboli, a former NIPAP ranger currently
employed by WWF-Philippines, thinks that cyanide
fishermen are the most difficult to catch, ‘because
Promising results
all it takes is one tablet.’ There are also no facilities
Compressors are liable to be confiscated
O
2005. These patrol operations have resulted in
Natural Resources Officer (MENRO), and therefore
if caught without a permit.
the apprehension of 44 boats and 238 individuals.
coordinates all environmental activities
Seventeen administrative cases have been
in the municipality.
Livefood fishing is banned in El Nido.
for cyanide testing in the area.
ver a two-year period, the Composite
ENELEC also spearheaded the creation of the
Team conducted a total of 259 patrols—
environmental desk in the municipal government.
65 in the latter half of 2003, 160 in
The Municipal Environmental Desk Officer (MEDO)
2004, and 50 so far for the first half of
functions as the Municipal Environment and
filed, and a total of PhP504,000 (US$9,163) in
administrative fines have been collected. Common
violations are the use of compressors, dynamite
fishing and bag nets (locally referred to as basnig)
within the Protected Area. Fishing gear commonly
confiscated are super lights and compressors.
Unfortunately, although it seems to be general
Confiscated fishing gear from marine patrol operations. Aside
from having their gear confiscated, apprehended fisherman
usually pay administrative fines. Criminal cases could also be
filed against them.
26
27
THE LONG, HARD ROAD
Making Environmental Law Enforcement Work
IV
The town of El Nido facing Bacuit Bay
Making a case
The enforcement system of El Nido works, but
it is far from overcoming the many hurdles and
challenges that it faces. The important thing is that
the system has a mechanism for dealing with these
persistent problems. The purpose of the nine-step
process discussed in the preceding chapter is to
build resilience and responsiveness in the system.
28
T
he remoteness of El Nido becomes a
lines, with the exception of cellular phones, and
problem when pursuing criminal cases
there are only two Internet cafés that link El Nido
against violators apprehended by the
to the worldwide web. Even electricity in the town
enforcement teams. Depending on the
center is only available for 12 hours a day. The
nature of the offense, criminal cases have to be
members of the enforcement team lament the fact
filed at the provincial prosecutor’s office, which is
that criminal cases get dismissed because team
in the provincial capital of Puerto Princesa City.
members are unable to testify in court.
Considering the required court appearances and
Because of this situation, offenses are filed
follow-up, not to mention the number of cases that
as administrative cases, although administrative
could be filed and the number of years a case could
and criminal cases are not mutually exclusive.
drag on, going to the city for a hearing is no mean
Filing an administrative case is considered more
feat. The city is nine hours’ ride away, most of it over
efficient, because it is processed quickly. Based
bumpy dirt roads that become muddy sludge during
on the very low incidence of repeat violators, the
the rainy season, rendering them impassable at
administrative fines and confiscation of equipment
times. To take the plane would be too expensive.
seem enough of a deterrent. However, this could
El Nido is not exactly at the forefront of the
be insufficient discouragement for fishing vessels
digital age, either: There are still no private phone
operating on a commercial scale.
29
Budget allocation from the DENR reached its
29% of the patrol costs are supported through regular
peak during the NIPAP. Not counting funding with
government funding. Currently, the enforcement
foreign support, the national government’s budget
program makes do with what they have through joint
for Protected Area management is insufficient. The
sources of funding, with the municipal government
average annual budget of the Protected Area Office
footing 40% of the bill, and the Protected Area Office
for the past three years is PhP142,000 (US$2,580)
and WWF-Philippines contributing 30% each.
for both the terrestrial and marine areas of the park.
In the long run, ‘making do’ is obviously not a
The grants program is the most unpredictable
sound financial strategy. The operational systems of
source of funds, which can see windfalls followed
the enforcement program may not yet be perfect, but
by sudden droughts in foreign assistance. Although
ENELEC needs to focus on strengthening its financing
the NIPAP was a government project, it was a
component, at the risk of not being able to continue
program funded by the European Union. Other
what it has so painstakingly begun. With the number
channels of grants are the NGOs operating in El
of visitors coming to El Nido hitting almost 15,000 in
Nido, whether locally-based or otherwise.
2004 and increasing, the user’s fee is definitely the
Although there is nothing fundamentally wrong
Money a n d p o l i c y
F
Big Lagoon, Miniloc Island
way to go. Policy changes, particularly where the
with the grants program—projects are meant to
IPAF is concerned, may take a long time, but it is
give support only for a limited time—no matter
definitely a good place to begin. Furthermore, tourists
what preparations are taken, the recipient and
are not the only untapped income potential. The bird’s
proximate stakeholders suffer from shortage of
nest and fisheries industries were established way
inancial challenges are at the crux of the
Superintendent (PASu) Loreto Rodriguez recounts
funding whenever a program ends. There is also
ahead of tourism efforts in El Nido. The question is
problems faced by El Nido’s enforcement
that the IPAF collection for 2003 was only released
a tendency for some stakeholders to feel insecure
whether conservation needs would be enough to spur
program. As described in the Enforcement
on December 23, 2004. However, since that budget
when a funding phase is over, as expressed by the
these industries to make greater investments in order
Manual, the three fund sources are user’s
was allocated for use in 2004, it was too late to
Secretary of the Municipal Fisheries and Aquatic
for them to continue reaping nature’s bounty.
fees, government allocation and grants program.
use it by the time it was released. The funds were
Resources Management Council (MFARMC),
Of the three, the user’s fee is theoretically the most
recalled by the DENR national office—and never
Araceli Mañibo. During the stakeholders’ evaluation,
stable and sustainable income source. In reality,
returned to El Nido.
Mañibo said that the enforcement system could not
however, it is the weakest financing mechanism in
The bureaucracy serves as a major obstacle in
be sustained without external support. The grants
El Nido. Collection has varied greatly in the past six
collecting and remitting funds. While the need to
program’s contribution to the development of the
years that the conservation fee has been in effect.
overhaul the IPAF arrangement is urgent, it cannot
enforcement program in El Nido was crucial.
From 1999 to 2004, the annual collection ranged
be expected to happen overnight. The only option
from PhP23,000 (US$418) to PhP96,000 (US$1,745),
for El Nido is to develop and strengthen the user’s
municipal government and the Protected Area Office
with the exception of the year 2003, when collection
fee mechanisms that the municipal government can
of about PhP200,000 (US$2,700), it is easy to see
reached over PhP340,000 (US$6,181).
manage under the 1991 Local Government Code.
why patrols are not conducted frequently or regularly.
Being a Protected Area, the user’s fee system
Contributions from the Municipal Government
With the combined regular allocation of the
The General Management Plan prepared by NIPAP
falls under the Integrated Protected Area Fund
of El Nido have so far been the most consistent
in 2000 estimated that carrying out the full range of
(IPAF) arrangement, which means the funds
of all the sources of funding, but the budget
terrestrial and marine conservation activities in El
collected are first channeled to the national
allocation of PhP50,000 (US$909) per year plus
Nido would cost PhP10 million (US$180,000) per
government through the DENR, before the 75%
the 50% from administrative fines are not even
year. By May 2005, the cost of marine patrols alone,
share is siphoned back to El Nido. This roundabout
enough for communications equipment and
conducted thrice weekly, already required an annual
The Small Lagoon in Miniloc Island is only accessible
routing of funds takes months. Protected Area
regular patrol operations.
budget of PhP694,000 (US$12,618). This means only
by kayaks when the tide is low, or by swimming
30
through a gap in the wall when the tide is high.
31
Institu t i o n a l
proble m s
B
Limestone cliffs behind El Nido town proper, a popular spot for
watching the sunset, bird watching and trekking
eing multi-sectoral and composed
good infrastructure and equipment, including a
of several agencies, the institutional
patrol boat.
setting of El Nido’s enforcement system
The municipal government is a different story.
is complex. Aside from the need to
Being a second class municipality, the municipal
coordinate with each other, the system is affected
budget runs at over PhP60 million (US$1.09
by the dynamics and weaknesses of each
million) annually. From the 3.3% of the 2005 budget
organization.
allocated to environment-related activities, the
In the absence of foreign-funded special
biggest portion, PhP1.5 million (US$27,000), goes
programs, the constant weakness of the DENR’s
to waste management. This is 30 times more than
Protected Area Office is its lack of resources. At
the PhP50,000 (US$909) allocated for enforcement.
present, its only regular employee is the Protected
From these figures, it could be inferred that
Area Superintendent; the two rangers, plus the
enforcement does not rank that high as a priority,
one deployed by the municipal government, are
in spite of the fact that fisheries and tourism are
all casual employees. The enforcement system
among the municipality’s major industries. This is a
depends heavily on the staff of other institutions
cause for concern, since the municipal government
resources. Most of the people operate with little
the two biggest resorts and gets the lion’s share of
and volunteers, without whom the rangers would be
is at the helm of ENELEC.
training, insufficient fuel and maintenance for the
tourists in El Nido, it would be incorrect to say that
boats, and jeopardized communications due to
it is representative of the tourism sector, because
spread too thinly. The Superintendent, the leader
At the forefront of the enforcement system is
of the Control Post, is often unable to lead marine
the barangay, and its biggest contribution is in
depleted loads on cellular phones. Rey Reyes, a
there are more than 20 smaller resorts operating in
patrol operations to fulfill his official duties. Thanks
surveillance and monitoring. Unfortunately, recent
fisher from Sitio Cabigsing and a former volunteer,
the area.
to the NIPAP project, at least the DENR office has
trends indicate a decline in participation in actual
remembers how he used to spend his own money
patrolling—volunteers decreased in number
for patrol operations. Manuelito Ipon, a fellow fisher,
Pawikan Conservation Project in the late 1980s.
from 16 in 2003 to 10 in 2004, and by 2005, only
said that he is unable to volunteer because he
At present, it has its own waste management
three to four have remained active. However,
needs to earn a living in order to support his five
facility and conducts patrols around its resorts and
the increased number of police deployed in El
children. The WWF Project Manager observes that
properties. It also collects conservation fees from
Nido has compensated for the dwindling number
‘volunteerism is good, but not sustainable because
its guests regularly. It has a pervasive presence in
of volunteers. Barangay Fisheries and Aquatic
people have to earn their livelihood. This is why the
the community, not just because it is the biggest
Resources Management Councils (BFARMCs) have
next project aims to provide financial support for
single employer in tourism, but also because it
been organized in nine coastal barangays of El
those who will join the patrols.’ The Protected Area
supports various community activities. However,
Nido, but only five of them conduct marine patrols.
Superintendent agrees, saying he is not in favor
it may be partly due to this pervasive presence
These are barangays Bebeladan, Bucana, Buena
of the current system where a volunteer is given a
that the company is viewed warily by other resort
Suerte, Sibaltan and Teneguiban. In 2004, two
stipend on a daily basis. He says patrolling should
owners. Because its patrols are limited around the
private citizens contributed the use of their boats for
be ‘a regular job, because it creates empathy for
islands it manages, its conservation efforts are
patrolling, but this was reduced to one boat by 2005.
the environment.’
perceived as self-serving. And probably because
According to the WWF-Philippines Project
Ten Knots is known for its support of the
Up to the present, only a few resorts and other
of the early history of conservation in El Nido, when
Manager, the decline in labor and equipment
members of the private sector have been actively
Ten Knots provided support to the Marine Turtle
support from the barangays is due to limited
involved in conservation. Although Ten Knots owns
Sanctuary, some people have the impression that
Caves are one of the popular attractions in El Nido.
32
33
the purpose of conservation activities in El Nido is
Soriano Corporation’s (Anscor) investment in Ten
to protect the company’s interests. This impression
Knots. In 2004 it became a local foundation with
does not encourage other resort owners to get
its own board of directors. In 2004 the foundation
involved in conservation work.
was awarded a grant from the Global Environment
Other members of the private sector have by
Facility through the International Finance
and large remained at the periphery of conservation
Corporation. A seven-year project, this project
efforts outside of the intermittent coastal clean-
aims to improve the management of El Nido’s
ups. When asked about their relationship with the
marine areas through zoning and the preparation of
Protected Area, one business operator said that
management plans.
they have no conflict, because there is not much
The El Nido Foundation is the only locally based
of a relationship. This distant relationship between
NGO in the municipality. Aside from it, El Nido has
the private sector and the Protetected Area needs
seen the comings and goings of many other NGOs.
to change, particularly for the tourism sector,
In the scheme of the Marine Enforcement Plan’s
because ‘it is El Nido’s natural beauty that brings
financing system, NGOs operate under the grants
the tourists, not the resorts,’ as Etienne La’Brooy,
program. Although El Nido has moved from a state-
General Manager of El Nido Resorts, declared
controlled to a more decentralized scheme, the
during a community consultation. Ten Knots has
environmental component has been dominated by
an environmental program, but 20 years on, other
whichever agencies had donor-funded programs.
On a lucky day, tourists can see dolphins while going island-
resorts have barely followed suit. Waste segregation
There were the DENR’s Debt for Nature Swap
hopping (above). The Protected Area Superintendent conducts a
only started this year in the town proper, but sewage
from 1989 to 1994, and NIPAP from 1997 to 2001,
remains untreated. Whether the cleanliness drive will
which was complemented by the PRRM’s social
be expanded and sustained remains to be seen.
development and environmental research during
The last sector in the development of El Nido’s
post-mortem investigation of a dead dolphin (below). Dolphins are
common victims of destructive fishing gears
the same period. WWF-Philippines’ marine law
enforcement program is the NGOs. Two NGOs are
enforcement project was implemented from 2003
currently involved in the enforcement program—the
to 2005. Now the major source of funding is the
El Nido Foundation and WWF-Philippines. WWF-
El Nido Foundation’s Global Environment Facility
Philippines has been in the area since 1999,
project from 2004 to 2010.
when it was commissioned by the Philippine Rural
Although the roles of these programs in the
Reconstruction Movement (PRRM) to conduct the
establishment of El Nido’s marine enforcement
terrestrial biodiversity assessment. From there, its
system were fundamental, the key lesson here
involvement moved on to environmental marine
is that the local institutions, the municipal
law enforcement, and its project facilitated the
government in particular, are the only permanent
development process of the current enforcement
mechanisms that can be the key to sustainability.
system. This project is ending in August 2005.
But sustainability can only be attained if the local
Negotiations are under way to continue WWF-
institutions have the capability and commitment
Philippines’ work on enforcement with support from
to the effort. An intervention provider, be it the
the El Nido Foundation.
national government or an NGO, must focus
The El Nido Foundation started out in 1992
on strengthening the locals’ capability and
as a project of the Andres Soriano Jr. Foundation,
seeking their assistance when needed, instead of
which was brought to El Nido through the A.
implementing activities on their own.
34
35
Ocean o r f o r e s t f i r s t ?
B
ecause the Protected Area is composed
only because of the logistical differences between
of marine and terrestrial areas,
patrolling land and sea, but because illegal fishers
enforcement operations need to cover
are ‘well equipped and can afford legal counsel,’
both. ENELEC and the Protected Area
says the Protected Area Superintendent. Trends
Office make ends meet to conduct patrols in the
also indicate that more and more of the illegal
forests and at sea. The project of WWF-Philippines
fishers are non-residents of El Nido.
focuses on marine law enforcement, and other
By this time, the eastern barangays are also
NGOs, such as the Environmental Legal Assistance
expressing feelings of being overlooked because
Center (ELAC), provide assistance on the terrestrial
support has been focused on the western side,
side. Enforcement personnel claim that they give
where the Protected Area extends to the sea. The
equal attention to the marine and terrestrial areas.
west is where the town is located, and is the hub
‘Neither can be neglected for the sake of the
of tourist activity. Although it is understandable
other because they are directly related,’ asserts
that work has to start from a specific point, and
Raymond Osorio, a DENR ranger. ‘Deforestation
expansion should be on a scale that is manageable
would lead to siltation, which would pollute the
for ENELEC, as the DENR ranger expressed, the
seas.’ Opinions differ on whether illegal fishing
fates of ecosystems are intertwined. If the forest
or illegal logging is the bigger problem in El Nido,
cannot be sacrificed to protect the seas, it also
but they are unanimous in saying that of the two,
follows that the east cannot be neglected for long for
marine enforcement is more difficult. This is not
the sake of conserving the west of the municipality.
ENELEC members meet monthly.
A true measure of impact
F
inally, the enforcement system faces the
available, and hopefully such surveys will continue
challenge of its impact. Unfortunately,
in order to establish trends. Even if the trends
there is no way to isolate cause-and-
cannot be solely attributed to the projects, they
effect relationships in conservation
can provide scientific benchmarks for determining
activities outside a science laboratory. Attributing
future courses of action.
trends in the natural environment to a particular
Most importantly, the question of impact involves
intervention is difficult. Be that as it may, the
the local fishers who have the right to determine
best reason for continuing any initiative is that it
the fate of the enforcement program. Unfortunately,
achieves the desirable results for the majority of
there are no available statistics on the social
the population.
acceptance of the enforcement system. Views differ
This is why the monitoring and evaluation
widely, ranging from ‘Patrolling is a big help,’ to ‘It’s
component of the enforcement program is
useless because some enforcers connive with the
important. The question of impact goes beyond the
ilegalistas.’ The members of ENELEC have been
number of apprehensions and successful litigations
conducting Information and Education Campaigns
made as a result of patrol operations. Impact
on the value of protecting the environment to raise
means asking whether or not El Nido’s natural
public awareness and gain public support for
resources are increasing so that more people can
conservation. But conservation is tedious work,
benefit from them.
and results could be ambiguous even after many
NIPAP, Ten Knots and WWF-Philippines have
years. The best chance to sustain the enforcement
initiated coral, benthos, reef fish and fisheries
work is to have the local fishing communities of El
surveys in El Nido to monitor the trends in diversity
Nido perceive its benefits, and demand the local
and density of marine resources. Baseline data are
government’s commitment to the task at hand.
Resident hornbills are among the attractions of Lagen Island.
36
37
V
D O I N G I T O U R W AY ,
DOING IT TOGETHER
Miniloc Island
T
he strength of El Nido’s current
Tagbanua, migrated as recently as the 1980s. The
precisely the reason why conservation has gained
enforcement system is that it involves
majority are therefore first- or second-generation
a strong foothold so early in this society. The
multiple stakeholders and engages all
migrants of different cultural backgrounds. Like
enforcement must be meeting a perceived need for it
three sectors—government, private and
any area with such a population composition,
to have gone this far in a short period.
NGOs. This comes from a deep-rooted belief,
its people have a short history of association
based on experience, that the enforcement needs
and common experiences. They have yet to
El Nido could not be replicated in sites sharing
in El Nido cannot be met by one agency alone. This
evolve distinctly patterned norms and social
a long history. Rather, the most practical and
model is particularly useful in developing countries
control mechanisms that could only result from
universal lesson that can be gleaned from El Nido’s
such as the Philippines, where the government
generations of recurring interactions.
enforcement program is that the stakeholders
often lacks the resources to support full-scale
This is not to say that what is happening in
Curiously, this diverse population brought
were able to develop a system that suits the
enforcement on its own. Through the multi-
together by the economic opportunities offered by El
implementation setting, and not the other way
Information and education campaigns are an important
sectoral set up, organizations and individuals pool
Nido’s natural resources is starting to shape a shared
around. In other words, the Enforcement Plan and
part of conservation work. Various activities are conducted
resources together and synergize rather than each
history that is intertwined with conservation. For many,
Enforcement Manual, though given in this case
of them acting separately, thereby increasing the
the government’s attempt to protect nature preceded
study to serve as a guide, would probably not work
area’s overall capacity.
their migration to El Nido. Of course, this did not
if transferred in whole to a different place. ENELEC
prevent the open access and frenzy of resource
has initiated the replication of the process, not of the
demographic setting that may be different from
extraction brought about by the surge of economic
system, in the neighboring municipality of Taytay,
other parts of the country. The population of
migrants. But it is possible that this alarming rate
and has a standing Memorandum of Agreement to
the area, except for a handful of the indigenous
of resource extraction over a short period of time is
include the municipality of San Vicente.
among children to raise their awareness in caring for the
environment.
El Nido’s enforcement system evolved in a
38
39
Aside from the composition, therefore, the
other lesson that could be gleaned from El Nido’s
References
Cola, R. 2004. Environmental enforcement manual of operation. Documentation results of workshop conducted on March 2004.
Hodgson, G. and Dixon, J.A. 2000. ‘El Nido revisited: ecotourism, logging and fisheries,’ pp. 55-68 in Collected Essays on the
Economics of Coral Reefs (ed) Herman S.J. Cesar. Sweden.
enforcement is in the process. When the enforcement
Mampay, C. 2005. El Nido marine environmental protection project evaluation report (draft). Documentation of WWF-Philippines
stakeholders’ evaluation workshop conducted on May 17-19, 2005.
system implemented by NIPAP ceased operation, the
stakeholders developed a system that was entirely their
own, knowing what each member had to offer. This
attitude of self-help, with injections of technical and
scientific inputs and training at the appropriate times,
is how El Nido was able to develop a system that works
for them. This aspect of their experience points out
that popular participation must go hand in hand with
technical soundness to increase the efficiency of any
effort. Only then can there be hope for success for any
intervention carried out in the name of conservation.
40
National Integrated Protected Areas Program (NIPAP) 2000. El Nido-Taytay managed resource protected area, advance draft of
general management plan vol. 1, description, analysis and prescription.
Province of Palawan website. Demographic Profile. URL: http://www.palawan.gov.ph/dp_geninfo.htm [24 June 2005].
Sabater, M. 2004. Reef fish and benthos monitoring report. WWF-Philippines research paper, unpublished.
WWF-Philippines Progress Reports. October 2003, April 2004, October 2004, April 2005.