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Voices for Change: the Consumer Right to Representation

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World <strong>Consumer</strong> <strong>Right</strong>s Day 2002: <strong>Voices</strong> <strong>for</strong> <strong>Change</strong><br />

They must be viewed as “legitimate” pressure<br />

groups in order <strong>to</strong> be taken seriously by<br />

government agencies. This can prove<br />

restrictive in countries where <strong>the</strong> requisite<br />

political and cultural space <strong>for</strong> dissent does<br />

not exist. Many consumer groups do not<br />

undertake (or have ceased <strong>to</strong> undertake)<br />

public interest litigation <strong>for</strong> this reason.<br />

O<strong>the</strong>rs temper <strong>the</strong>ir criticism of government<br />

policies within “acceptable” limits, since court<br />

challenges and criticism may be regarded as<br />

outside <strong>the</strong> “rules of <strong>the</strong> game.” This can<br />

compromise consumer representation. Groups<br />

that are distrusted by government agencies<br />

may have difficulty getting access <strong>to</strong><br />

in<strong>for</strong>mation and in being included in <strong>the</strong><br />

consultation process. Lack of access <strong>to</strong> <strong>the</strong><br />

policy-making process may mean <strong>the</strong>ir views<br />

are not aired.<br />

State of Play<br />

To assess <strong>the</strong> state of play, a survey of CI’s<br />

members was carried out <strong>for</strong> this WCRD.<br />

Approximately 70 consumer groups from<br />

around <strong>the</strong> world gave detailed descriptions of<br />

where <strong>the</strong>y are active, <strong>the</strong> extent of <strong>the</strong>ir<br />

participation, obstacles faced, <strong>the</strong>ir successes<br />

and continuing needs (see Annex A). The<br />

responses <strong>to</strong> this survey are analysed in<br />

Chapter 5 and a sample of <strong>the</strong> questionnaire<br />

can be found in Annex D.<br />

Overall analysis of <strong>the</strong> survey shows that<br />

consumer representation is relatively extensive<br />

in some areas but not in o<strong>the</strong>rs. Leading <strong>the</strong><br />

list are consumer policy and protection, food<br />

security and safety and technical standards.<br />

Where <strong>the</strong>re is representation, impact has been<br />

described as more positive than negative,<br />

rarely very poor and sometimes excellent.<br />

Levels of representation tapers off <strong>for</strong><br />

competition, trade/economics, education,<br />

communications/in<strong>for</strong>mation technology,<br />

social issues/poverty alleviation, price<br />

controls, gender/women, financial services<br />

regulation and transportation.<br />

Interestingly, CI government members who<br />

replied <strong>to</strong> this questionnaire cried out <strong>for</strong> <strong>the</strong><br />

need <strong>for</strong> independent consumer organisations.<br />

“The absence of a strong consumer movement<br />

limits <strong>the</strong> participation of consumers in policymaking<br />

process on matters that affect <strong>the</strong>m,”<br />

wrote Wendy Williams of <strong>the</strong> governmental<br />

<strong>Consumer</strong> Affairs Division in Trinidad and<br />

Tobago. Here and elsewhere, government<br />

consumer protection agencies sought a<br />

stronger role <strong>for</strong> NGOs – in part because<br />

“one major disadvantage of a government<br />

consumer agency is <strong>the</strong> perception that it is<br />

not interested primarily in <strong>the</strong> interests of<br />

consumers,” she notes.<br />

However, government members responding <strong>to</strong><br />

<strong>the</strong> questionnaire gave few details of <strong>the</strong> ways<br />

that <strong>the</strong>y <strong>the</strong>mselves choose <strong>to</strong> represent<br />

consumer interests across government.<br />

Descriptive case studies of <strong>the</strong> impact of<br />

consumer representation on specific policies –<br />

and thus on <strong>the</strong> lives of consumer <strong>the</strong>mselves<br />

– illustrated both <strong>the</strong> value of working within<br />

<strong>the</strong> system and <strong>the</strong> need <strong>to</strong> be willing <strong>to</strong> raise<br />

challenges from without. These are<br />

summarised in Annexes B and C. Successes<br />

ranged from improved standards <strong>for</strong> condoms,<br />

manda<strong>to</strong>ry genetically modified (GM) food<br />

labelling, improved basic services and <strong>the</strong><br />

creation of alternative dispute resolution<br />

systems. Tactics included scientific testing,<br />

canvassing of members, lobbying, media<br />

outreach, peaceful protests and pulling out of<br />

government committees when consumer needs<br />

were being s<strong>to</strong>newalled. High on <strong>the</strong> list of<br />

needs <strong>for</strong> better representation is access <strong>to</strong><br />

more opportune in<strong>for</strong>mation when sitting on<br />

committees, greater influence in <strong>the</strong> legislative<br />

arena and <strong>the</strong> creation of new mechanisms in<br />

areas such as transportation, medical ethics<br />

and research. Case studies also stressed <strong>the</strong><br />

importance of legal action as a <strong>for</strong>m of<br />

representation, both as a means of exerting<br />

pressure and as a <strong>for</strong>m of obtaining redress.<br />

Given <strong>the</strong> challenges of representation,<br />

Chapter 6 assesses <strong>Consumer</strong>s International’s<br />

work at representing consumers on <strong>the</strong><br />

different <strong>to</strong>pics at <strong>the</strong> regional and global<br />

levels in different institutions.<br />

WCRD Action<br />

To foster effective consumer representation,<br />

action is necessary. World <strong>Consumer</strong> <strong>Right</strong>s<br />

11

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