Government’s Policy Directions for REST • Tourism for People with Disabilities and Senior Citizens • Tourism and Indigenous Peoples (CultureSensitive Tourism) • Tourism and GAD (Gender and Development) PWDs and Tourism 1. Cases against PWDS 2. PWDS defined 3. Government policies on PWDs Case 1 • Cebu Pacific Airlines refused to allow 10 deaf passengers on a flight to Boracay. All 10 were already seated inside the plane, when the crew told them to disembark. • The crew cited company policy that blind and deaf passengers had to be properly accompanied in order to be treated as “regular passengers.” • If unaccompanied, s/he may be accepted for carriage provided s/he can take care of her/himself on the ground and in-flight. • The irony was that 4 members of the group were visiting Americans who had flown all the way to the Philippines - on their own, -without a hitch, -and had demonstrably met the internationally stringent standards of other airlines. • They had come to attend the grand centennial of the Philippine School for the Deaf, the oldest such school in the Philippines. • They hadn’t been apprised of the policy in advance. • Worst of all, though they were promised a full refund, what they received was short by P590, the agent’s service fee apparently. • (In the end, only two of the passengers were allowed to board.) Source: Disability rights, forgotten human rights by R. Pangalangan, PDI 4/11/08 Case 2. Airline faces legal action for PWD handling (1/19/10, ncda) • In a letter dated January 8, 2010, NCDA scored Cebu Pacific as it joins the growing public dismay over its ill handling of a special child/passenger in a GMA news report last January 6, 2010. • On that same flight, another Cebu Pacific passenger with special child also complained of being discriminated by the airline. • This came at the heel of previous unresolved cases involving the same airline’s discrimination in handling passenger with disabilities. Disability statistics (ADB country report, 2005) • Statistics on disability in the Philippines have not been properly established. There are an estimated 7.5 million Filipinos with disabilities based on the WHO assumption that 10 percent of every country’s given population has some form of disability. • Government estimates that 70 percent of those with disabilities live in rural areas where services are often not accessible. • Past attempts to include persons with disability in national census surveys have not been successful for many reasons, including the refusal of families to declare that they have members with disabilities. What is a disability • A disability refers to any restriction or lack of ability to perform an activity in the manner or within the range considered(WHO). Persons with Disabilities (1995 Census) Total blindness Low vision Partial deafness Muteness Loss of one or both arms/hands Loss of one or both legs/feet Paralysis of one or both arms Paralysis of one or both legs Paralysis on one arm and one leg Paralysis of all four limbs Mental retardation Mental illness, and Others Partial blindness Total deafness Poor hearing ability Speech defect http://www.unescap.org/stat/meet/widd/paperphilippines2.htm Legal Framework The Philippines adheres to the Universal Declaration of Human Rights, that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms regardless of age, race, sex, and disability. The protection of basic human rights—political and civil rights for all citizens including those with disabilities—is provided for in the following laws: Laws • Republic Act No 7277 (Magna Carta for Disabled Persons), • Batas Pambansa Blg. 344 (Accessibility Law), Republic Act 6759 (White Cane Act) • ILO Convention No. 159 (Vocational Rehabilitation of Persons With Disability • EO 709 (creation of NCDA to see the implementation of the CRPD, or the “Convention on the Rights of Persons with Disabilities”. Laws • Republic Act 9442 -AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE “MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES”(2007) • Persons with disability shall be entitled to the following: Chap 8, Sec. 32 • (a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers for the exclusive use or enjoyment of persons with disability; • (b) A minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for the exclusive use of enjoyment of persons with disability; • “SEC. 46. Penal Clause. – (a) Any person who violates any provision of this Act shall suffer the following penalties: • (1) For the first violation, a fine of not less than Fifty Thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; and • (2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court. • (b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court. • (c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefore. • (f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or enjoyment of persons with disability; • (g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of person with disability; RA 6759- AN ACT DECLARING AUGUST ONE OF EACH YEAR AS WHITE CANE SAFETY DAY IN THE PHILIPPINES AND FOR OTHER PURPOSES (1989) • SECTION 2. Declaration of Policy. – It is declared to be the policy of the State to promote and protect the physical, moral, and social well-being of all handicapped persons, such as the blind, and to undertake studies on specific causes of high percentage of blind people in the Philippines. • SECTION 3. White Cane Safety Day. – August One of each year is hereby declared as White Cane Safety Day for the purposes of instilling public awareness of the plight of the blind, promoting recognition and acceptance of the “white cane” as a symbol of the need of the blind for specific assistance and as a reminder of the individual’s duty to care for and accord due respect to his unfortunate brethren. DOT MEMORANDUM CIRCULAR NO. 2011-04 • ADOPTING THE GUIDELINES ON THE GRANT OF SPECIAL DISCOUNTS TO PERSONS WITH DISABILITIES PURSUANT TO THE PROVISIONS OF REPUBLIC ACT NO. 9442 • WHEREAS, Republic Act No. 9442 also known as the “Magna Carta for Disabled Persons and for Other Purposes”was signed into law on 30 April 2007 amending Republic Act 7277 and granting other privileges and incentives to persons with disabilities; • WHEREAS, Chapter 8, Section 32 of Republic Act 9442 provides the entitlement of at least twenty percent (20%) discount to persons with disabilities for their exclusive use of enjoyment to the following: Utilization of all services in hotels and similar lodging establishments, restaurants and recreation centers; Admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement; Medical and dental services, diagnostic and laboratory tests in all private hospitals and medical facilities including professional fees of doctor/s; and • • • • Transportation fare for domestic land, air and sea travel. • WHEREAS, the aforementioned privileges are available only to persons with disabilities and who are Filipino citizens upon presenting proof of his/her entitlement, such as passport or valid identification card issued by the National Council on Disability Affairs (NCDA) or by the authorized office of the Local Government Units (LGUs) where he/she resides. However, such privileges may not be claimed if the persons with disability claims a higher discount as may be granted by the commercial establishment and/or under other existing laws or in combination with other discount programs/s. • NOW, THEREFORE, for and in consideration of the above premises, all Department of Tourism (DOT) accredited restaurants, hotels, tourists inns, apartels, pension houses, resorts and similar lodging establishments, tertiary hospitals, ambulatory clinics, spas, sports and recreational clubs/centers, museums, galleries, toursit land, water and air transport operators, are hereby directed to comply with the pertinent provisions of Republic Act No. 9442, AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE “MAGNA CARTA FOR DISABLED PERSONS AND FOR OTHER PURPOSES”. • Failure to comply with the grant of such benefits and privileges stated herein shall be a ground for the REVIEW of your DOT accreditation under this Department’s Rules and Regulations on Accreditation without prejudice to said establishment’s liability as stated in the penal provisions of RA No. 9442 and its Implementing Rules and Regulations. • Manila, Philippines. 11 February 2011 Travel issues of PWDs: accessibility • Inaccessible transport, lack of PWD tailored-fit accommodations, inaccessible destinations • In other words, absence of an accessible tourism product • Violations or non-implementation of laws PWD statistics • There are an estimated 7.5 million Filipinos with disabilities in 2000 based on the World • Health Organization’s assumption that 10% of every country’s population has some form of • disability. In 2004, the Filipinos with disabilities would reach about 8.3 million. • • The Government estimates that 70% of those with disabilities live in rural areas where • services are often not accessible. • • Past attempts to include persons with disabilities in national census surveys have not been • successful for many reasons, including the refusal of families to declare that they have • members with disabilities. II Senior Tourism A.Demographic Trend: inverted pyramid “The world has stopped breeding.” -lesser children -longer lives -smaller families -more women pursuing careers than rearing children -more senior citizens Current situation • You have an aging population where the senior citizens outnumber the young, growing population. • What is the implication? More pensioners who can be tapped for tourism. • The profile in the US: older Americans are wealthier, healthier and are living longer Who are the senior citizens The Expanded Senior Citizens Act of 2010 which gives the elderly benefits and privileges not included in the Senior Citizens Act of 1992 (Republic Act No. 7432) defines senior citizens as • resident citizens of the Philippines aged 60 and above. • Benefits for senior citizens include: • A 20-percent discount and exemption from the value-added tax on the sale of goods and services (medicines, medical and dental fees, transport fares, services in hotels and restaurants, admission fees in theaters and other places of leisure) • In case of discount promos, the senior citizens shall avail themselves of either the promotional discount or the 20-percent discount, whichever is higher. Target for tourism: baby boomers • 1. Younger Baby Boomers (those born between 1956-1965) • 2. Older Baby Boomers (those born between 1946-1955) • 3. Silent Generation (1937-1945) • 4. G.I. Generation (born before 1937) Access tourism • Access tourism or accessible tourism or inclusive tourism is tourism forPwDs, seniors, and ageing Baby Boomers who will experience more and more disability as they age. • In other words, access tourism is for all. Concept of universal design • It embraces the concept of Universal Design which designs the built environment so that all may use it easily. • It would therefore create a built environment accessible to PwDs, slow walkers, those temporarily disabled by accident or illness, the aged, parents with prams or pushchairs, and anyone else needing ease of egress. • In other words, it would be fully inclusive to everyone. Access tourism • - Also known as “Access Tourism”, “Universal Tourism”, “Inclusive Tourism” and in some countries such as in Japan “Barrier-free Tourism” • “tourism and travel that is accessible to all people, with disabilities or not, including those with mobility, hearing, sight, cognitive, or intellectual and psychosocial disabilities, older persons and those with temporary disabilities" (Takayama Declaration - Appendix, UNESCAP, 2009). Access tourism • enables people with access requirements, including mobility, vision, hearing and cognitive dimensions of access, to function independently and with equity and dignity through the delivery of universally designed tourism products, services and environments. This definition is inclusive of all people including those travelling with children in prams, people with disabilities and seniors (Darcy & Dickson, 2009, p. 34). Reference: Darcy, S., & Dickson, T. (2009). A Whole-ofLife Approach to Tourism: The Case for Accessible Tourism Experiences. Journal of Hospitality and Tourism Management, 16(1), 32-44. Accessible tourism • endeavors to ensure tourist destinations, products and services are accessible to all people, regardless of their physical limitations, disabilities or age. • encompasses publicly and privately owned tourist locations. • The improvements not only benefit those with permanent physical disabilities, but also parents with small children, elderly travellers, people with temporary injuries such as a broken leg, as well as their travel companions(wikipedia) Tourism and IPs • Indigenous peoples or IPs comprise five per cent of the world’s population. • IPs occupy 20% of the world’s land surface but nurture 80% of the world’s biodiversity as ancestral lands and territories (UN 2002). • The emergence of news forms of tourism has focused the discussion of the impacts of tourism on indigenous peoples or IPS whose pristine and biologically diverse homelands have become natural targets for tourism. Tourist destinations with indigenous communities(main issue: displacement from ancestral land) • • • • • • • • • Boracay- Ati Puerto Galera- Mangyan, Iraya Banaue- Ifugao Baguio-Ibaloi, Kankanay Palawan-Tagbanua, Batak Davao-Nabdaya, Manobo, Samal Subic-Aeta Zamboanga- Subanon Lake Sebu- T’boli Tourism development strategy • With nature and culture as the two main tourism assets, “the overriding goal is to preserve, conserve and enhance the area’s natural environment and its rich tribal culture, for people and visitors to appreciate, enjoy and learn from” (CAR TMP 1995) Issues and challenges • Participation in tourism development • Protection of their environment • Cultural sensitivity -being aware of cultural values -appropriate photography -respect for people’s wishes • Knowing the do’s and don’t’s