Consumer Protection Authority & Measures

• Consumers face increased threats due to poor business practices and low-quality products, impacting electronic commerce.
• The Ghana Trade Policy proposed a Consumer Protection Policy due to an inadequate consumer protection regime.
• Key problems: deficient laws, regulations, institutions, and lack of affordable redress for consumers.
• Policy preparation involved all stakeholders using a consultative approach, including a five-level consultation process for policy inputs.
• The process included literature reviews, meetings with actors/associations, Goal-Oriented Policy Planning, in-depth group meetings, and a Ministry review by a Technical Committee.
• The final document involved government and non-government actors at a Ministry-organized workshop, sponsored by Consumer International.

Policy Initiatives

• Offers initiatives for consumer welfare, health, and safety.
• Addresses needs in areas like safety, quality, labeling, advertising, consumer choice, and protection of special consumer groups.
• UN Guidelines recommendations cover food, water, pharmaceuticals, contracts, credit, cooperation, and ecommerce.
• Policy includes establishing a Consumer Protection Authority, redress mechanisms, sensitization programs, and Parliament enactment of a law.
• The aim is to create full consumer protection with a Competition Law.

Abbreviations

• ADR: Alternative Dispute Resolution
• CAC: Codex Alimentarius Commission
• CPA: Consumer Protection Authority
• FDA: Food and Drugs Authority
• GAP: Good Agronomical Practices
• GM: Green Marketing
• GPRS: Growth and Poverty Reduction Strategy
• GSA: Ghana Standards Authority
• GS: Ghana Standards
• ICT: Information and Communication Technology
• IEC: International Electrotechnical Commission
• IPPC: International Plant Protection Convention
• ISO: International Organization for Standardization
• ITU: International Telecommunication Union
• LI: Legislative Instruments
• MOTI: Ministry of Trade and Industry
• NAC: National Advertising Council
• NCA: National Communications Authority
• NCCE: National Commission on Civic Education
• NEPAD: New Partnership for Africa's Development
• NGO: Non-Governmental Organization
• OIE: World Organization for Animal Health
• PURC: Public Utilities Regulatory Commission
• SPS: Sanitary and Phyto-Sanitary Measures
• TBT: Technical Barriers to Trade
• UN: United Nations
• WTO: World Trade Organization

Introduction

• Ghana has achieved economic stability through fiscal management within frameworks like GSGDA (2010-2013) and GPRS I (2003-2006), (2006-2009).
• Focus is on growth and poverty reduction, emphasizing economic growth and social equity.
• Economy liberalization heightened exposure to dangers from poor practices, substandard goods, and poor service, requiring government intervention.
• The current Consumer Protection regime has scattered legislative and regulatory provisions, that are inadequate due to lack of an overarching policy/law.
• Inadequate National Quality Infrastructure leads to service overlaps, burdening consumers.
• Lack of Technical Regulations does not protect consumer health and safety.
• Current consumer protection has shortcomings: legislative gaps, ineffective laws, lack of institutions, and costly redress mechanisms.
• There's a perception that justice for grievances is unattainable.
• An effective consumer protection regime in Ghana is needed due to deficiencies.
• A Consumer Protection Policy is part of the Ghana Trade Policy, its goal is to establish infrastructure to enhance consumer rights and interests.

Background Information

• The WTO's establishment in 1995 increased global trade due to trade liberalization from the Uruguay Round.
• Trade liberalization/globalization, IT, standardization, and advertising have fueled trade/investment integration, creating mass production.
• The Ghanaian market opened to competition, exposing consumers to hazards and malpractices.
• Improved good/service availability may lead to hazards and substandard quality and without methods to address.
• Global consumer market integration imbalances are evident in bargaining power.
• Ghana has unfair practices, misleading advertising, inaccurate information, and hazardous goods trading.
• Goods include banned drugs, counterfeit drugs, used electronics, and batteries.
• Ghanaian consumers face unsafe, substandard, and improperly labeled pre-packaged foods and public outcry exists.
• Consumer rights are a global issue.

Observations of consumer Protection Around the World

• Government must ensure a fair marketplace for consumer interests/safety.
• Ghana follows the UN Guidelines for Consumer Protection, adopted in 1985 and expanded in 1999.
• Guidelines are the international reference for government action and aligned with Constitution and NEPAD principles.
• Developed countries have consumer protection regimes and laws.
• Countries, like the UK and Germany, which are EU members, consumer protection laws stem from EU directives.
• The United States has laws regulating consumer affairs and Taiwan uses national laws to protect consumer interests.
• Developing countries, like Nigeria, feature a Consumer Protection Council.
• South Africa's Consumer Protection Act promotes social/economic consumer welfare.

Strategic Vision

• Government's consumer protection vision is to create a protective environment, improve welfare, promote fair trade, and ensure human rights.
• This vision applies to the framework of the State Policy, human rights, and the UN Guidelines for Consumer Protection.
• It recognizes the consumer role in market functioning.

Policy Goals

• Empower, protect, and enhance consumer welfare via seven goals:
• Establish a fair marketplace aligned with Ghana's Trade Policy.
• Provide/framework for consumer confidence, especially for vulnerable consumers.
• Ensure access to redress for all consumers.
• Empower consumers to assert rights.
• Promote customer responsiveness in public/private sectors.
• Harmonize the environment.
• Align Policy with international practices

Policy Objectives

• Increase consumer confidence.
• Strengthen consumer position.
• Address consumer concerns, especially for women, children, and the disadvantaged.
• Establish a public agency for Policy implementation.

Underlying Principles of the Policy

• Recognize consumer rights as human rights.
• Empower consumers through education and information.
• Encourage a consumer voice through advocacy.
• Ensure quick access to justice and redress.
• Ensure equal protection for all consumers, including the poor and illiterate.
• Offer equitable protection to those physically challenged and vulnerable.
• Ensure green marketing.

Special Provision

• MDAs are required to treat clients and consumers and protect human rights.

Legal Regimes and Institutions on Consumer Protection

• Consumer laws have the Sale of Goods Act of 1962, Food and Drugs Board Law of 1992, General Labeling Rule of 1992, Public Utility Regulatory Commission Act of 1997, the NCA Act of 1996, and Standards Decree of 1973.
• Comprehensive national consumer protection and public agencies are currently lacking.
• Ghanaian consumers lack adequate protection in the current framework.
• The Ministry of Trade and Industry has initiated a Consumer Protection Policy.

Role of Existing Legal Regimes and Institutions in Ghana

• Existing legislations and institutions with an impact on the policy fall within government to use a multi-sectoral, multifaceted and rights-based approach to consumer protection.
• Laws that protect the Consumer: includes The Sake if Goods Act, Hire Purchase Act, Contract Act, Standards Authority Act, Public Health Act, Foods and Drugs Law, Weights and Measures Act, Ghana Standards Board (Foods, Drugs and Other goods) General Labeling Rules

Ghana Standards Authority (GSA) and Consumer Protection

• GSA was established to ensure high-quality goods for local consumption and export.
• Its standards have been mandated to promote health and safety.
• Functions include researching specifications and testing materials.
• Authority recommends to the Industry Ministry to ban product sales or manufacturing that is unsafe for national/public interest.
• Products may not be suitable for sale or humans unless the Authority has certified the goods or the good complies with standards.
• The Authority can also construct rules about processing, treatment, marketing, and specifications of goods.

Food and Drugs Authority (FDA) and Consumer Protection

• This law protects consumers and covers food and drugs.
• Part I prohibits sales of adulterated/poisonous food, regulates offered prices as well as deception.
• Part II covers prohibited sale of drugs, cosmetics, devices and chemical substances including chemical substances, deception of consumers, advertisement etc
• Part III covers the inspection of animals by authorized officers and forfeiture of seized articles

National Communications Authority (NCA) and Consumer Protection

• The National Communications Authority regulates communication through wire, radio, television, satellite for orderly technology development and operation.
• The role of the Authority is to provide communication services and ensure efficiency in the provision of community and customer needs.
• Also, to promote fair competition and protect operators/consumers from unfair operator conduct.
• A task is to protects consumer interests, and ensures quality equipment availability for consumers/operators.

Public Utilities and Regulatory Commission (PURC) and Consumer Protection

• The PURC Act focuses on supervising public utility services.
• Acts aim to protect consumers and public utility interests.
• They also set out considerations for guidelines such as cost of production of the service to the utility.
• Included are guidelines that set rates, examine/approve rates, protect interests of consumer, monitor standards, promote competition etc

National Commission for Civic Education (NCCE) and Consumer Protection

• The National Commission for Civic Education was established in accordance with Article 321 of the Constitution.
• Tasks are to educate and advance support to citizens to defend the constitution against abuse/violation.
• Commission Functions include setting guidelines and Overseeing programs to inculcate responsible civic citizenship
• They also assess government issues and propose inequality solutions.

Electronic Transaction Act

• The purposes of the include provide and facilitate electronic communications and related transactions in the public interest.
• Aim of act: remove and prevent bariers, promote legal confidence, ensure a safe environment, special needs are dealt with, ensure compliance, and prevent interest and images of republic not being compromised

Critical Success Factors

• Addressing unique challenges given informal/rural sectors and illiterate consumers:
• Ensuring similar protection levels for all consumers regardless of location or literacy.
• Promoting compliance among informal sector operators.
• Providing proper protective means for those handicapped and the poor.
• Empowering modestly knowledgeable consumers.
• Addressing technological/infrastructural challenges faced by poor areas.
• Protecting children from dangerous information online.

Thematic Areas

• Government intends to create measures through a Consumer Protection Policy, with the following thematic areas: Safety and distrubution facilities, Promoting conumer interests through fair trade, Quality Standards for safety, Redress measures, Advertising of Products and Services, Education and consumer choice etc
• Special subject areas: food, water, pharmaceuticals, electronics etc

Physical Safety Of Goods And Distribution Facilities

• Consumers need protection from dangerous goods, adequate channels for distribution, safe channels and secure methods.
• Policy Context: goods are traded in Markets, malls, shops and supermarkets. Markets need modern facilities as well awareness of traders in regards to customer care

Policy Objectives For Goods And Distribution

• It is important to promote a system that reflects consumers needs and an efficient system that provides various safe products.
• Policy Prescription: Government must ensure adoption of measures to prevent, promote and ensure the correct standards are adhered to in order to do this.

Promotion and Protection of Consumers' Economic Interests Through Fair Trading Practices

• Unfair trade practices includes the use of methods or deceptive methods.
• Fair competition ensures consumers are able to choose freely in the markets without being exploited.
• Policy Objectives: Promote trading practices that respect seller and buyers.
• Policy Prescription: Enforce rules to regulate fair markets and support supply chains, government support the market.

Quality Standards

• A standard can be considered as a model on what should be established by some authority.
• Effective stand regime is important for consumers.
• The World Trade is lined with technical barriers.
• Policy Objectives. is the strict enforcement of national safety between countries
• Policy Prescription Governments and set out appropriate awareness to standards. Governments will monitor standards

Consumer Redress and Representation Measures

• Representation/Consumer Redress are very important for consumer protection.
• The right to redress is fundamental.
• The framework should address the isssues or redress
• Policy Context: Create transparency and have available schemes for protection which includes awareness to consumer rights

Advertising

• Advertising allows consumers to be aware of product.
• In it advertising is there.
• Exaggeration is use, false claims, moral responsiblity.
• Policy Objectives, ethical standards.
• Sticked to advertising.

Education and INformation

• Consumers need to be educated on rights and protection.
• Poligy Context The population must be able to makes choice and see consumer protection has a human right
• Policies: To make aware the consumers on needs to go through programmes

Consumer Choice

• Idea of consumer choice, is crucial to the protection policy.
• Consumers are left for certain factors.
• Government formulate competition.

Sustainable Consumption.

• Sustainble consumption benefits today population to maintain the best means of future generations meeting there needs. and environmentally friendly.
• In ghanan activities are harful to the envrio,

Product INformation.

• Consumers are better informed through use in disposal of products. instructions are viital.
• Lot of products are not labeled making it hard for users to read.
• Policy Objectives, Goods are properly labeled.

Addresing Special NEEDS Of Vulnerable Desadvantaged CONSUMERS.

• This involves who might be distadvantage. the age, sick poor. Special

Special SubjECT AReas.

• Promote humna rights under constitusions. food, water are essential. credit carts are very important

Stand Form ContaTS

• Legaly blinding agreement between two part. When these happens the consumer can to obtain.
• Policy Objectives, respects responsibility.

Consumer Credit CONtrasctS.

• policy COntext. limited infor rights. - unfair billing, - witholding og ingo
• policy obejctives.
• Policy Pescrintpion government will include comsumer in credit LAws

Imports RESOLD

• The effect of GOLOzalaiton. countires chose ti imports somne tehc etc.
• Policy BObjective : safety standards will be enforced to ensure quality.

Electronic COMMere

• the electornic trade will give power to conumers to transacat ,

Internacioanal coopertaion

• Goverment is conis of new globale age.

Chapter 3

• the consumer act cuts across various sectors.
• Guidelies of actios and remidies- Governmet will ectsblaise Consumet Protect Authority, CPA which will ensure
• the laws help. . act and monitoirs

Implementation Arragnagements

• the imistruy will haev oveerral responsibiluty.
• the nCAE will be ablel tio sendisitze consumet

Implementation plans

• The plan requires severl agencies. educte the citiixens and educate consumers
• consumer group will be int involved. drafw law

Implementation framework

• covers the guide and istituaions. and minister yhave oversit, to resonsibilitys for the

Mainstreaming Consumers Protest

• sector pollcies .

Shared responsibility

• consume is ahred responsibiliity sectos all parties.

Legtimae 8tnereste pf ALL/

• every memenr of soceitry and status is ultimately all. .

Coverage

-Consumer Proectiosn coverys. that are accquirec by peoplel. public etc -implementation plan

montioing Framework

• monitoriesn is reopibsilty. that body to asiggns rples
• COmincation plan . comsumers must havve right
• setizxe geeral plice
• media publictatyionsn.

The government is committed to consumer protection through various measures, including establishing an independent Consumer Protection Authority (CPA). Strong inter-agency coordination is emphasized. The government will bolster consumer involvement in market monitoring to ensure product safety.