The Global Code of Ethics for Tourism (GCET) in Argentinean Legislation

By Gonzalo A. Casanova Ferro
Introduction

“...all who work in the tourist sector are called to
create structures that make tourism healthy, popular
and economically sustainable, always keeping
clearly in mind that in every activity, hence, also in
tourism, the ultimate goal must always be respect
for the human person, in the interests of the
common good..” Cardinal Angelo Sodano on the
occasion of World Day of Tourism, Vatican
09/25/05

Tourism is generally defined as the activities of persons travelling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes not related to the exercise of an activity remunerated from within the place visited. This phenomenon which exponentially grows year after year and which in our country has become the third or fourth source of exportation requires a strategic policy that projects its positive effects and minimizes the negative ones from the environmental point of view as economical or psychosocial[1].
The Code of Ethics proposed by the WTO (from now on GCET or Code) intends to be part of the policy above mentioned; for that reason and in view of legislative initiatives, we understood the issue deserved a brief reflection on its implications and the will to point out that, when it comes to international affairs, even the mere support manifestations weave a plot of implicit and explicit rights and obligations which can and must be in accordance with the rest of the normative system. For that reason we have provided an outline answering three basic queries:
a) Determining what the Code of Ethics consists of
b) Defining how it becomes part of our legislation and
c) Considering its features.

Argentina-UN/WTO relationship

In 1970 and by recommendation of the UN General Assembly Res.2529 (XXIV), the International Union of Official Travel Organizations (IUOTO) at a meeting in Mexico City adopted the Statute text proclaimed on 27 September. Two years later, in 1972 when our country was about to close the last phase in the institutional interruption self-proclaimed as “Argentinean Revolution” and, under the presidency of General Lanusse, Law 19.644 (by which the WTO statutes were approved )was sanctioned. Only one reserve* was then formulated: Should the statutes be applied to territories whose sovereignty was debated between two or more signatory or non-signatory states, it could not be interpreted as alteration, resignation or abandonment of the position each one had until that moment.
Argentina keeps some sort of reinforced entailment with the international tourism policies. On one hand, because it is a founding member of the UN since 1945; and, on the other hand, because it is also a member of the WTO since 1975 (Maria E. Martínez de Perón), i.e. before the latter became a specialized agency of the former, this happened in December 2003 by A/RES/58/232.
Already in 1986, when democratic institutions were restored, not only was the Argentinean State incorporation not questioned as a full member of the WTO, but also by Law 23.409 and at the request of Don Francisco Manrique (head of the agency at that moment), approval was given to the amendment to Art.38 of the original by-laws with a view to:
1) make the Arabic Language official and
2) modify paragraph 12 of the finance regulation Annex, so the members contribution total (determined by the General Assembly) is informed to them six months before the financial year during which the General Assembly is held; and two months before the remaining financial actions.

Law and Ethics
“Do not neglect to show hospitality to strangers, for by this some have entertained angels without knowing it.” (Hebrews 13:2)


* (Civil declaratory judgment reserving or excluding a specified right)
Starting from the conception of man as a transcendent and social being; we shall understand that human actions can be ruled by the Law as well as by Ethics.
If we understand Ethics as the science of the human beings acts aimed at their last end, we shall consider it as a speculatively2 practical science. Put in other words, it is not about a knowledge aimed at learning just for the sake of learning, but learning in order to direct the action. Practical philosophy as Maritain3 would say. From this point of view, it would be made up of two essential parts: a “general” part which analyzes the morals´ foundations, and a “particular” part which consists of applying the moral principles to concrete situations of human activity taking place at an individual level, as well as at a family or social level. And it is about this last dimension we are talking about when we refer to the Code of Ethics.
The infraction of a moral rule can hurt the feelings of a whole community; thus, incest or cannibalism could provoke a violent disapproval of society; but a simple domestic lie, or someone not helping a sick parent does not necessarily cause the environment´s anger; even less if the fact does not transcend the individual, as for instance a reckless judgment on someone. Morals spread over the scope of private intentions, while the law demands interaction and alterity4 .
In practice we know that behaviors not legally sanctioned (or even encouraged), are not necessarily good from a moral point of view; and, counter sensu, it can happen that behaviors positively valued by Ethics have a legal sanction.
State, then, is not the creator of Morals; if it was, a law supporting genocide would ipso facto be ethically correct. 5
Legal regulations start from the State´s coactive power and standardize sanctions. That is why we also say that the State is the juridically organized Nation. Legal regulations only apply to and contemplate verifiable sustainable acts. Ethics regulations, on the other hand, value the totality of human acts; or, put in other words, the way individuals use their freedom in order to decide their own fate.
In general terms, Law and Ethics constitute normative systems destined to rule behaviors. They are lay constructions or acknowledgements, product of human experience. Since Morals precede the Law, moral laws are the function of man´s nature.




2 Marini, Pablo. Christian Ethics – Vol. I Morals Foundations. Universidad Libros Bs. As. 2006
3 Maritain Jacques. Introduction to Philosophy – Club de lectores Bs. As. 1999
4 National Constitution: Art. 19.- Those private human actions neither offending the order or public morals, nor harming a third party, are only reserved to God, and so exempt from the authority of the magistrates. The inhabitants of this Nation are neither compelled to do what the Law does not say, nor deprived from what it does not forbid.
5 Gomez Perez, Rafael. Juridical Deontology – EUNSA. Pamplona 1982

Code Structure
"With international tourism forecast to nearly triple in volume over the next 20 years, members of the World Tourism Organization believe that the Global Code of Ethics for Tourism is needed to help minimize the negative impacts of tourism on the environment and on cultural heritage while maximizing the benefits for residents of tourism destinations." Francesco Frangialli, Secretary-General of the World Tourism Organization
Along the years several documents, declarations and manifestos have tried to underscore the importance of ethical dimension in the tourism development. That is why it was necessary to get a synthesis which, enriched by all stakeholders, would serve as institutional reference. It was a long but linear road; the WTO tells of a double objective: to give answers to new challenges and to provide a frame of reference for the global development of the activity.
People not always realize that the Code of Ethics is not just the titles of its 10 articles but also its writing, addressees and content.
Its writing turns out more descriptive than prescriptive; it is expressed in affirmative non-inductive formulas, what makes it different from professional deontological codes. And this is not just chance, for while the latter refer to the concrete activity of a specific stakeholder; the Code of Ethics for Tourism takes into account a variety of behaviors of several stakeholders who interact directly or indirectly with the whole sector, in code of rights and obligations.
Finally, the last article proposes a series of integrational instruments, which incite stakeholders to refer any disputes concerning the application or interpretation of the Global Code of ethics for Tourism for conciliation to an impartial third body, known as the World Committee on Tourism Ethics, which deserves special consideration.
Origins and Evolution
Between 17 and 24 October 1997 the WTO General Assembly was arranged in Istanbul (Turkey). During the meeting, and when dealing with the future of the organization, though it was clear it would keep its intergovernmental character, it was also set up the need for giving the private sector a greater protagonism. Consequently and since then it became implicit the need for preparing a draft for the Code of Ethics, for which a Special Committee would gather in Cracow (Poland) on 7 October 1998 on the occasion of the Quality Improvement Committee. The project would go under a series of validation instances: first, it was reviewed by the WTO counselor, then by the Board of Management and finally, by the Executive Council at its 60th meeting. After these instances, the project was circularized among the WTO members for them to make remarks and suggestions.
Between 27 September and 1 October 1999 the XIII WTO General Assembly took place in Santiago (Chile). In the meeting and in strive for responsible sustainable tourism; the Code was adopted as we know it nowadays.

Data sources
Reasserting Article 3 of the WTO Statutes6, direct sources were taken into consideration, such as:
· Convention on Customs Facilities for Tourism, July 4th 1954, and related Protocol,
· IX WTO General Assembly (Buenos Aires) Resolution, concerning travel supply and tourist security, October 4th 1991,
· Manila declaration on World Tourism, October 10th 1980, IV WTO (Sofia) General Assembly by which the Tourism Bill of Rights and the Tourist Code were adopted, on 26 September 1985,
· Ottawa´s International Conference in 1991, approved in 1993 by the UN Statistical Commission
· Rio de Janeiro´s Declaration on environment and development, June 13th 1992,
· XI General Assembly of the WTO (Cairo) Statement on the prevention of organized sex tourism, October 22th 1995,
· Manila Declaration on the Social Impact of Tourism, May 22th 1997






















6 WTO Statute Art. 3: “The fundamental aim of the Organization shall be the promotion and development of tourism with a view to contributing to economic development, international understanding, peace, prosperity, and universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.”


And indirect data sources:
· Universal Declaration of Human Rights, December 10th 1948,
· International Covenant on Economic, Social and Cultural Rights, December 16th 1966,
· International Covenant on Civil and Political Rights, December 16th 1966
· International Convention on Air Transport, signed at Warsaw, October 12th 1929,
· Convention on International Civil Aviation (also known as Chicago Convention), December 7th 1944, as well as Tokyo, Hague, and Montreal Conventions adopted with this protocol;
· Convention concerning the Protection of the World Cultural and Natural Heritage, November 23th 1972,
· Convention on the Rights of the Child, January 26th 1990,
· General Agreement on Trade in Services (GATS), April 15th 1994,
· Convention on Biodiversity, January 6th 1995,
· Stockholm Declaration against Commercial Sexual Exploitation of Children, August 28th 1996,
· Conventions and Recommendations by the International Labor Organization in the area of collective conventions, prohibition of forced labor and child labor, defense of the rights of indigenous peoples, and equal treatment and non-discrimination in the work place.
National Antecedents
In Argentina 2000, during De La Rua´s presidency of the coalition called Alianza (Alliance), the Boards of Foreign Affairs, Religion and Tourism, the motion of explicit assent to the Code was voted and approved by initiative of Deputy Alejandro Bailan (from Cordoba). But it did not prosper in Senators Chamber.
Between 24 and 29 September 2001, after the global crisis produced by the twin towers incident, the XIV WTO General Assembly was held in Seoul (Korea) and Osaka (Japan) during which a World Committee on Tourism Ethics was created. It was made up of twelve non-governmental personalities and twelve deputies, national State Members of the WTO, chosen according to competence in tourism and the related areas.
The Committee was proposed to act as an “observatory” for the problems which might arise from the application of the Code and for the solutions proposed; thus, providing a synthesis of the reports given by the Regional Boards. Completing data was also provided by the Secretary-General and the Affiliate Members, including, when convenient, proposals aimed at modifying or completing the World Code of Ethics for Tourism.
In December 2001 by a UN resolution, the case was recorded, underscoring the need to promote a responsible sustainable tourism. Governments were invited to participate, encouraging the WTO to promote its contribution, and asking the Secretary-General to keep the Board informed about the application of the Code.
In January 2002 the WTO made an amendment to the appendix which determines the composition and functions of the World Committee on Tourism Ethics by A/14/RES Amendment 2.
In October 2003 the XV WTO General Assembly was organized in Beijing (China), where the Board´s authorities were finally gathered and decided that the first meeting would be held in Italy, encouraging them to develop a project for the settlement of disputes, apart from reducing the number of deputies to eleven.
In December 2003 the institutional event above mentioned took place and changed the WTO´s status. The UN incorporated it as a specialized body. This new condition allowed it to participate as an effective member in the UN System Chief Executives Board for Coordination, in addition to being invited to the UN General Assembly, Economy and Social Council and Security Council debates, to which it could also present proposals.
Again in Argentina in 2007 under Kirchner´s presidency, two PJ projects propose adhesion to the Code of Ethics. One project was Alejandro Fernandez´ (Santa Cruz senator), who proposed a pure and simple adhesion; the other one was Rody Ingram´s (Chubut deputy), who adds to the project a singular proposal: On one hand it imposes to the application authority, National Secretary of Tourism, the establishing of a policy, regulations and publication of the Code, without noticing that such competences are implicit in the National Tourism Law Nº 25.997; and, on the other hand, it generates a charge of information in the physical or juridical persons who participate in the travel industry deserving to be sanctioned for breach of contract, clearing away the fact that this is not a code of professional work. And even when it raises very similar postulates, the generic vagueness of the information duty makes this last set of articles impossible to apply.












Table I
UNO-WTO/Argentina Relationship Evolution
Event
Regulation
Observation
Argentina is one of the 51 UNO founding members
San Francisco Act October 24, 1945
Despite diplomatic oppositions Argentina provoked towards WW II
Argentina´s adhesion to WTO
Law 19.644/72
Approval of the WTO Statutes
Law 23.409/86
Approval of the modification of statutes and finance rules adopted in Torremolinos, Spain, 09/25/79.
WTO General Assembly
Resolution A/RES/364(XII)
Meeting in Istanbul in 1997 where they requested to seek further input from the private sector.
WTO General Assembly
Resolution A/RES/406(XIII)
Meeting in Santiago de Chile in 1999 the Code is adopted
Honorable Argentine National Congress –Chamber of Deputies
Regular Sessions Agenda 191 / File 1620-D-2000
The UCR proposes adhesion to the Code
WTO General Assembly
Resolution A/14/RES438(XIV)
Seoul (Korea) and Osaka (Japan) in September 2001 creates the World Committee on Tourism Ethics as the authority of implementation, interpretation and evaluation of the Code.
UN General Assembly
Resolution A/RES/56/212
In December 2001 the UN reported the interest raised by the Code and invited governments to incorporate it in their respective legislations and practices.
WTO General Assembly
Resolution A/14/RES Corr.2
January 2002

Corrigendum 2 to the Annex of Seoul and Osaka meetings. September 2001
WTO General Assembly
Resolution A/RES/469(XV)
October 2003 Beijing (China) Report of the authorities appointed to make up the World Committee on Tourism Ethics
WTO becomes specialized fully entitled body
12/26/03 by UN General Resolution A/RES/58/232
Specialized bodies are independent, they dictate their own Acts of Parliament, their budget, their assemblies; they define their own staff, and editorial operations. They also write annual and biannual reports for the Economic and Social Council. Nevertheless, the General Assembly is empowered to examine its own budget and formulate recommendations.
Filing before the Honorable Argentine National Congress – Chamber of Senators
Draft Bill by Senator Nicolás Fernández. File 1583/07
The PJ proposes adhesion to the Code.
Filing before the Honorable Argentine National Congress – Chamber of Deputies
Draft Bill by Deputy Rody Ernesto Ingram. File 2804-D/07
The PJ proposes adhesion to the Code setting up some charges of information and pecuniary sanctions for breach of contract
















The Code of Ethics for Tourism
It is simply expressed as:
ARTICLE 1Tourism's contribution to mutual understanding and respect between peoples and societiesARTICLE 2Tourism as a vehicle for individual and collective fulfillmentARTICLE 3Tourism, a factor of sustainable developmentARTICLE 4 Tourism, a user of the cultural heritage of mankind and contributor to its enhancementARTICLE 5Tourism, a beneficial activity for host countries and communitiesARTICLE 6Obligations of stakeholders in tourism developmentARTICLE 7Right to tourismARTICE 8Liberty of tourist movementsARTICLE 9Rights of the workers and entrepreneurs in the tourism industryARTICLE 10Implementation of the principles of the Global Code of Ethics for Tourism

Synthesis and Integration
As previously mentioned, the Code of Ethics is a net of rights and obligations aimed at everyone who is directly or indirectly related to the sector, that is why we consider it simpler to deal with it according to stakeholders, so that we can didactically isolate each of them7 and identify its articulation with the rest of the normative.

7 In the Code “Tourism Development Agents” is mentioned giving a large interpretation of the term which comprehends any physical or juridical person directly or indirectly related to the sector.
Within this context the GCET invites everyone to:
· Cooperate with the application of the Code
· Promote sustainable tourism based on respect for local traditions and customs
· Protect the environment and natural resources with sustainability purposes
· Admit limitations on vulnerable spaces
· Respect the right to tourism
And, in particular,
To governmental authorities to:
· provide protection for tourists and visitors and their belongings
· facilitate information, prevention, protection, insurance and health assistance inherent to the travel environment
· conceive Tourism as a privileged means of individual and collective fulfillment
· Respect for Human Rights
· protect the most vulnerable groups
· reject the exploitation of human beings in any form, particularly sexual, especially when applied to children, the elderly, the handicapped, ethnic minorities and indigenous peoples
· promote displacement
· encourage development modalities allowing to save natural resources
· distribute movement and time with consensus to planned school holidays
· conceive infrastructure protecting natural heritage and biodiversity
· encourage public access to cultural heritage deriving resources for its upkeep
· stimulate the development of crafts and folklore activities
· raise the standard of living of the populations of the regions visited
· inform citizens about external movement conditions
· develop social tourism
· facilitate family, youth, student and senior tourism and tourism for people with disabilities
· facilitate visa procedure, health and customs formalities, consular information, etc
· taxes and levies penalizing the tourism industry should be gradually phased out
· guarantee the rights of salaried and self-employed workers

tourists and visitors to:
Respect diversity
Avoid legal transgression or behaviors which might be offensive or harmful
Gather information before traveling on the characteristics of the country they are visiting
Liberty to move within their countries, In compliance with international law and national legislation
Use available mass media
Benefit from the same rights as the citizens of the country visited
Have access to allowances of convertible currency

Tourism professionals to:
Respect natural heritage and local population in the development of ecotourism
Protect public security and prevent accidents
Facilitate objective honest information on the destiny places and their conditions
Proceed according to laws in force and contractual obligations

workers in the sector to:
Acquire initial and continuous education and competent legal protection
Practice their profession freely

Workers and entrepreneurs in the tourism industry to:
Enter (small and medium-sized firms, specially) the activity with minimum legal or administrative restrictions
Interchange experience between issuer/receiver countries
avoid (in case of defacement) misusing dominant position
liberty of investment and commercial transaction

educational institutions to:
Introduce syllabi exposing the value of touristic interchange

specialized press to:
Issue honest and balanced information on events and situations that could influence the flow tourists

local communities to:
Equitably participate in economic, social and cultural benefits the activity might bring
Learn and know tourists

As we can see from this merely enunciative listing, many of the principles here exposed are already embedded in our legislation and regulations; be it in the Tourism National Law 25.997, in the Federal Plan for Sustainable tourism, in the Resolutions, or in draft planning.
Thus, sustainable tourism promotion, accessibility, or social, economic and cultural development can be found in Art. 2`s principles of the National Law; tourist protection in Art. 37; and social tourism in articles 38 to 40 of the same legislative body. The right to a balanced healthy environment, fit for human and productive activities development can be found in Art. 41 of the National Constitution, or the acknowledgement of Human rights in Art. 75, clause 22. Or workers rights also covered by the Constitution and by the collective bargaining agreements. To sum up, many, not to say every item arising from the GCET are and have been recepted by the set of rules governing the Argentinean touristic activity. The question posed is simple: Is it necessary to adhere to the Code? And if so, how?

Art. 10
Invites stakeholders in tourism development to recognize the role of international institutions and, among which the WTO ranks first, and non-governmental organizations with competence in the field of tourism promotion and development, the protection of human rights, with due respect for the general principles of international law. Recommending states as well as stakeholders to incorporate it in the manner they consider most appropriate and to consequently inform the Committee.
So far so good. In this context the institutional proposal has been the following:
A) As mentioned above, in 2001 a body was created: the World Committee on Tourism Ethics, empowered to interpret, apply and evaluate the GCET disposition (obviously, in addition to its main task, to promote and monitor its application)
B) And to establish a mechanism for consultation and conciliation for the settlement of disputes in relation to interpretation or application of the GCET

Logically, since we are dealing with a system of voluntary adhesion, answers from the different states have been varied. According to opinion polls made by the WTO in 2005, 68 countries had already incorporated the Code principles, in laws, resolutions, strategical plans, etc. In other cases its broadcast worked as a trigger for the creation of national or sectorial8 codes, tourist9 protection offices or national committees in charge of its application10.
The manner of acceptance has not been homogeneous either: Some countries gave a written notification of the official assent to the GCET, others made official declarations or broadcast it directly in the official broadcast institution; and finally, there are those who endorsed it via official bodies. Thus interpreted the WTO the Agenda 191/File 1620-D2000, Chamber of Deputies of the Honorable Argentine National Congress.
When it comes to the Committee, it is necessary to focus on the reading of guidelines for the settlement of disputes where (though it is still a draft set of procedures and so, any kind of critic would be premature) it is established that “Disputes not jointly submitted by all the Parties involved shall not be considered by the Committee. However, matters concerning the general application of ethical principles in tourism may be submitted unilaterally to the Committee and may include references to specific disputes insofar as they illustrate the principles in question, and provided that the submitter of the matter is not involved in the disputes cited.”

8 Ucrania (A/16/20 Add.1 2005)
9 Panama (A/16/20 Add.1 2005)
10 Jordania (A/16/20 Add.1 2005)
Thus planned and with no further consideration, the procedures seem to give the Committee an unrestrained capacity of revision that should be studied in its fair interpretation and measure to avoid an inappropriate interference in relation to procedures in local jurisdictions.

Conclusion
As we have demonstrated, coincidence between GCET postulates and much of the expressed by the laws in force lead to think that a legal written adhesion would be in complete harmony with our state policy. And it would be an extra gesture of Argentina’s will to stand as a global touristic destiny. However, and according to legislative projects mentioned above, we still hold the idea that: we should not add to the Code a punitive system it still does not require, and we do need to make reserves to Art. 10 which would help preserve our jurisdiction and competence.
[1] Burbridge, Horacio A. Tourism in the light of the social documents of the Church. Episcopal Commission on Migrations and Tourism. Episcopal Conference Argentina Bs. As. 2001