I WAS at Burgos Market early yesterday to buy some household commodities. While the roads adjacent to the market were relatively decongested and free flowing I could not help but notice vendors occupying almost two lanes of the road. I would presume they are all illegal since our law would dictate that sidewalks and roads are for public use and are absolutely beyond the commerce of men.
Such sight is common to almost all highly urbanized cities. Markets are points of convergence and people will always find ways to have their share of patrons in a typical public market. For now it seems like it’s not yet a problem; it neither causes traffic nor is it an issue to legal tenants inside the market who are honestly paying their taxes to the local government. Yet my years of experience in handling local governments would point that it will eventually become a big problem sooner or later.
First, it is a big injustice to law abiding tenants who get robbed of their customers even before patrons reach their stalls. Second, it brings sanitary issues as wet goods and dry goods get peddled anywhere causing for the whole market area to be wet which would mean a breeding ground for bacteria and posing great challenge in cleanliness and public health. Third, with vendors and patrons doing business literally on the road, accidents are bound to happen. Lastly, the local government could not maximize its revenue knowing it cannot legally collect from these vendors otherwise the local government becomes the law breaker too.
There is therefore an urgency to solve this issue. But it has to be carefully treaded. I have witnessed horror stories of wrong solutions to this problem in some of the LGUs I used to handle. At one time a certain LGU made a strong stand on this law and outright cleared the sidewalks and roads from vendors. It became a daily chasing game which sometimes ended up very bad for both the enforcers and the vendors. And the problem was never really solved.
We have to understand that these vendors are just trying to make a living too. And that they have mouths to feed and family to support as well. If they are not properly accommodated or relocated they will find a way to go back to the streets to sell. This is where sensitivity in governance comes in without compromising public safety and the law.
If and when Bacolod City decides to correct this, I hope they will consider the following suggestions:
1. The issue is actually more complicated than it appears and so an inter-agency task force is essential to successfully carry out such task. Law enforcers can probably clear the area in less than a day but if it is not supported with other programs like relocation, or accommodation in the market, or even a simple cushioning of the economic impact of transition such as providing relief goods, then vendors will rather play with their lives on the road against law enforcers.
2. Always start with a baseline data. Let the City Social Welfare conduct an intensive mapping of affected vendors and their addresses. With the right data, solutions can be directed straight to the affected people sparing the government from resorting to ugly last recourse and unnecessary sensationalization of the issue.
3. Conduct a public consultation. Sometimes the arrogance can be from the side of the government thinking they have the monopoly of the right solution when in fact, most of the time, it’s those who are directly affected who actually have the most effective solutions. This is where the skills of the city councilors get tested. With an effective public consultation, appropriate legislations can be crafted and budget can be released. At this point, the problem can actually be totally solved already if things go well.
4. Implement the law with a heart. Put a grace period. Communicate clearly the actions to be taken and cushion the impact for those who will be adversely affected. Provide relief goods for those with families to feed until such time they become legal vendors or when they can already stand on their own.
5. Sustain the support provided for those dislodged by the operation. This may mean adding programs that will bring patrons to the new site or design activities that will promote foot traffic to the businesses of those affected.
Yes, local governance is about implementing the laws, but more than that it is also being sensitive to its people so that no one gets left behind. That is what we call inclusive development.