In a previous post, I generously proffered the instances of consumer exploitation in Cameroon and the vivid point that consumer power is weak in Cameroon compared with other developing countries the like of Nigeria or Namibia, South Africa. In many areas of commercial and public decision making, the consumer has no voice. In many areas of daily life, consumers feel that they have little power. Click here to visit the post.
Consumer exploitation has so become commonplace and contraveners are hardly figured out or impeded where a clear-cut situation prevails. The government has the obligation to protect the consumer through its gendarme role in the economy by enforcing a steadfast and efficient generalized consumer protection blueprint which should permeate across all commercial regions and on their part, the consumer has the right to have (1) access to information educating them on their rights as consumers and (2) redress to confirmed acts of commercial improprieties by marketers.
Following, I shall present an expose on the blueprint for solving this problematic and oblige the government to act whereof.
WHAT IS CONSUMER PROTECTION
Consumer Protection begins with the recognition by a Government that consumers often face imbalances in economic terms, educational levels and bargaining power; and bearing in mind that consumers should have the right of access to non-hazardous products, as well as the right to promote just, equitable and sustainable economic and social development and environmental protection etc, and leveling sanctions and penalties to perpetrators and recidivists.
THE ROLE OF OUR GOVERNMENT
Our Government has developed a consumer protection policy, taking into account
(a) the protection for its population as consumers;
(b) facilitating production and distribution patterns responsive to the needs and desires of consumers;
(c) encouraging high levels of ethical conduct for those engaged in the production and distribution of goods and services to consumers;
(d) curbing abusive business practices by all enterprises at the national and international levels which adversely affect consumers;
(f) Freedom to form consumer and other relevant groups or organizations and the opportunity of such organizations to present their views in decision-making processes affecting them.
To this effect the Government in tune with these guidelines created over the years regulatory bodies the likes for water, electricity, telecommunication, hydrocarbon to name just a few that regulate markets but which unfortunately are circumscribed to the provinces of monopoly and oligopoly at most. Such Oligopoly and Monopoly market types include: Camwater for the water sector, AES Sonel for the electricity sector, Camtel, MTNC, Orange for the telecommunication sector, etc. The ministry of trade on its part conducts various campaigns on controlling prices for most consumer goods and services.
Nevertheless these efforts albeit legitimate have fallen short of performance in the neighborhood of the pure and perfect market and wanting in the following:
- the protection (adequate) of consumers from hazards to their health and safety;
- the access of consumers to adequate information to enable them to make informed choices according to individual wishes and needs;
- the consumer education, including education on the environmental, social and economic impacts of consumer choice and the availability of effective consumer redress,
- the availability of a control mechanism to check the qualities of products at the level of finished goods and distributions and its discretional issuance of the quality check seal
- the curtailing of the prevailing situation of overcharged goods and services.
- The assurance to a very large number of Cameroonians who feel that they would not get satisfaction if they complained about poor quality or poor value in goods and services.
- The redemption of the loss to the Cameroonian consumer which includes that caused through poor quality of goods and services and the absence of a strong consumer voice.
The absence of the foregoing consequently whipped up the plethora of consumer exploitation circumstances we experience today in Cameroon.
SOLVING THE CONSUMER EXPLOITATION PROBLEM IN CAMEROON
The Process of addressing Consumer exploitation evokes essentially the establishing of a CONSUMER PROTECTION ACT which should provide a range of measures aimed at fostering compliance with consumer legislation, through self regulation (codes of practice) and through a suite of enforcement measures. The four main elements of the Act should be:
1. Establishment of a NATIONAL CONSUMER AGENCY charged with promoting and protecting the interests and welfare of consumers through: enforcement of consumer legislation, advocacy, research, education, and awareness.
2. Consolidating consumer legislation and repealing some old consumer laws.
3. Unfair Commercial Practices Directive intended to give consumers the same protection against unfair practices and rogue traders whether they are buying from the local corner shop or buying abroad.
4. development of a partnership approach with Government, regulators, business, consumer organisations and unions in promoting and safeguarding the interests of consumers.
RESPONSIBILITIES OF THE PROPOSED CAMEROON CONSUMER PROTECTION AGENCY (CCPA)
The CCPA ’s function should encompass all significant consumer issues, including international and national legislation, comparative pricing, consumer vulnerability, etc. An early priority should be to examine the services sector (professional, trade and domestic services), which is a significant component of consumer expenditure and is an area of major concern to consumers.
As a consumer advocate, the CCPA should provide a strong voice for consumers in public debate and in submissions to the international, Government, State agencies, regulators and commercial organisations. It should co-operate with other consumer organisations in supporting or opposing proposals for legislation, as appropriate.
The CCPA should become an important source of information for consumers, both on markets and on products. It should establish a national referral hotline and a web-based information portal for Consumers
The CCPA should have considerable powers of enforcement. It should be able to impose on-the- spot fines for breaches of consumer law and to bring repeat offenders to court. It should work with businesses to raise awareness of legal requirements and help them to meet these requirements. It should also work with the Chamber of Commerce and Industry to foster cross-border cooperation on consumer issues.
The CCPA should assess the adequacy and quality of consumer-related education and identify any necessary changes. It should work with the third-level education sector to introduce courses or modules on consumer protection and consumer law enforcement. It should work with business organisations and State bodies to improve staff training, in particular in the tourism, trades and retail sectors. It should promote and assist awareness initiatives which provide comparative price and quality information to consumers and give special attention to the needs of vulnerable consumers.
The CCPA should establish formal relationships with relevant bodies such as the regulatory bodies of Telecommunication, Hydro-Carbon, Water, Electricity etc to ensure that consumer interests are adequately represented.
The CCPA should seek to partner with non-governmental independent consumer advocacy organizations.
It is envisaged that the CCPA will be an independent, statutory State agency, with a Board appointed by the Minister for Enterprise, Trade and Employment, and a General Manager appointed by the Board.
The foregoing should be transcribed in great detail to adequately cover the wide surface of consumer activity. Below, the detailed job description of the Cameroon Consumer Protection Agency:
| Access | Access centres on consumers ’ ability to acquire market information and make informed decisions based on that information,at a price point and quality level that meets their requirements.The Access principle can be broken down into the following components: market information, choice, price and quality. |
| Safeguards | These are the safeguards that need to be put in place to protect consumers – they include: Health and safety Terms and conditions Advice and support on individual transactions |
| Advice and Support | Advice and support is a critical issue in consumer policy because those most in need of it are least likely to be aware or avail of other sources of information. Advice and support relates to individual transactions: in making a purchase or other financial commitment, the consumer will benefit from full information and discussion of the implications or the relative merits of different options. |
| Redress | Redress is the degree to which consumers can enforce their rights in an individual transaction,either to get what was agreed or to get compensation if it cannot be delivered. Consumers can get redress in a number of ways: By legal remedies By other redress institutions, such as the several regulatory bodies (for water, electricity, telecom etc) By Alternative Dispute Resolution (ADR) mechanisms. (includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation.) |
| Consumer Voice | Ideally consumer policy should strengthen and empower the consumer, enabling individuals to make better choices in future,and be better able to obtain their rights. Inputs include: Input into Terms,Conditions and Pricing Input into Government Policies Consumer Responsibilities |
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| Contact Centre | Create a portal for consumers to report complaints about online and related transactions with local and foreign sellers/companies. To receive complaints in English or French and create a trunk-line or an online Complaint Assistant call centre where distressed consumers could inquire about information or lay queries. |
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| Prevention | Work for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. |
| Consumer Sentinel | The Agency should enter complaints into Consumer Sentinel, a secure, online database available to all civil and criminal law enforcement agencies in Cameroon and abroad and its web site should provide free information on a variety of consumer topics. |
| Quality regulation | regulate and control quality standards for Foods, Drugs, Cosmetics, Medical Devices, Chemicals, Detergents and packaged water etc imported, manufactured locally and distributed in Cameroon |
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| Food | emphasize that no Processed Food shall be manufactured, imported, exported, advertised, sold or distributed in Cameroon unless it has been registered in accordance with Provisions Of a comprehensive decree respectively to that effect or a Certificate of Pass issued by the Agency. |
| Drugs | A Drug Product shall not be manufactured in Cameroon, unless the factory is inspected, and a Certificate of Recognition issued by the Agency. In the case of Imported Products:- There must be evidence of registration of such product by the competent Health Authority of the country of manufacture i.e. product License/Certificate of Registration. There must be evidence from the competent Health Authority, that the sale of the Product does not constitute a contravention of the cosmetics Laws that country i.e. Free Sale Certificate The documents in respect of the first two points above shall be authenticated by the Cameroonian Mission in that country In the case of an imported new substance, there must be evidence that limited local clinical trials have been undertaken, and that such product is registered in the country of origin and also, in at least 2 or more developed countries. No combination drug product shall be registered or considered for registration unless there is proven evidence that such a product has clinical advantage over the single drug available for the same indication(s). An applicant should indicate the class or type of registration required - whether it is for a prescription only product or an over the counter product Products found to be of doubtful, little or no therapeutic value and those which are sometimes rather harmful and subject to misuse shall not be considered for registration. An applicant shall not be allowed to register a drug formulation in more than one brand name even where different doses of the active ingredient(s) are used. All dosage forms of a particular brand name must contain the same active ingredient(s) or at least the major active ingredient(s) e.g. A cream - Betamethasone 10mg, A soap - Betamethasone 20mg Labeling of drugs Labeling shall be informative and accurate. Minimum requirements on the package label: Name of Product - Brand Name and generic name where applicable. The generic name must be in similar characters with the brand name. Location Address of the manufacturer. Batch No., Date of Manufacture and Best Before/Expiry Date. Dosage regimen on the package. Leaflet insert, if prescription product and hospital packs. Indications, frequency, route and conditions of administration. Quantitative listing of all the active ingredients per unit dose. Adequate warnings where necessary. Where a brand name is used, there MUST be the generic name which should be conspicuous in character, written directly under the brand name e.g. VENTOLIN Any drug product whose name, package or label bears close resemblance to an already registered product or is likely to be mistaken for such registered product, shall not be considered for registration. Any drug product which is labeled in a foreign language shall NOT be considered for registration unless an English and or French translation is included on the label and package insert (where applicable). Information on indication carried on packages and leaflet insert of imported drug product shall not differ from that in other countries and in particular the country of origin of the product. Failure to comply with these requirements may result in the disqualification of the application or lead to considerable delays in processing of registration. A successful application attracts a Certificate of Registration with a validity period of Five (5) years. NOTE * Failure to comply with these requirements may result in the disqualification of the application or lead to considerable delay in processing of registration. In case of processed food and packaged water, only manufacturing outfits situated in industrial areas will have their Registration Certificate valid for 5 years while those located in residential areas have one year validity (yearly listing). A successful applicant will be issued a Certificate of Registration with a validity period of five (5) years. Registration of a product does not automatically confer advertising permit. A separate application and subsequent approval by the proposed Agency shall be required if the product is to be advertised. The proposed Agency may withdraw the Certificate of Registration in the event that the product is advertised without express approval from the Agency. The Agency shall reserve the right to revoke, suspend or vary the certificate during its validity period. Filling an application form or paying for an application fee does not confer registration status. Failure to respond promptly to queries or inquiries raised by the proposed Agency on the application, will automatically lead to suspension of further processing of the application. |
| Cosmetics | Cosmetics shall not be manufactured in Cameroon, unless the factory is inspected, and a Certificate of Recognition issued by the Agency. In the case of imported products:- There must be evidence of registration of such product by the competent Health Authority of the country of manufacture i.e. Product License /Certificate of Registration. There must be evidence from the competent Health Authority, that the sale of the Product does not contravene the Cosmetics Laws of that country i.e. Free Sale Certificate In the case of imported new product, there must be evidence that such product is registered in the country of origin, and that the ingredients are approved raw materials. An applicant shall not be allowed to register a cosmetic product in more than one brand name, except in cases where the manufacturers are different having different brand names for the same formulation. Labeling Terms Labeling shall be informative and accurate. Minimum requirements on the package label: Name of Product - Brand Name and generic name where applicable. The generic name must be in similar characters with the brand name. Location Address of the manufacturer. Batch No., Date of Manufacture and Best Before/Expiry Date. Dosage regimen on the package. Leaflet insert, if prescription product and hospital packs. Indications, frequency, route and conditions of administration. Quantitative listing of all the active ingredients per unit dose. Adequate warnings where necessary. Where a brand name is used, there MUST be the generic name which should be conspicuous in character, written directly under the brand name e.g. VENTOLIN, SALBUTAMOL Any drug product whose name, package or label bears close resemblance to an already registered product or is likely to be mistaken for such registered product, shall not be considered for registration. Any drug product which is labeled in a foreign language shall NOT be considered for registration unless an English translation is included on the label and package insert (where applicable). Information on indication carried on packages and leaflet insert of imported drug product shall not differ from that in other countries and in particular the country of origin of the product. Failure to comply with these requirements may result in the disqualification of the application or lead to considerable delays in processing of registration. A successful application attracts a Certificate of Registration with a validity period of Five (5) years. |
| Banned products | These are products which have been prohibited from importation into Cameroon by the Government and are therefore not accepted for registration or renewal of registration |
Mindful of this exposition, I believe that implementation of the facts in this proposal will create a new environment of consumer awareness, access, protection and influence that will enhance the quality of life for all in Cameroon. It will lead to more empowered consumers who will act for themselves, who will insist on good value for money, who will expect to be treated fairly, and who will know where to go when they need support.
Jerry Manga Williams
Bibliography
- Canada’s Office of Consumer Affairs (OCA)
- Watch How to File a Complaint with the US Federal Trade Commission here
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