By Jean Lukaz MIH
Ghana, while still embarking on the necessary steps towards a new consumer protection law, cannot presently boast of consumer protection legislation but rather a number of legislations that deal with consumer protection issues. The lack of a comprehensive consumer protection law is often to be blamed on defective national trade policies that have evolved over the years.
According to the Ministry of Trade, the Ghana Trade Policy approved by Cabinet in 2004 is set within the context of Ghana’s long-term strategic goal of achieving middle-income status and becoming a leading agro-industrial country in Africa. It was designed to provide the Ministry with clear guidelines for implementing Government’s domestic and international trade agenda as well as ensure a consistent and stable policy environment within which the private sector can operate with certainty. To ensure that these policy objectives are met through the structured implementation of policy prescriptions, a detailed implementation blueprint – the Trade Sector Support Programme (TSSP) - was developed and launched in February 2005. It details out specific activities in 10 thematic areas (which together contain 27 sub-projects) to be undertaken annually for the achievement of the policy prescriptions contained in the Ghana Trade Policy.
The fundamental principle underlying the Trade Policy Is that the private sector is the engine of growth, with Government providing a trade enabling environment to actively stimulate private sector initiatives. This is to be achieved through the full spectrum of trade policy instruments across the ten (10) thematic areas that have been the basis of the Ghana Trade Policy objectives.
The new Ghana consumer protection law is to be based on the Consumer Protection Policy as captured in the Ghana Trade Policy with the sub-themes of Consumer Protection, Health and Safety of Consumers, Economic Interests of Consumers, Access to Adequate Information, Consumption and the Environment, Consumer Representation, Competition Policy and Government Procurement. Short of a single fundamental objective, the new consumer law must ensure a fair and transparent market place in which the rights of consumers are recognized and protected. Protecting consumers’ economic interests is as important as regulation to ensure that the goods and services are available at a reasonable price and are safe.
Ghana being a Third World country, the problems of consumers are more related to the provision of essential services such as drinking water, sanitation, education and health care, than the market-related ones. The new consumer protection law must give special attention to the basic needs of disadvantaged consumers, in both rural and urban areas, including low-income consumers, and those with very low levels of literacy. It must clearly spell out the rights of consumers and the responsibilities of suppliers of goods or services and regulate all aspects of the purchasing cycle for goods and services, from the advertising or marketing of products, the sale of goods, full disclosure of product or service information to consumers, the terms and conditions of contracts and after-sales services including the respect of guarantees and warranties, refund and return policies. The Ghana Consumer Protection Law must integrate the universally accepted consumer rights into law by referring, implicitly or explicitly, to eight specific consumer rights, namely:
1. The Right to Basic needs
2. The Right to Safety
3. The Right to Information
4. The Right to Choice
5. The Right to Representation
6. The Right to Redress
7. The Right to Consumer Education
8. The Right to Healthy Environment
As constitutions of countries have evolved to reflect a citizens’ rights-based approach, so are consumer protection laws. The Consumer Protection Law for Ghana must move beyond mere consolidation of scattered sectoral laws and regulations to crystallizing and reforming consumer rights as enshrined in the various laws of Ghana as well as fair trading regulations.
This will ensure an easily-accessible, consumer-friendly, cross-cutting, rights-based approach to the development of a single, comprehensive legal framework for consumer protection. As the review of existing laws is inevitable considering that there are a number of obsolete consumer protection provisions that need to reflect modern consumer economics It should not be a mere major review of commercial and fair trade laws but must make provision for the drafting of new ones. It must cover much ground to the extent of providing for future innovative business fraud schemes and unfair trade practices.
Many developing countries on the various continents such as Argentina, Brazil, Chile, Botswana, Uganda, Malawi and South Africa have moved towards a comprehensive rights-based approach to their development of legislation for consumer protection that was guided by the UN Guidelines for consumer protection under the themes of Physical Safety, Economic Interests, Standards, Essential Goods and Services, Redress, Education and Information, and Health.
Beyond the establishment of a Consumer Protection Authority and Small Claims Courts, the Ghana Consumer Protection Law must move for the creation of the necessary institutions to take care of general consumer rights, product quality and safety and the specialized area of financial services that will all strengthen the Consumer Protection Regime such as a Consumer Product Safety Commission and a Consumer Financial Protection Commission.
As consumer groups in Ghana are moving for the new consumer protection law, which they believe will protect Ghanaian consumers, the Consumer Partnership is of the opinion that given the present environment of lack of legal enforcement compounded by a lacunae of resources, a new act of law is no guarantee of better consumer protection although it could be a first step in the process. The Consumer Partnership also believes that some of the voluntary standards developed by the Ghana Standards Board, such as the Advertising Code must be passed into law making reference to it as a Legislative Instrument (LI).
Consumer Protection is not a one-way street and requires consumers to act responsibly as no quantum of protection can secure irresponsible consumers. Consumer Protection is a process that involves consumers, service providers, producers and the government in a blend of roles and responsibilities. Thus, a working definition of Consumer Protection proposed by the Consumer Partnership given this background should include
‘the responsible ethical behaviour of consumers, producers or service providers in the respective buying and selling of products or services and the effective control of the marketplace by the government through the enforcement of laws and regulations, the promotion of standards and the dissemination consumer education.’
This presupposes that for consumer protection to exist, prevail, and be effective, the following conditions must be satisfied:
1. Consumers must be aware of their rights and responsibilities
2. Consumers must be responsible in the exercise of their rights
3. Consumers must be aware of the ethical consequences of their consumption
4. Producers and Service Providers must be responsible for the consequences of selling shoddy goods and services
5. Producers and Service Providers must be ethical in the conduct of their business
6. Government must regulate the marketplace through policy, laws and regulations
7. Government must exercise its responsibility of promoting standards, Consumer Education and Consumer Protection through an Ombudsman and other supporting agencies.
Of critical importance is the essence of Consumer and Business Education as a government responsibility even with the enactment of a new consumer protection law. Consumers need consumer education to build their capacity to act as rational and responsible consumers in the market place; Businesspersons need consumer education to build their capacity to become ethical businesspersons, to serve consumer interest, satisfaction and well‐being for a profit, rather than to profiteer from them; and Manufacturers need consumer education to build their capacity to become ethical manufacturers to serve consumer interest, satisfaction and well‐being, also for a profit and not mislead consumers to profiteer from them.
The actions of educated consumers and responsible businesses are often highly effective in minimising the harm caused by shoddy services and unsafe products. More importantly, they do so in a way that poses the least obstacles to business activity and to the ability of consumers to choose the goods and services that they prefer.
Responsible businesses go to considerable lengths to ensure that the products which they market are safe for consumers and that consumers are provided with sufficient information to use products safely. Many Ghanaian consumers take for granted that they need to educate themselves about the safety characteristics of the products which they purchase.
In their own bid to protect themselves, Ghanaian consumers need a set of tools to equip themselves with knowledge for their own safety. These tools of self-protection include protecting and optimizing their limited resources, avoiding product misuse, seeking information on products before buying them, using their buying power intelligently by patronizing quality goods and services while boycotting fake ones.
Consumer advocates in Ghana have often made the mistake of thinking that knowledge of consumer rights and the enactment of consumer protection laws will provide a safe haven for Ghanaian consumers. In every country in the world, even in the absence of a consolidated Consumer Protection Law, various statutes in the various sectors of the economy already contain provisions that are meant to protect the interests of consumers and it is the lack of legal enforcement that has been the bane of the system. Some of these laws and regulations are the mandates of various regulatory agencies in the country that are responsible for their enforcement and there are consumer protection provisions in all of them. Prioritizing consumer protection within their mandate has been the growing concern of Ghanaian consumers as they find very little being done in this area. Most Ghanaian consumers question in whose interest some of these government regulatory agencies are working as they believe that these government agencies are more protective of businesses within their jurisdiction than protecting consumers. This is buttressed by the fact that government regulatory agencies have not got sub-offices in the central business districts and other major markets where most consumer problems persist and are more prominent than their present head offices that are unreachable to most Ghanaian consumers.
Even in those countries where there is an enacted Consumer Protection Law, consumers cannot profess to know its content in totality. However, just like knowing there is a Police Force that looks out for the violation of criminal laws that we may not even be aware of, citizens still have the responsibility of protecting themselves from crime by learning to lock up their property, keeping their homes insured, staying away from infringing on other people’s freedoms and learning which of their own actions constitute civil wrongs and criminal violations, etc.
Even with the presence of consumer protection organizations, consumers, thus, have a responsibility of learning to read labels of products to check the ingredients, date of expiry, etc since no organization or law will do so for them at the point of purchase. Similarly, consumers are to read and understand contracts there are given to sign before appending their signatures.
For more information, contact:
The Consumer Partnership-Ghana [The COP]
KDPM 28
Kanda-Accra
Email: jytlukaz-AT-gmail.com, theconsumerpartnership-AT-gmail.com
http://www.ghanaconsumerwatch.wordpress.com
http://www.ghanaconsumerwatch.blogspot.com
http://www.theconsumerpartnership.wordpress.com
Showing posts with label Consumer Protection Policy- Ghana. Show all posts
Showing posts with label Consumer Protection Policy- Ghana. Show all posts
Wednesday, February 23, 2011
Friday, October 22, 2010
Is Consumer Protection Obama’s New Public Diplomacy Tool?
by Jean Lukaz MIH
Soft as silence, Obama’s Consumer Protection Advocacy has ridden on the waves of the global economic recession and landed on the African Continent, for the past two years, through the Office of International Affairs of the United States Federal Trade Commission (FTC). The African Consumer Protection Dialogue is gaining ground and bringing in its trail big players such as Consumers International (CI) and the World Bank.
This has been part of the FTC’s second year of consumer education outreach to the African continent in its commitment to working towards consumer protection in a global competitive marketplace that knows few boundaries. In a bid to sensitizing consumer protection enforcement agencies in African countries on the need for closer co-operation and a common framework to tackle cross-border fraudulent and deceptive commercial practices, the FTC seems to be laying the groundwork for enhanced international co-operation on a larger number of consumer protection issues in Africa.
As most of existing national laws and enforcement systems designed to address fraudulent and deceptive commercial practices against consumers were developed at a time when such practices were predominantly domestic, and such laws and systems are therefore not always adequate to address the emerging problem of cross-border fraudulent and deceptive commercial practices, the Office of International Affairs of the FTC is working with competition and consumer protection agencies in Africa to promote cooperation and convergence toward best practices and is also actively assisting developing countries in their transition to market-based economies and their development of competition and consumer protection agencies. The FTC also aims at helping current regulatory environment for consumer protection to be consolidated from the fractured array of national agencies and regulatory authorities from the example of the recent move of the US in the establishment of the Consumer Financial Protection Agency (CPFA).
After haggling with African governments with the attendance of Consumers International (CI), the global consumer lobby, the FTC is now globe-trotting from one African country to another gathering consumer protection groups and government regulatory agencies alike in a consultative technical assistance that seeks to persuade African governments adapt the successes of the FTC institutional and legal framework to the African setting.
It appears that the promotion of consumer protection has finally become one of the tools of Obama’s public diplomacy efforts. With the increasing penetration and influence of the Chinese in Africa, it seems that the only way the root out the Asian menace is to cripple the shoddy products that used to be the hallmark of the rogue trade of the awakening giant through co-operation.
In the light of present developments some Africans are quite strongly behind China with her easily accessible credit and technology transfer with softer ties. Quoting Makwaia wa Kuhenga, [The Citizen, Tanzania]: ‘The propaganda against China most often than not is as if China is poised to grab vast swathes of land in Africa to meet this Asian country’s “hunger” for raw materials and energy! But the real worry of those projecting China in this manner with the intent to scare African countries is that the owners of these multinational media agencies are wary that Africa may diversify its trade relations in favour of China, thus ditching Africa’s former colonial powers.’
Third World consumers as well as poor consumers in advanced countries have always been at the vulnerable end of rogue trade as a pitiful result of trade liberalization. Poverty has turned out to be the very nemesis of poor consumers faced with a libidinal bargain hunt for the cheapest offers and multiple choices between various degrees of both locally produced and imported shoddy and hazardous products. In the absence of affordable options and the right to affordable choice, poor consumers only exercise their will and purchasing power in an act of faith with the ‘audacity of hope’ that by chance they shall get value for their money. ‘But compared to the former colonial powers in Africa who seem to sustain an exploitative relationship in Africa via subtle means, it would appear the Chinese want to hand Africa - not free fish already cooked on the table - but hand us fishing nets to go and fish ourselves in the sea; true to their ancient adage and tradition. What are we ready to accept: fishing nets or mosquito nets?’, says Makwaia wa Kuhenga.
On a balance, the stance of the US in relation to China is highlighted be Nye as he says ‘If America treats China as an enemy today, it will ensure future enmity. While we cannot be sure how China will evolve, it makes no sense to foreclose the prospect of a better future. America’s current policy combines economic integration with a hedge against future uncertainty… But, while such hedging is natural in world politics, modesty is important for both sides. If the overall climate is one of distrust, what looks like a hedge to one side can look like a threat to the other’. International relations in the 21st century is no longer exclusive, and there is neither a cold war expectation that countries align to a dominant power as it used to be. Or maybe Africa is presently riding the Non-Alignment Trade Bandwagon and cannot be bothered by hidden agendas as long as the continent gets the support she needs, irrespective of the source?
Soft as silence, Obama’s Consumer Protection Advocacy has ridden on the waves of the global economic recession and landed on the African Continent, for the past two years, through the Office of International Affairs of the United States Federal Trade Commission (FTC). The African Consumer Protection Dialogue is gaining ground and bringing in its trail big players such as Consumers International (CI) and the World Bank.
This has been part of the FTC’s second year of consumer education outreach to the African continent in its commitment to working towards consumer protection in a global competitive marketplace that knows few boundaries. In a bid to sensitizing consumer protection enforcement agencies in African countries on the need for closer co-operation and a common framework to tackle cross-border fraudulent and deceptive commercial practices, the FTC seems to be laying the groundwork for enhanced international co-operation on a larger number of consumer protection issues in Africa.
As most of existing national laws and enforcement systems designed to address fraudulent and deceptive commercial practices against consumers were developed at a time when such practices were predominantly domestic, and such laws and systems are therefore not always adequate to address the emerging problem of cross-border fraudulent and deceptive commercial practices, the Office of International Affairs of the FTC is working with competition and consumer protection agencies in Africa to promote cooperation and convergence toward best practices and is also actively assisting developing countries in their transition to market-based economies and their development of competition and consumer protection agencies. The FTC also aims at helping current regulatory environment for consumer protection to be consolidated from the fractured array of national agencies and regulatory authorities from the example of the recent move of the US in the establishment of the Consumer Financial Protection Agency (CPFA).
After haggling with African governments with the attendance of Consumers International (CI), the global consumer lobby, the FTC is now globe-trotting from one African country to another gathering consumer protection groups and government regulatory agencies alike in a consultative technical assistance that seeks to persuade African governments adapt the successes of the FTC institutional and legal framework to the African setting.
It appears that the promotion of consumer protection has finally become one of the tools of Obama’s public diplomacy efforts. With the increasing penetration and influence of the Chinese in Africa, it seems that the only way the root out the Asian menace is to cripple the shoddy products that used to be the hallmark of the rogue trade of the awakening giant through co-operation.
In the light of present developments some Africans are quite strongly behind China with her easily accessible credit and technology transfer with softer ties. Quoting Makwaia wa Kuhenga, [The Citizen, Tanzania]: ‘The propaganda against China most often than not is as if China is poised to grab vast swathes of land in Africa to meet this Asian country’s “hunger” for raw materials and energy! But the real worry of those projecting China in this manner with the intent to scare African countries is that the owners of these multinational media agencies are wary that Africa may diversify its trade relations in favour of China, thus ditching Africa’s former colonial powers.’
Third World consumers as well as poor consumers in advanced countries have always been at the vulnerable end of rogue trade as a pitiful result of trade liberalization. Poverty has turned out to be the very nemesis of poor consumers faced with a libidinal bargain hunt for the cheapest offers and multiple choices between various degrees of both locally produced and imported shoddy and hazardous products. In the absence of affordable options and the right to affordable choice, poor consumers only exercise their will and purchasing power in an act of faith with the ‘audacity of hope’ that by chance they shall get value for their money. ‘But compared to the former colonial powers in Africa who seem to sustain an exploitative relationship in Africa via subtle means, it would appear the Chinese want to hand Africa - not free fish already cooked on the table - but hand us fishing nets to go and fish ourselves in the sea; true to their ancient adage and tradition. What are we ready to accept: fishing nets or mosquito nets?’, says Makwaia wa Kuhenga.
On a balance, the stance of the US in relation to China is highlighted be Nye as he says ‘If America treats China as an enemy today, it will ensure future enmity. While we cannot be sure how China will evolve, it makes no sense to foreclose the prospect of a better future. America’s current policy combines economic integration with a hedge against future uncertainty… But, while such hedging is natural in world politics, modesty is important for both sides. If the overall climate is one of distrust, what looks like a hedge to one side can look like a threat to the other’. International relations in the 21st century is no longer exclusive, and there is neither a cold war expectation that countries align to a dominant power as it used to be. Or maybe Africa is presently riding the Non-Alignment Trade Bandwagon and cannot be bothered by hidden agendas as long as the continent gets the support she needs, irrespective of the source?
Tuesday, September 28, 2010
Obama’s Long Arm of Consumer Protection Reaches out to Ghana
By Jean Lukaz MIH
A delegation from the Council for International Consumer Protection of the United States Federal Trade Commission (FTC) met with the Consumer lobby in Accra-Ghana under the auspices of the Ministry of Trade and Industry on Wednesday to deliberate on ways of leveraging the institutional strength of the FTC in establishing enforcement mechanisms to protect Ghanaian consumers.
This was part of the FTC’s second year of consumer education outreach to the African continent in their commitment to working towards consumer protection in a global competitive marketplace that knows few boundaries.
In a workshop themed ‘Empowering Consumers through Education’, the FTC delegates Deon Woods Bell and Shaundra L. Watson delivered presentations with Ghanaian counterparts on key topics that included common consumer protection challenges in the legal frameworks of both Ghana and the US, financial practices, internet fraud, consumer education tools, and dispute resolution and redress mechanisms.
According to Ms Bell, the principal, but not the only, consumer protection agency at the federal level is the United States Federal Trade Commission (FTC). The FTC works alone, but in concert with other federal agencies, to administer a wide variety of consumer protection laws. The overall goal is to afford consumers a deception-free marketplace and provide the highest-quality products at competitive prices.
Representatives of consumer protection organizations such as the Consumer Partnership (The COP) was in attendance and offered useful suggestions on how to adopt and implement the lessons learned from the FTC cases and consolidate the Consumer Protection Bill in terms of content and the institutional setup of the proposed Consumer Protection Authority (CPA) that will function as a parallel of the FTC. Other consumer NGOs present were Consumers Association of Ghana, Consumer Protection Agency and Consumer Services Association.
Discussing the legal authority of the FTC, Ms Watson indicated that the organisation has enforcement and administrative abilities and has two main goals of protecting consumers by preventing fraud, deception, and unfair business practices in the marketplace and of maintaining competition by preventing anticompetitive business practices. She added that under the FTC Act, the FTC can make victimized consumers whole through restitution and punish wrongdoers through disgorgement of ill-gotten gains. The FTC seeks these remedies when it can objectively determine a clear violation of a law and reasonably calculate the damages payment. The FTC does not have the power to bring criminal charges. Any such federal cases in the consumer protection area would be brought in federal courts by the U.S. Department of Justice.
The Office of International Affairs of the FTC works with competition and consumer protection agencies around the world to promote cooperation and convergence toward best practices and also actively assists developing countries in their transition to market-based economies and their development of competition and consumer protection agencies.
Updating the audience on the status of the Consumer Protection Policy and the long-awaited Consumer Protection Bill, Mr. Ben Peasah, a Director at the Ministry of Trade and Industry, intimated that the Policy is before Cabinet pending approval after which the next steps towards a consultative development of the Bill can commence.
Participants were drawn from various Ministries Departments and Agencies (MDAs) such as Bank of Ghana, Ghana Police Service, Customs Excise and Preventive Services (CEPS), Ghana Law Reform Commission, Judicial Service, Ghana Standards Board (GSB) and Food and Drugs Board (FDB) among others.
A delegation from the Council for International Consumer Protection of the United States Federal Trade Commission (FTC) met with the Consumer lobby in Accra-Ghana under the auspices of the Ministry of Trade and Industry on Wednesday to deliberate on ways of leveraging the institutional strength of the FTC in establishing enforcement mechanisms to protect Ghanaian consumers.
This was part of the FTC’s second year of consumer education outreach to the African continent in their commitment to working towards consumer protection in a global competitive marketplace that knows few boundaries.
In a workshop themed ‘Empowering Consumers through Education’, the FTC delegates Deon Woods Bell and Shaundra L. Watson delivered presentations with Ghanaian counterparts on key topics that included common consumer protection challenges in the legal frameworks of both Ghana and the US, financial practices, internet fraud, consumer education tools, and dispute resolution and redress mechanisms.
According to Ms Bell, the principal, but not the only, consumer protection agency at the federal level is the United States Federal Trade Commission (FTC). The FTC works alone, but in concert with other federal agencies, to administer a wide variety of consumer protection laws. The overall goal is to afford consumers a deception-free marketplace and provide the highest-quality products at competitive prices.
Representatives of consumer protection organizations such as the Consumer Partnership (The COP) was in attendance and offered useful suggestions on how to adopt and implement the lessons learned from the FTC cases and consolidate the Consumer Protection Bill in terms of content and the institutional setup of the proposed Consumer Protection Authority (CPA) that will function as a parallel of the FTC. Other consumer NGOs present were Consumers Association of Ghana, Consumer Protection Agency and Consumer Services Association.
Discussing the legal authority of the FTC, Ms Watson indicated that the organisation has enforcement and administrative abilities and has two main goals of protecting consumers by preventing fraud, deception, and unfair business practices in the marketplace and of maintaining competition by preventing anticompetitive business practices. She added that under the FTC Act, the FTC can make victimized consumers whole through restitution and punish wrongdoers through disgorgement of ill-gotten gains. The FTC seeks these remedies when it can objectively determine a clear violation of a law and reasonably calculate the damages payment. The FTC does not have the power to bring criminal charges. Any such federal cases in the consumer protection area would be brought in federal courts by the U.S. Department of Justice.
The Office of International Affairs of the FTC works with competition and consumer protection agencies around the world to promote cooperation and convergence toward best practices and also actively assists developing countries in their transition to market-based economies and their development of competition and consumer protection agencies.
Updating the audience on the status of the Consumer Protection Policy and the long-awaited Consumer Protection Bill, Mr. Ben Peasah, a Director at the Ministry of Trade and Industry, intimated that the Policy is before Cabinet pending approval after which the next steps towards a consultative development of the Bill can commence.
Participants were drawn from various Ministries Departments and Agencies (MDAs) such as Bank of Ghana, Ghana Police Service, Customs Excise and Preventive Services (CEPS), Ghana Law Reform Commission, Judicial Service, Ghana Standards Board (GSB) and Food and Drugs Board (FDB) among others.
Tuesday, March 16, 2010
Ghana Celebrates World Consumer Rights Day 2010
Consumer Protection is Government’s Duty!
Government has been urged to meet its obligations in the area of consumer protection both as a constitutional mandate and as required by UN guidelines on consumer protection for governments around the world. This statement was made by Jean Lukaz, Executive Director of the Consumer Partnership-Ghana and ISO Expert Trainer on Consumer Participation in Standardization, during a seminar held to mark World Consumer Rights Day (WCRD) 2010, which was hosted by the Ghana Standards Board (GSB) as part of its efforts at supporting consumer protection activities.
‘Ghanaian consumers must make a conscious effort at changing the culture of silence to adopt a culture of complaints’, he said. This enables businesses, government regulatory agencies and consumer protection organizations to respond effectively to rid out shoddy goods and services and thereby protect their rights, he added.
In his presentation, Mr Lukaz highlighted the fact that not only must consumers exercise their rights but also they should be aware of their responsibilities and the impact of their behaviour on business and government. He added that responsibilities always precede rights and that if Ghanaian consumers want their rights recognised, they must first exercise their responsibilities.
In an attempt to define consumer protection, he said Consumer Protection, thus, can be defined as:
‘the responsible ethical behaviour of consumers, producers or service providers in the respective buying and selling of goods or services and the effective control of the marketplace by the government through the enforcement of laws and regulations, the promotion of standards and the dissemination of consumer education.’ (The Consumer Partnership, 2009)
The best consumer protection is self-protection and consumers require consumer education to protect themselves in the market place. However, most consumer education efforts by governmernt agencies are ineffective because they are in English only and targeted at the literate population who read some key newspapers. This leaves about half the population uninformed and uneducated, he concluded.
Speaking on the theme for this year’s WCRD 2010 ‘Our money, Our rights’ as proposed by Consumers International, Mr Lukaz made reference to the fact that 80 percent of Ghanaians are financially illiterate and this amazingly includes educated folk. He urged that the Financial Services sector must adhere to codes outlined by the Partnership for Making Finance Work for Africa (MFW4A) and the UN Blue Book on Building Inclusive Financial Sectors for Development.
Jean Lukaz criticised the Consumer Movement in Ghana for not being established at grassroot level which has resulted in low levels of impatience and ‘demo-crazyness’. There seems to be more on advocacy than activism but cautioned that the Consumer Movement must desist from statements and activities that will create the perception that it is ‘anti-business’.
Also present were Consumer Protection Agency CEO, Mr Kofi Kapito, who led a discussion on the Ghanaian and quality consciousness and Mr Ken Appenteng of SPEED, who delivered a presentation on financial literacy in Ghana. Representatives from Consumer Focus, Lecturers and students from the University of Ghana Health Science Department were in attendance as well as members of the Public.
The Ghana Standards Board has been supporting consumer protection in Ghana as part of their international mandate from membership to the International Organization for Standardization (ISO) by encouraging consumer participation in standardization through the nomination of Consumer Representatives unto various Technical Committees and the participation of Consumer Organizations in ISO/COPOLCO (Consumer Policy Committee) activities. According to Mrs Adetola, Director of Standards, Jean Lukaz, a consumer representative on a Technical Committee, has been nominated to represent Ghana at the next ISO/COPOLCO Global Workshop on Social Responsibility in Copenhagen, Denmark from 15-21 May 2010.
Mrs Diana Amponsah further explained the activies of COPOLCO and how consumers participate in their activities in a presentation.
The Consumer Partnership-Ghana is advocating for access to stable, secure and fair financial services, which is important for consumers everywhere, not least in the context of the global financial crisis. Government policy makers have a duty to increase consumer information ( ‘truth in lending’ for example), invest in financial literacy initiatives (i.e., consumer education), insist that the retail financial industry take steps to protect consumers (self-regulatory codes of conduct, for example) and encourage the development of an independent regulatory oversight body responsible for monitoring, reviewing and taking complaints.
In a move to protecting Ghanaian consumers in Financial Services, the Bank of Ghana has established a new Investigation and Consumer Reporting Office (ICRO) within the Banking Supervision Department (BSD) as the financial industry watchdog office of the Bank of Ghana (BOG), with responsibility for protecting consumers of financial products/services and educating them on their rights and responsibilities. While this effort is laudable, the Consumer Partnership believes that government should be moving more towards state sponsorship of regulation instead of state provision since this prevents duplication of mandates as is the case of this new ICRO within the Bank of Ghana that is working with the same mission, laws and regulations.
Monday, September 7, 2009
Ghana to host conference on consumer protection in Africa
Ghana is to host an international conference on consumer protection in Africa, coming September 8-9, 2009 in Accra.
More than 250 policy makers, regulators, journalists and representatives from financial institutions and their apex organizations, the education sector, consumer protection agencies, and development partners from over 30 countries will participate in the conference.
The conference would be hosted in collaboration with the Partnership for Making Finance Work for Africa (MFW4A) on the theme “Promoting Financial Capability and Consumer Protection – A step forward towards financial inclusion in Africa.”
A statement from the Ministry of Finance and Economic Planning issued in Accra on Thursday, quoted Dr Kwabena Duffuor, Minister of Finance and Economic Planning saying "Promoting financial capability is about raising awareness, promoting knowledge, building trust, and changing behaviour.”
“And it is not limited to educating consumers and enabling them to take informed decisions on savings, loan and investment products”, he added.
According to him, management and staff of financial institutions need to be trained to become more responsive to the needs of their clients, and supervisors need the capacity to protect consumers against fraud and other bad business practices.
The conference is being organized against the background that low-income households in Africa often have limited access to demand-oriented and affordable financial services.
They include savings, loans, and insurance, which means they have to revert to more expensive and less secure traditional alternatives of saving and borrowing and remain vulnerable to adverse shocks.
Research has shown that in order to strengthen financial institutions in Africa, there is the need to promote financial capability, to empower people to be capable of managing their financial assets and liabilities and to better understand their rights and responsibilities vis-à-vis financial institutions.
However, strengthening the financial capability of the population is not sufficient since governments also have a role to play in protecting consumers by ensuring that financial institutions apply recognized standards and suitable codes of conducts.
In order to create sustainable ‘win-win situations’ in this long-run, it is believed that financial capability measures need to go hand in hand with responsible, transparent and reliable services provided by financial institutions.
In moderated regional and national working groups, participants will have the chance to develop ideas and proposals as to what they think should be done in their country or region to improve financial capability.
A panel on social marketing will show films and discuss which marketing channels can be used best to address the different target groups of financial capability campaigns.
The Government of Ghana, together with the Ghana Microfinance Institutions Network (GHAMFIN), will hold as a prelude to the conference, a day’s Pre-Conference on “Promoting Financial Capability and Consumer Protection in Ghana” on September 7, 2009.
According to Mr Seth Terkper, Deputy Minister of Finance and Economic Planning, “Financial capability is very high on the political agenda of the Government.”
He said “Ghana is one of the first countries in Africa that have developed and started to implement a National Strategy for Financial Literacy and Consumer Protection in the Microfinance Sector”.
Over the past two years, “financial literacy road shows” have been carried out in all 10 regions of Ghana, easy-to-understand educational materials have been developed and distributed, high school quizzes have been organized, and radio programs on saving and responsible borrowing as well as television sitcoms on insurance have been telecast.
All activities will culminate at the Ghana Financial Literacy Week, which will take place from 28 September 28 to October 3, 2009.
Against this background, over 150 Ghanaian and international financial sector champions from the public sector and the financial sector as well as representatives from academia, consumer protection agencies, non-governmental organizations and development partners will discuss and evaluate whether “Ghana is on track and set the right priorities in financial capability and consumer protection”.
Additionally, innovative topics such as “Integrating Financial Capability into High Schools” and “Promoting Financial Capability through Mass Media” will be addressed.
Source: GNA
More than 250 policy makers, regulators, journalists and representatives from financial institutions and their apex organizations, the education sector, consumer protection agencies, and development partners from over 30 countries will participate in the conference.
The conference would be hosted in collaboration with the Partnership for Making Finance Work for Africa (MFW4A) on the theme “Promoting Financial Capability and Consumer Protection – A step forward towards financial inclusion in Africa.”
A statement from the Ministry of Finance and Economic Planning issued in Accra on Thursday, quoted Dr Kwabena Duffuor, Minister of Finance and Economic Planning saying "Promoting financial capability is about raising awareness, promoting knowledge, building trust, and changing behaviour.”
“And it is not limited to educating consumers and enabling them to take informed decisions on savings, loan and investment products”, he added.
According to him, management and staff of financial institutions need to be trained to become more responsive to the needs of their clients, and supervisors need the capacity to protect consumers against fraud and other bad business practices.
The conference is being organized against the background that low-income households in Africa often have limited access to demand-oriented and affordable financial services.
They include savings, loans, and insurance, which means they have to revert to more expensive and less secure traditional alternatives of saving and borrowing and remain vulnerable to adverse shocks.
Research has shown that in order to strengthen financial institutions in Africa, there is the need to promote financial capability, to empower people to be capable of managing their financial assets and liabilities and to better understand their rights and responsibilities vis-à-vis financial institutions.
However, strengthening the financial capability of the population is not sufficient since governments also have a role to play in protecting consumers by ensuring that financial institutions apply recognized standards and suitable codes of conducts.
In order to create sustainable ‘win-win situations’ in this long-run, it is believed that financial capability measures need to go hand in hand with responsible, transparent and reliable services provided by financial institutions.
In moderated regional and national working groups, participants will have the chance to develop ideas and proposals as to what they think should be done in their country or region to improve financial capability.
A panel on social marketing will show films and discuss which marketing channels can be used best to address the different target groups of financial capability campaigns.
The Government of Ghana, together with the Ghana Microfinance Institutions Network (GHAMFIN), will hold as a prelude to the conference, a day’s Pre-Conference on “Promoting Financial Capability and Consumer Protection in Ghana” on September 7, 2009.
According to Mr Seth Terkper, Deputy Minister of Finance and Economic Planning, “Financial capability is very high on the political agenda of the Government.”
He said “Ghana is one of the first countries in Africa that have developed and started to implement a National Strategy for Financial Literacy and Consumer Protection in the Microfinance Sector”.
Over the past two years, “financial literacy road shows” have been carried out in all 10 regions of Ghana, easy-to-understand educational materials have been developed and distributed, high school quizzes have been organized, and radio programs on saving and responsible borrowing as well as television sitcoms on insurance have been telecast.
All activities will culminate at the Ghana Financial Literacy Week, which will take place from 28 September 28 to October 3, 2009.
Against this background, over 150 Ghanaian and international financial sector champions from the public sector and the financial sector as well as representatives from academia, consumer protection agencies, non-governmental organizations and development partners will discuss and evaluate whether “Ghana is on track and set the right priorities in financial capability and consumer protection”.
Additionally, innovative topics such as “Integrating Financial Capability into High Schools” and “Promoting Financial Capability through Mass Media” will be addressed.
Source: GNA
Thursday, June 25, 2009
Global consumer movement sets out conditions for a new financial order
· Consumer education not enough, protection is vital
· Measures to restrict emerging monopolies needed
· Ringfence retail banking to protect consumer deposits
· No bailouts without essential services investment obligations
Consumers International (CI), the global federation of consumer organisations, today set out its solutions to the financial fix calling for effective, affirmative, preventative consumer protection as an essential foundation for moving beyond the economic crisis.
Following worldwide consultation with its membership, CI is submitting its position to the UN Conference on the World Financial Crisis, 24-26 June. This follows ongoing contributions to the UN’s Stiglitz Committee and the OECD.
Joost Martens, Director General of Consumers International, stated that “While CI research has shown most consumers manage their finances responsibly, they have been unfairly blamed by governments, media and industry for creating this crisis through irresponsible borrowing, and then prolonging it through insufficient spending. It is high time the so-called experts start listening to consumers, rather than blaming them for the mess the bankers and governments have created.”
In mapping out the consumer movement’s call for a new financial order, CI argues that the financial crisis began with a failure to protect consumers from bad loans in the US and other mortgage markets. A viable fix for the global economy must include greater regulatory oversight of a far more transparent banking industry.
However, whilst transparency is important, more information for consumers is not enough. The system is simply too complex at present and needs regulatory intervention to remove incomprehensible financial products and services.
Robin Simpson, Senior Policy Advisor at Consumers International, has hinted that “Consumer education is a right, but avoiding financial ruin in the current climate takes more than access to information. No doubt the clients of Bernie Madoff thought their money was in good hands, but the billions he embezzled shows we are all susceptible to the faults in the financial system. Better law, as well as better understanding, is needed”.
The meltdown of the financial industry has also led to bank mergers being hurried through by competition authorities. CI is gravely concerned that the banking monopolies emerging from this crisis pose a danger to consumer choice and protection. We therefore call for strict monitoring and reporting requirements to be established to ensure the new financial services landscape works for the consumer.
There must also be a clear distinction between retail and investment banking activities. Only then can consumer deposits be protected from the irresponsible behaviour and risky speculation of the investment bankers.
CI is also concerned that the current seizure of bank activity is denying millions of poor consumers access to basic bank account services and starving critical public utility developments of investment. This is of particular concern in the developing world where the flow of funds is a vital means of achieving improved consumer access to electricity, water, sanitation and financial services.
CI is therefore demanding that taxpayer bailouts come with mandatory obligations to provide basic consumer banking services and investment in major social infrastructure projects.
According to Robin Simpson “The banking sector has elbowed its way to the front of the public expenditure queue as a result of the threat of collapse, effectively holding a gun to the head of government. They cannot simply swallow taxpayer money and carry on as before; firm commitments to provide for basic consumer needs and services must accompany these bailouts. ”
For more on CI’s work in this area, visit www.consumersinternational.org/financialcrisis
Tuesday, June 16, 2009
Towards A Consumer Protection Policy In Ghana
The Constitution of any country spells out the rights of citizens and the state policy defines the remedies. These are then reflected in the legislations, enforcement mechanisms and the administrative structures. So, one needs a clear policy statement from the government, before legislations can be enacted.
Businesses have always found ingenious ways of ripping consumers off and governments have managed to intervene by enacting laws to protect consumers. Laws to control, and punish businesses indulging in, adulteration and short weighing have existed in nearly all ancient civilisations: China Mesopotamia , etc.
Economics propositioned that ‘the sole and end purpose of all production is consumption’ (Adam Smith). National economic planning policies, thus, aim at allocating scarce resources, as far as possible, to the satisfaction of consumers’ basic needs.
Then there is considerable logical, moral and political force in the proposition that the right person to make the decision about the allocation of resources to his or her own needs is the consumer himself or herself. In earlier times, limited choices made transactions much simpler through the barter system. Trade and the monetisation of societies and their economies were accompanied by innovation and the development of new products and their distribution channels. International trade in modern times is far from bringing perfection and fairness in the market.
Consumers’ Interest as National Interest
American President John F Kennedy moved the consumers’ bill of rights in 1962 in the US Congress saying.. “If a consumer is offered inferior products, if prices are exorbitant, if drugs are unsafe or worthless, if the consumer is unable to choose on an informed basis, then his dollar is wasted, his health and safety may be threatened and national interest suffers.”
Kennedy equated consumers’ interest with national Interest. His speech delivered on
The UN Guidelines for Consumer Protection
The United Nations Guidelines for Consumer Protection adopted by the UN General Assembly of April 1985 call upon governments to develop, strengthen and maintain a consumer policy, and provide for enhanced protection of consumers by communicating it through various means on seven major themes: 1. Physical Safety, 2. Economic Interests, 3. Standards, 4. Essential Goods and Services, 5. Redress, 6. Education and Information, and 7. Health. Implicitly it spells out what governments need to do to buttress the eight rights of consumers.
Guidelines set out and codify the main elements of consumer protection, and create an international framework within which national consumer protection policies can be worked out. They give consumer policy a clear set of objectives and provide a checklist against which governments can measure their own policies. Being guidelines, they are meant to be adopted and reviewed according to changing times, innovations and new developments such as sustainable consumption.
Even when the Guidelines were being debated in the ECOSOC during 1983-85, sections of the business community lobbied against the adoption by the UN of any Guidelines at all, as well as against specific provisions. Consequently, there were attempts by some governments to remove whole sections. The main argument put forward by business interests against the Guidelines were that they favour an interventionist approach to economic management, were hostile to private enterprise, and that the UN has no role to play in what is essentially an area of national policy.
The
The Guidelines were passed in April 1985 and further reviewed in 1995 after 10 years. The present Consumers International (formerly IOCU) fought for this inclusion of certain elements that protected the poor in the
Consumer Rights as Human Rights
Every welfare state seeks to provide the protection of the Right to Basic Needs of consumers particularly for the have-nots. The right to basic needs is not just a consumer right, but a human right as well. Article 25 of the UN Declaration of Human Rights says: “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services.” But this right has not found a place in legislations yet.
Former centrally planned economies had this as well the right to work enshrined in their constitutions, and did succeed to a large extent through appropriate state interventions. In the bargain their economies suffered through high deficits and indebtedness. Rather than create enabling mechanisms for a consumer to create opportunities for acquiring the means, the state relied on price controls and heavy subsidies. With capitalism, the poor are becoming poorer, and more needs to be done to alleviate poverty. It has, therefore, become increasingly important for the State to intervene in the demand and supply markets.
Aims of A Consumer Protection Policy
Governments are urged in the UN Guidelines to give special attention to the needs of disadvantaged consumers, in both rural and urban areas, including low-income consumers, and those with very low levels of literacy. But in addressing the basic needs of consumers it covers only three areas: pharmaceuticals, food standards and drinking water. It also addresses policies that ensure the distribution of essential goods and services, but not the entirety of basic survival needs of the ordinary consumer: food, clothing, shelter, education, health care and sanitation.
Energy and transportation are the two other areas of basic needs are not ordinarily basic to the
Many countries now have a number of legislations concerning consumer issues. A Consumer Ombudsman in the form of a central body oversees all consumer protections issues with the support of consumer protection laws. It encourages complainants to use its free services for dispute resolution rather than going to a civil court.
Protecting consumers’ economic interests is as important as regulation to ensure that the goods and services are available at a reasonable price and are safe. There is a consumer dimension to almost every state policy and therefore there is a need to take consumer interest into account in all policy decisions through public consultation. Consumer policy is not only about legislation governing consumer interest nor restricted to redressing consumer complaints.
Conclusion
A Consumer policy generally is “To inform the consumer of goods and services in such a way that his purchasing decisions contribute to the functioning of competitive markets, and to protect him where his position in the market is not strong enough to allow him to play this role”. In most developing countries, problems of consumers are more related to the provision of essential services such as drinking water, sanitation, education and health care, than the market-related ones. There is sufficient political, economic, social and legal rationale for governments to adopt an integrated and holistic consumer protection policy that will guide all Ministries, Departments and Agencies (MDAs) towards genuine consumer welfare.
Published in Public Agenda on 4th September 2006: www.ghanaweb.com/public_agenda
Http://www.theconsumerpartnership.org
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