The expansion of tourism has an impact on the environment and as a factor for local economic development, it is currently a vitally important issue within the world economy.
Cuba is not exempt from this trend since since the nineties it has had an accelerated development of tourism and has been placed at the forefront in the economic sphere.
For the protection of the environment, there is a wide range of legal provisions and instruments on the island, and their close link with sustainable economic and social development is recognized to make human life more rational and ensure the survival, well-being and security of women. current and future generations. It is the responsibility of the competent bodies to apply this policy. It is the duty of citizens to contribute to the protection of water, the atmosphere, the conservation of soil, flora, fauna and all the potential use of nature ”.
Introduction
Tourism is one of the most important economic and social phenomena of today. From being an activity that, at the beginning of this century, only a small group of relatively well-off people enjoyed, it became in the 70s a mass phenomenon in the more developed countries and has become accessible today, to larger groups of people. in most countries.
Thus the housing capacity has multiplied today more than three times compared to the year in which the USSR disappeared. Suffice it to say that in 2004 a little more than 2,049,000 tourists arrived in Cuba, when in 1990 only a little more than 340,000 did. Tourism in our country has earned the title of the locomotive of the Cuban economy.
Development
Varadero, the country's main tourist hub, has substantially multiplied all its operating indicators in this period, and stands out as one of the most recognized destinations in the Caribbean.
In statistical data and economic figures the results are encouraging, but tourism is tourist activity by its nature, it occurs when man interacts with his environment. It is the result of the exploitation by human beings of certain natural resources. An irrational use of these could leave us "hanging by the brush" after a few years. Even worse, it could disappear in a ruse what has taken millions of years to form Mother Nature.
That is why today the conscious and responsible use of natural resources is advocated based on the sustainable development of tourism activity.
For the protection of the environment, there is a wide range of legal provisions and instruments on the island, headed by the Constitution of the Republic, which in its Article 27 states: “ The State protects the environment and the country's natural resources. It recognizes its close link with sustainable economic and social development to make human life more rational and ensure the survival, well-being and security of current and future generations.
It is the responsibility of the competent bodies to apply this policy. It is the duty of the Citizens to contribute to the protection of the water, the atmosphere, the conservation of the soil, the flora, the fauna and all the potential use of nature ”.
Following the Rio Summit in 1992, the National Environment and Development Program (PNMAD) was approved in Cuba the following year, inserted within the country's development strategy after the collapse of the Euro-Soviet model. The adaptation of this to the tourist activity is constituted by the Tourism Program, which requires the protection and conservation of each tourist pole or area and the evaluation of the environmental impact for new investments. Due to the number of projects and programs that derive from it, an important environmental legislation is constituted by Law 81 of the Environment, from which tourism activity is not exempt: “It is the function of the Ministry of Tourism as an organism of the Central Administration of the State to incorporate the environmental variable in policies, plans, projects,programs and other actions carried out by the organization, in correspondence with sustainable economic and social development; comply with the regulations and decisions that derive from the national environmental policy and to that end, issue the corresponding provisions, within the framework of its competence and powers, and control their compliance. "
The impact on the environment is more visible in areas with a high tourist density, but it must also be taken into account that not all tourist reception establishments have the same environmental repercussions. Nor should we forget that tourism is just another economic activity and that it is a sector that has become aware of environmental issues. On the other hand, although several studies show the impact of road, air, rail and maritime transport on air pollution, the statistics of emissions of various pollutants carbon monoxide and carbon dioxide encompass all the reasons for use Cuba is the only country of the world with sustainable development, according to the biannual report presented by the WWF organization in Beijing,and that indicates that the ecosystem "is degrading at a rate unprecedented in history."
According to the report, which WWF produces every two years and was presented for the first time in the Chinese capital, if things continue as they are today, by 2050 humanity would need to consume the natural resources and energy equivalent to two planets Earth. Surprisingly, only Cuba has in both cases sufficient levels that allow it to be designated a country that "meets the minimum criteria for sensitivity."
Article 21 of this own Law, referring to the Environmental Regulation, seeks to harmonize the relations of society with nature. Throughout the island there are 85 tourist poles identified and 1200 resources of all kinds, among which are beaches, coasts, lagoons, rivers, caves, dams, fishing, landscapes, hunting, historical sites, underwater beds, archaeological sites, waters and medicinal muds, and others.
Also included in Law 81/97 Articles 8 and 24 to 26, as well as in the National Environmental Strategy on page 22, is the issue regarding the granting of the Environmental License by the Ministry of Science, Technology and Environment (CITMA) to any tourist activity likely to produce significant effects on the environment or that requires due control for the purposes of compliance with the provisions of current environmental legislation. Likewise, said license may be temporarily or permanently suspended whenever said activities do not comply with the requirements and controls established by CITMA.
The granting of the Environmental License will be preceded by an Environmental Impact Assessment to avoid or mitigate the generation of undesirable environmental effects as a result of investment projects for tourism activities.
The results of the study will either deny the license or grant it under certain conditions. The foregoing is stipulated in Articles 8 and 27 to 33 of Law 81 and also in the National Environmental Strategy on pages 21 and 22.
Information on the climate, temperature, speed and direction of the winds, atmospheric, maritime and land pollution and others may be of interest to tourists, managers, workers and the State in general. For this reason, Law 81, in its Articles 8 and 34 to 38, as well as in the National Environmental Strategy, pages 24 and 25, indicate the creation of the National Environmental Information System, an information system that guarantees the flow of environmental data and information in the shortest time to the Institute of Meteorology.
The State Environmental Inspection System, regulated in Law 81, Articles 8 and 39 to 45; Resolution No. 130/95 of CITMA, Regulations for State Environmental Inspection; Decree No. 100 of January 20, 1982, General Regulations of the State Inspection; and in the National Environmental Strategy on pages 22 and 23, it intends to supervise compliance with the legal provisions and regulations in force regarding environmental protection, determining the pertinent measures to guarantee their compliance.
To promote the orientation of economic, social and cultural processes towards sustainable development, Environmental Education is conceived, regulated in Law 81 of the Environment in its Articles 8 and 46 to 56; in the National Environmental Strategy, pages 24 and 25; and in the National Environment and Development Program, Chapter 24: Education, Training and Awareness. To this end, MINTUR includes environmental issues in its improvement and training programs for managerial staff, technicians and workers. In particular on aspects related to the links and influence of tourist and recreational activities with the environment.
The MINTUR incorporates into its informative and advertising activity the theme of protection in those areas that are directly related to ecotourism, protected areas, biological diversity, beaches and coastal areas and waters, emphasizing the proper management and management of the biotourism in its integral expression of ecological, cultural and social aspects.
Scientific Research and Technological Innovation, regulated in Law 81, in Chapter VIII, Articles 57 to 60; in the National Environment Strategy, pages 23 and 24, and in the National Environment and Development Program in Chapter 23: Science for Sustainable Development, they intend to maximize the contribution of the national scientific-technological capacity to the solution of environmental problems. For this, research and studies that scientifically support the environmental dimension incorporated into the Tourism Program must be strengthened and research and technological innovation projects carried out, aimed at preventing, evaluating, controlling and reversing environmental deterioration under the impacts of tourism.
Article 61 of Law 81, conceives the use of Economic Regulation Instruments, say tax, tariff or differentiated price policies for the development of activities that affect the environment, as an instrument of environmental policy and management. In this sense, it should be noted that both in Cuba and in the rest of the world, regulatory measures for environmental control have not been as effective as required for sustainable development.
With the objective of fully or partially financing projects or activities aimed at the Protection of the environment and its rational use, Articles 65 and 66 of Law 81 regulate the creation of the National Environmental Fund.
The administrative sanctions regime for environmental protection is dictated by the Administrative, Civil and Criminal Liability Regimes. Law 81 in its Articles 70 to 74 establishes the civil liability for any natural or legal person that damages the environment due to its action or omission, being obliged to cease its conduct and to repair the damages it causes. The following are empowered to claim compensation for damage or compensation for damage: a) the Office of the Attorney General of the Republic; b) CITMA; and c) who has personally suffered the loss or damage.
Finally, in terms of International Environmental Policy, Cuba, as a member of the World Tourism Organization (UNWTO) since the early years of the 1970s, has ratified the main international conventions related to world tourism and also to the environment. Among the main international instruments of the UNWTO, of which Cuba is a party, we have the following:
• Statutes of the World Tourism Organization, 1975.
• Rome Charter on Tourism, 1963.
• Manila Declaration on World Tourism, 1980.
• Tourism Charter and Tourist Code, 1985.
• The Hague Declaration on Tourism, 1989.
• Document of Acapulco, 1992.
• Declaration of Osaka, 1994.
• Conclusions and recommendations of the international forum of Cádiz, 1995.
• Charter of sustainable tourism, 1995.
• Declaration of Cairo on Tourism, 1995.
• Declaration UNWTO on the Prevention of Organized Sex Tourism (1995)
• UNWTO. Agenda 21 for the travel and tourism industry.
• WHO. International regulations of the World Health Organization.
Regarding international treaties and instruments related to the environment closely linked to tourism, we have, among others, the following:
- Declaration of the United Nations on the Human Environment, (Declaration of Stockholm, 1992.)
- World Charter for Nature, 1982.
- World Charter for Soils, Rome, 1981.
- Convention for the protection of world heritage, cultural and natural, Paris 1972.
- Convention on measures to be adopted to prevent or prohibit the import, export and illicit transfer of cultural property, 1970.
- Convention on international trade in endangered species of wild fauna and flora.
- (CITES), Washington, 1973.
- Convention on Biological Diversity, Rio de Janeiro, 1992.
- Framework Convention on Climate Change, Rio de Janeiro, 1992.
- Convention for the Protection of the Ozone Layer (1985) and additional protocols.
- Declaration of principles on forests, Rio de Janeiro, 1992.
So far, the main normative provisions and instruments of the environmental policy and management existing in Cuba applicable to the tourism sector have already been exposed, as well as the main international agreements on the matter.
In the tourism sector, given its characteristics and fragility, it is of extraordinary importance the development by its workers of an environmental legal culture that allows them to carry out a consistent and responsible action to achieve sustainable tourism in the shortest possible time. we aspire and need.
The success of the tourism sector cannot rest solely on quantitative elements, but must be based on planning for sustainable, conscious and responsible development, avoiding massive, excess loads, overexploitation and densification in order to obtain immediate gains. The care of nature, especially of waters, coastal areas, coral banks, biological diversity, together with the conservation of our culture, traditions and value system, avoiding transculturation and the abandonment of other vital sectors for the society.
The challenge is then to promote tourism, while paying adequate attention to the care of nature and the quality of the environment, using our natural resources, our culture and the hospitality of our people as the main attraction, preserving ourselves from environmental pollution. unfortunately so common in other countries that have also opted for this development factor.
Conclusions
The protection of the Environment and the rational use of natural resources represents normative expression of the principles of Cuban environmental policy in the current conditions of economic and social development to achieve sustainable development, including tourism as a fundamental economic activity and paying attention to The conservation of the environment.
It is the duty of citizens and society in general to protect the environment by:
- Its conservation and rational use.
- The systematic fight against the causes that originate its deterioration.
- The corresponding rehabilitation actions.
- The constant increase in citizens' knowledge about the interrelationships of human beings, nature and society.
- The reduction and elimination of environmentally unsustainable forms of production and consumption.
- The promotion of demographic policies appropriate to territorial conditions.
Bibliography
1. Matos Rodríguez, Héctor. Tourism, Complete your Knowledge. Electronic book, 2005.
2. Constitution of the Republic of Cuba, Extraordinary GO No. 7 of August 1, 1992 cited by Fernández-Rubio Legrá, Ángel Dr. “Tourism and Environmental Protection in the Republic of Cuba”. II International Conference on Environmental Law. Santa Clara, Villa Clara, April 1999.
3. Law 81 of the Environment, of July 11, 1997. Extraordinary GO No. 7 of July 11, 1997 cited by Fernández-Rubio Legrá, Ángel Dr. “Tourism and Protection of the Environment in the Republic of Cuba ”. II International Conference on Environmental Law. Santa Clara, Villa Clara, April 1999. Page 3.
4. Dávalos Fernández, Rodolfo Dr. The Legal Regime of Foreign Investment in Cuba.
5. Domínguez Gómez, Efrén. Proposal for a financing alternative for the Hotel Playa de Oro in Varadero. Diploma work as an option to the degree of Bachelor of Economics, University of Matanzas 2005.
6. Fernández-Rubio Legrá, Ángel Dr. “Tourism and Environmental Protection in the Republic of Cuba”. II International Conference on Environmental Law. Santa Clara, Villa Clara, April 1999.
