Voices for Change: the Consumer Right to Representation

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World Consumer Rights Day 2002: Voices for Change
between Europe and Africa, Caribbean and
Pacific countries is an example of this, as it
ensures consumer representation and consumer
policy in implementing the trade agreement.
Governments not only recognise the
contribution of representation to better
decision-making through more active
citizenship, they also see its importance in
making markets work. By fostering consumer
representation, the risk of market failure
through incomplete and misleading
information is reduced. The demand side of
the economy is heard. The position of
consumers vis-à-vis producers in the
marketplace is strengthened.
Representation is also a necessary safety
mechanism in cases of government or
regulatory failure and when decision-makers
are unable for various reasons to identify and
promote consumer interests themselves.
Real representation needs long-term support
for consumer representatives. Support takes
two basic forms: to ensure inclusiveness and to
provide the technical capacity, time and
resources for active and effective participation.
Obstacles to Representation
There are many obstacles to effective
representation. Some of these relate to the representativeness,
legitimacy and accountability
of consumer representatives themselves.
Weak Representative Base
The principle criticism levied at consumer
leaders who preach participation is the
weakness in the representative base of
consumer organisations. Few consumer
associations are mass membership
organisations; most have limited membership
and often distinguish between subscribers to
their publications and those who may fully
participate in the association by holding office,
voting in elections and determining policy.
Nor are all consumer associations memberbased;
some are structured as foundations or
companies, with a small number of
shareholders or trustees.
One reason for this lies in the fact that the
consumer interest is diffused. Everybody is a
consumer and logically everybody is a
potential member of a consumer association.
But many people may not even see themselves
as consumers – consumption is something
people do, rather than something that
people are.
Yet consultation is an essential feature of
effective representation and the absence of a
significant membership or alternative means
of consulting with consumers compromises
the ability of their representatives to represent
their interests.
Competing claims to representation
The number of consumer organisations has
grown explosively. It is to the credit of
consumer associations that they have
succeeded in making consumer issues part of
the public agenda in many nations. But the
“mainstreaming” of consumer issues brings
more players on the scene, including many
from outside the consumer movement.
Political parties, trade unions and business
groups, for example, may establish consumer
units and stake a claim to representing the
consumer interest.
Accepting Compromises
Representation involves being a part of the
compromise that is achieved. Parties to a
compromise must “deliver” their
constituencies. Defending a compromise
may result in allegations of having sold
out by those not party to the discussions
and compromises reached.
Consumer representatives run the risks of
co-optation, a trend often ascribed to
regulatory agencies whose initially dynamic
defence of the public interest often devolves
into ineffective bureaucracies and de facto
acquiescence to the industry they were created
to monitor. The social facts of co-optation and
collegiality must be recognised, as they are
likely to blunt the efficacy of representation.
Staying “legit” in the eyes of
government
Many consumer associations are accepted
as an integral part of the consumer policymaking
mechanism in their countries.