Transcript No Slide Title

Bangladesh Quality Support Programme
Funded by: EU and NORAD
Implemented by: UNIDO
Conducted by: Consumers International Kuala Lumpur Office (CI KL)
In cooperation with:
Consumers Association of Bangladesh (CAB) & Government of Bangladesh
UN Guidelines for Consumer Protection and CRPL
by
Indrani Thuraisingham
Head, Consumers International Kuala Lumpur Office
Overview on consumer protection:
Consumer Protection System
•
Policies, laws, institutions and structures that form the
framework for a consumer protection system
– UN Guidelines
– Consumer Protection policy and law
– Consumer Protection Agencies/Organizations
– Consumer Redress
Overview on consumer protection contd...
Consumer Protection in the Marketplace
•
Various transactions that consumers enter in a market
economy
– Consumer information
– Product safety and liability
– Consumer credit
– Insurance
– Electronic commerce
UN Guidelines for Consumer Protection
- Adopted by the UN General Assembly in 1985 and amended in
1999
- Contains the essential elements of comprehensive consumer
protection
= Provides an international policy framework for governments to
to use and strengthen consumer protection policy and
legislation aimed at promoting consumer welfare
Objective
Assist countries in the protection for their population as
consumers by improving production and distribution patterns;
encouraging ethical conduct by traders; and curbing abusive
business practices
UN Guidelines for Consumer Protection
contd..
Legitimate needs covered by the Guidelines:
– The protection of consumers from hazards to their health and
safety

– The promotion and protection of the economic interests of
consumers

–Access of consumers to adequate information to make informed
choices


– Consumer education
UN Guidelines for Consumer Protection
contd...
•
_ Availability of effective consumer redress for loss caused
by wrongful acts of traders
•
_ Freedom to form consumer and other relevant
organizations and to be able to present views in processes
affecting consumers
•
– the promotion of sustainable consumption patterns
CRPL viz-a viz UN Guidelines
Right to basic needs
UN Guidelines
'Governments to take measures...... easy access to essential goods and
services' ....give priority to areas for the health of the consumer......
- includes provision on food security
-improve the quality and appropriate use of pharmaceuticals through national
policy
-develop, maintain and strengthen national policies to improve the supply,
distribution and quality of drinking water
-encourages the establishment of consumer cooperatives in rural areas
Right to basic needs
CRPL
Art 15 of Constitution- ' it shall be the responsibility of the state to attain.....
the provision of basic necessities of life , including food, clothing, shelter,
education and medical care....'
Recommendations
~ National CRP Council should develop a 5 year action plan to identify critical
areas of access to essential needs , identify strategies and engage in public
education
~The government should urgently support the development of independent
consumer groups, bazaar committees, student consumer clubs and complaint
cells- appropriate policies, funds, syllabus n training materials, programs
CRPL
viz-a
Right to safety
viz
UN
Guidelines
UN Guidelines
'Governments to adopt measures...legal systems,safety
regulations, standards to ensure products are safe......and
standards for the safety and quality of consumer goods and
services.
- Safety information should be conveyed to consumers
- adoption of policies to ensure that manufacturers compensate for
defective or hazardous products
-promote and formulate standards and review them periodically
-availability of facilities to test and certify safety , quality n
performance of goods n services
Right to safety
CRPL
Product liability (producer n seller)-lost value of defective product.
Liability for performance of defective services
•
BUT
•
No warranty liability
•
Liability for seller can be avoided if 'innocent'
•
No criteria or standard for measuring 'satisfactory services'
Recommendations
~ Amended to incorporate standard international concept of strict liability and
prevent liability shifting through contractual means
~Incorporate provisions of unfair contract terms/unfair conduct
CRPL
viz-a
Right to choice
viz
UN
Guidelines
UN Guidelines
'Government to provide an enabling framework under which
consumers can obtain optimum benefits from their available economic
resources'.... and ' government should encourage fair and effective
competition.....provide consumers with greatest range of choice of
products and services, at the lowest cost'.
- Control of restrictive business practices
-goods that meet standards of durability, reliability n fit for purpose n
availability of reliable after sales service
- regulation of promotional markets and sales and unfair contract terms
- legislation and enforcement of weights and measures
Right to choice
•
CRPL
•
S 2(20)- Anti consumer rights practices
•
However,at marketplace, information to consumers on
products are partial, confusing or misleading.
•
Lack definition of 'misleading' or 'unfair' advertisement
•
Lacking in
institutional
monitoring and enforcement
arrangements
for
adequate
Recommendations
~Government provide incentives for those who place goods n
services on market provide timely and accurate information
to consumers- through product standards
CRPL
viz-a
viz
Right to information
UN
Guidelines
UN Guidelines
'Government should encourage all concerned to participate in the free
flow of information on all aspects of consumer products'
- information on quality, quantity, potency, purity, standard, price ,
proper use and associated risks of products
-information on available redress and other dispute resolving
procedures
Right to information
CRPL
Without any comprehensive regulations or definite guidelines, consumers are
not able to make proper use of the information provided.
Poor dissemination of information due to lack of effective institutional
mechanisms , particularly to illiterate and disadvantaged consumers prevent
them from asserting their rights.
Recommendations
~Strengthen mandatory labelling
~Government at national, divisional and district level to provide resources
and mechanisms to develop effective delivery of user friendly information for
all segments of society
~Government to encourage mass media to allocate time for consumer
information
CRPL
viz-a
viz
UN
Right to consumer education
Guidelines
UN Guidelines
'Government should encourage the development
of general
consumer education programs... to enable... discriminating
consumers, capable of making informed choices and conscious of
their rights and responsibilities'
- with special attention to disadvantaged and illiterate consumers
-introduce consumer education in formal education system
-consumer education programs should be delivered in the mass media
-business to undertake/participate in relevant consumer education programs
-to organise training programs for teachers, consumer organisations, mass
media, professionals etc
Right to consumer education
CRPL
There is no clear-cut policy
No proper coordination of consumer education programs
Recommendations
~ a systematic programme should be developed in collaboration with
relevant agencies and civil society to implement consumer education
programs through both formal in schools and higher learning
institutions and informally targeting rural , illiterate consumers.
~ Adequate provisions should be made in the budgets of agencies
and provided by central government to
ensure institutional
mechanisms are provided to conduct training on regular basis
~ Milestones for effective monitoring n assessment of programs
CRPL
viz-a
Right to redress
viz
UN
Guidelines
UN Guidelines
' Government should establish or maintain legal/ administrative
measures for consumers to obtain redress through formal or
informal procedures that are fair, inexpensive and accessible'
' Government to encourage all enterprises to resolve consumer
disputes and to establish voluntary mechanisms including advisory
services and informal complaints procedures to assist consumers'
'Information
on available redress and other dispute resolving
procedures should be made available to consumers on a regular
basis'.
Right to redress
CRPL
Limitation – 30 days from the date of cause of action
If no criminal proceedings taken by Directorate within 90 days,
consumer has no legal remedy and no justice as civil remedy for
monetary compensation can only be taken if criminal procedure is
initiated.
Indemnity from criminal proceedings
Absence of alternative/ informal dispute resolution mechanism
Recommendations
~Small claims procedure/ tribunal for petty claims
~ Government to support consumer organisations to act as consumer
advice and complaint centres
CRPL
viz-a
viz
Right to representation
UN
Guidelines
UN Guidelines
' Government should facilitate the development of independent
consumer groups to represent interests of consumers in policy
making bodies affecting consumers and in the development of
products and services '
'Opportunities to be provided to consumer groups to present their
views in decision making processes.'
Right to representation
CRPL
- Representation of consumer voice imbalanced as Chairman of CAB
potentially the only consumer voice in the NCRP Council although
there are provisions for appointing three eminent citizens.
- no clear resource support from government for an independent
consumer movement
Recommendations
~Balance between producer, consumer and bureaucratic interest to be
struck on appointment of members to the Council
~Consumer groups should network and increase cooperation among
themselves and other like minded NGOs under a national platform
~strengthen legislative
and resource requirements to ensure
independent consumer movement
CRPL
viz-a
viz
UN
Right to a healthy environment
Guidelines
UN Guidelines
'Government to ensure that resources used in production and
consumption of products and services should be utilised in a healthy
and ecologically sound manner through government policy and legal
measures'.
' Government should encourage design,development and use of
products and services that are safe and energy and resource
efficient,considering their full life-cycle impacts'.
' Government should encourage recycling programs to recycle wastes
and purchase recycled products.... and promote research to identify
ways to make consumption patterns more sustainable'.
Right to healthy environment
CRPL
-Lack of awareness by consumers of their rights and responsibilities on
practising sustainable consumption
-Corruption in public administration
-Indifference on the part of the industry
Recommendations
~Government to adopt measures for safe manufacturing processes, handling &
disposal waste products and enabling environment for consumers to make
informed decisions when purchasing products and services that is sustainable
and ecologically sound through enforcement of laws n standards.
~ the NCRP council to undertake and commission research relating to
protection of consumers interests and achievement of sustainable consumption
Conclusions
End goal for consumer law is to increase fairness and
equality among consumers and to give consumers the
information they need to make good choices
Consumers must raise their voices and participate, either
through active participation in consumer organisations or
through other groups.
If not, rights of consumers will only remain textbook
material.
.
Thank you