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3rd Caribbean Consumer Conference

THIRD CARIBBEAN CONSUMER CONFERENCE - PARTICIPATION FOR SURVIVAL
June 8-11, Kingston, Jamaica 1999


RECOMMENDATIONS

I) Recommendations
II) Lomé Convention Agreement between ACP countries and the European Union
III) Trade and Economics
IV) Consumer Policy
V) Relations with the Media
VI) Public Utilities
VII) Privatization of Public Utilities
VIII) Consumer Legislation
IX) Electronic Commerce
X) Empowerment through Information
XI) Networking
Networking at Regional Level
Networking at Local Level
XII) Regulation and Legislation for Safe, Affordabble and Reliable Service
XIII) Food Security



I RECOMMENDATIONS

Unanimously, the Conference recommended to set up a Caribbean Consumer Committee, to help Consumers International in the endeavour in setting up an integrated consumer programme for the region, from the region.

The Conference also recommends that:

1. Consumers International continue to support and facilitate the work of the Caribbean consumer movement through information, training, representation education and technical support in matters of urgent interest such as legislation, policy etc.

2.The CCCC comprise the following representation:

Fay Sylvester - Jamaica

Yolande Gooding - Trinidad and Tobago

Sheila Holder - Guyana

Junior Bacchus - St Vincent and the Grenadines

Representative - Aruba, Curaçao and St Maarten

3. The sub-regional CI Co-ordination office is resuscitated to facilitate the functioning of the CCCC and to perform as liaison between ROLAC and the Caribbean Region.

4. The terms of reference for the CCCC be drafted by Consumers International and placed before the Regional Conference in Panama. In the interim, the CCCC will function using draft terms of reference.

5. The Caribbean sub-region meet in conference every two years and that Trinidad and Tobago are asked to host the next conference scheduled for 2001.


II LOMÉ CONVENTION AGREEMENT BETWEEN ACP COUNTRIES
AND THE EUROPEAN UNION
Considering the current negotiations in respect of the new Lomé agreement, which are taking place between the ACP countries and the European Union and the work being done by Consumers International to have consumer policy included as an area for funding under the next agreement;

 Acknowledging the role of consumer policy as development policy, which can contribute to the improvement of the quality of life in the ACP countries;

Accepting that the execution of consumer policies and programmes in the countries of the agreement will be undertaken in collaboration with, and with the participation of, the consumer movement;

The Conference recommends that:

1. Caribbean consumer organisations lobby their governments in order to ensure their support for the inclusion of a consumer agenda in the new Lomé agreement.

2. Consumers International facilitate the participation of a consumer representative from the region, in future Lomé discussions, especially at the next meeting in Brussels.

3. Consumers International continue to represent and seek the interests of consumers in the ACP countries at the Lomé negotiations.

4. Consumer organisations and institutions in Africa, the Caribbean and the Pacific, continue to work together in collaboration with Consumers International, to ensure that the policy proposal is included in the new agreement.


III TRADE AND ECONOMICS
 Acknowledging the increasing importance of our economic links both regionally and internationally and recognizing the impactful role of regional and multilateral institutions on our economies;

The Conference recommends that:

1) Caribbean consumer organisations seek to be involved and to participate in the discussions on economic issues in CARICOM, FTAA and the ACS, especially those related to services, competition policies, food and agriculture.

2) Caribbean consumer organisations seek to be included in the discussion of position papers prepared by CARICOM and CI-ROLAC in respect of the FTAA.

3) Caribbean consumer organisations participate actively in Consumers International discussions on WTO position papers for the Second Ministerial Conference, which will take place in Seattle next November.


IV CONSUMER POLICY
The conference recognizes the need for the adoption of consumer policy at two levels - the national level and the regional level. It acknowledges the fact that the nations of the Caribbean are at varying stages in the development of consumer policy. It recognizes that:

 a) Consumer policy has implications for social development and equity.

b) The market environment in which consumers interact is hostile and imperfect and there is need to define and protect the rights of consumers.

c) At the regional level, the CARICOM Secretariat has not been very active in issues of consumer policy notwithstanding its current efforts to deal with policy in Protocol IX.

The Conference therefore recommends that:

1) The Consumer Organisations represented here commit themselves to work with all sectors of their national societies i.e. government, business and civil society towards the early definition and adoption of national consumer policy.

2) Countries which have an already defined national policy, make available their expertise where necessary, to facilitate the achievement of the objective at (1) above.

3) At the regional level, Caribbean consumers formulate and adopt an acceptable regional consumer policy and then work with the CARICOM secretariat towards its implementation and acceptance by regional governments, bearing in mind the soon-to-be established FTAA and the imminent negotiation of the new Lomé Convention.

4) Caribbean Consumer organisations, in collaboration with Consumers International, organize themselves to access training which would assist them to develop the skills necessary for policy creation and policy development.

5) Consumer Organisations work to encourage their governments to adopt consumer policy as development policy.

6) Consumer organizations to lobby governments to have one road consumer education curricula to cover the Region.

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V RELATIONS WITH THE MEDIA
 The Conference recognizes that the media has a fundamental role in the exposé and discussion of consumer protection issues and as a supportive partner for the Consumer Movement. It acknowledges the social role and responsibility of the media to disseminate information and to debate seriously, consumer issues. It accepts that both consumers and the media can benefit from the development of strong alliances between the two groups.

The Conference recommends, therefore, that:

1) Consumer organisations and advocates actively seek to establish solid beneficial relationships with the media through the mutual exchange of information and training.

2) Consumer groups/organisations work with the government, business sectors, and with civil society to encourage their use of the media as a means of widespread communication when important consumer information is to be disseminated.

3) Consumer groups/organisations negotiate to gain access to the media, whether print or electronic, as a means for informing and educating consumers.


VI PUBLIC UTILITIES
Acknowledging that most Public Utilities in the region function as natural monopolies in an environment of public discontent, the Conference recommends that governments in the Caribbean region:

1) Establish strong regulatory authorities to effectively regulate the public utilities.

2) Ensure that appropriate legal provision is made for :

a) the participation of consumer representatives as full partners in the regulatory process;

b) funding to be made available to consumer representatives for legal and technical support, to be paid for by Public Utilities;

2) In collaboration with Consumers International, lobby for the inclusion of consumer representatives in World Bank training programmes for Public Utility which are unfairly offered only to regulators and personnel.

3) Take the measures necessary to ensure that regulatory authorities consider, in their decision making processes, factors such as universal provision of service, accessibility, affordability.

4) Introduce a policy of full disclosure of information to facilitate timely access to information necessary for analysis in the defense and protection of consumers, as well as for the furtherance of transparency.

The Conference also recommends that consumer organisations/activists:

1) Lobby their governments to include consumer representation when appointing Boards of Public Utilitiy companies.

2) Buy shares in public utility companies whenever they become available.

3) Establish/create alliances with news media groups throughout the region to:


a) promote transparency in the regulatory process;

b) educate consumers about the regulatory process

c) disseminate information on the regulatory process.


2) Seek to develop home grown expertise in this area, while networking extensively with their world-wide counterparts.

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VII PRIVATIZATION OF PUBLIC UTILITIES
In the event of a decision to privatize public utilities, the Conference recommends that consumer organisations/advocates lobby their governments to:

 1) Adopt the principle of tight and effective regulation to protect consumers.

2) Employ strict monitoring of privatized entities to minimize exploitation of consumers by investors. 3) Encourage regional investors to take up share holding offers in regional public utilities which are being privatized.

4) Adopt the principle of "entitlement" in preference to "charitable hand-outs" as the basis of their privatization policy when negotiating with multi-national investors.


VIII CONSUMER LEGISLATION
 The Conference recognizes that the fundamental rights of consumers must be safeguarded through appropriate laws. It acknowledges that in the Caribbean as a whole, consumer protection laws are largely non-existent, or inadequate wherever they do exist. With the rapid advances being made in technology, our markets are quickly becoming borderless.

The Conference therefore recommends that,

1) Immediate action be taken to promote the following:

a) The UN Guidelines and Consumers International Model Law for consumer Protection, which should be adopted as policy to be applied across the region;

b) Caribbean consumer organisations should organize themselves as a powerful lobbying force to ensure that national and regional governments recognise the Consumers International guidelines for consumer protection ;

2) Corresponding legislation be enacted as a matter of priority;

3) Consumers use national structures to gain access to the decision making process in respect of the inter-governmental task force (IGTF) set up to draft CARICOM articles for consumer protection to be included in Protocol IX.


IX ELECTRONIC COMMERCE
Electronic Commerce and the Internet can no longer be considered the wave of the future. The future, so to speak, is upon us and they are, already, important tools for communication and commerce. Caribbean consumers at this time are barely participating in either the technology, or the debates, which are developing protocols for its use. While this medium offers many advantages and benefits for consumers, if properly utilized, it also represents great risk, especially for the unprepared or the uninitiated.

The Conference therefore recommends that Caribbean consumers:

1) Establish strong liaisons with Consumers International and other powerful lobbies, which can effectively represent their interests in the on-going debates at international fora.

2) Conduct research into the pros and cons of current and evolving available technology, as well as into what is being developed.

3) Evaluate their best options and initiate action with their governments towards the adoption of strategies for the beneficial use of this technology, in national development.

4) Seek to be informed and updated on developments in this technology and to share the information obtained with regional and international counterparts.


X EMPOWERMENT THROUGH INFORMATION
 The Conference recognizes that information is a fundamental element in developing consumer consciousness, in national development and also in sustainable consumption. The Conference accepts the concept of power as either organized money or organized people and, bearing in mind the old adage that knowledge is power, advocates the use of information as the mechanism for empowerment of consumers and their transformation into citizens imbued with a sustainable consciousness.

The Conference therefore recommends that:

1) The consumer organisations/groups present, collaborate with Consumers International and seek immediately to activate those communities which can help us to empower ourselves.

2) Consumer organisations/groups seek to develop active research units whose main tasks will be to:

i) identify access to information technologies and resources;

ii) activate those resources in their attempts to deal with consumer issues;

(iii) establish beneficial linkages with educational institutions.

3) Consumer organisations/groups establish and maintain information exchange networks on issues of relevance.

4) Consumer organisations and advocacy groups in collaboration with Consumers International seek to empower themselves through on-going training, to develop skills in information access, quality assessment and evaluation and appropriate utilization of information.

5) Consumer organisations identify and utilize new and varied approaches in reaching their clientele.

6) Consumers International set up a desk within a CARICOM country, manned by a CARICOM national who is domiciled in the region, to coordinate regional consumer issues.


XI NETWORKING
 Recognizing the fact that:

a) Caribbean countries are at varying stages of development in respect of consumer advocacy;

b) Financial resources in the region are, by and large, limited;

c) Regional populations are relatively small and scattered across a wide geographical area, the Conference acknowledges an urgent and critical need for networking on consumer issues, both within territories and across the region.


NETWORKING AT REGIONAL LEVEL
 The Conference therefore recommends that, at the regional level, consumer organisations and advocacy groups:

1) Seek access to e-mail facilities as soon as possible, so as to facilitate prompt and cheap access to information across the region.

2) Establish websites so that their work can get wide exposure, and in turn they can access information.

3) Support the circulation of a Caribbean newsletter, by providing information on developments in their various countries on a regular basis.

4) Seek to achieve the involvement of Universities in the region with a view to their including consumer education in their curricula.

5) Assist the work of each other by providing press releases on their work through CANA and other media houses.

6) Ensure that their publics are kept informed on issues which affect their daily lives including:

a) Food Security

b) The development of legislation including regulation and terms of contracts for all utilities and other important monopolies.

c) Electronic Commerce

d) Developments in trading arrangements.

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NETWORKING AT LOCAL LEVEL
 The Conference recommends that, at the local level, consumer organizations and advocacy groups:

1) Mount seminars, workshops and other events with the objective of impacting on the widest possible number of consumers.

2) Produce materials - print and multimedia - to enhance their capability to deliver educational programmes to consumers in schools, to civic groups etc.

3) Assist in creating a more vibrant consumer citizenry, by working with the Labour Movement, NGOs, Community Based Organisations and institutions such as Credit Unions, to facilitate the establishment of consumer groups throughout territories.


XII REGULATION AND LEGISLATION FOR SAFE, AFFORDABBLE AND RELIABLE SERVICE
 1. Legislation is needed to protect consumer rights advocates who are pursuing consumer rights matters, from government and business retaliation or victimization.

2. Legislation should be provided for the following:

a) The provision of information to the consumer prior to the purchase of goods and services.
b) Licensing, certification and warrantees should be made mandatory for specific goods and services.

1. Consumer advocates/organisations should educate and advise consumers that it is important to ask pertinent questions about the terms and conditions related to the sale of goods and services offer.
2. Multi-national service providers operating in the region should not be insulated from offering redress in the region especially with the advent of e-commerce.

3. Consumer advocates/organisations should make representation to their regional governments for consideration to be given to the development of international rules, in conjunction with Consumers International, guiding and regulating e-commerce services in the region.

4. Multi-national companies should not be allowed to make rules that exclude regional territories from redress.

5. A "cooling off" period should be instituted in consumer protection legislation to enable consumers to withdraw from a contract in circumstances where fine print and other related information need to be researched and considered.

6. Consumer organisations should work assiduously to persuade their governments to adopt the principles in the Consumer International's model law for the protection of consumers in Latin America & the Caribbean.


XIII FOOD SECURITY
 Food security is to be taken in its wider concept to involve the following:

a) The accessibility and choice of foods through sustainable production and delivery systems

b) The nutritional quality, value and acceptability of foods involving storage, packaging, standards and labelling, etc, of foods.

c) The affordability of foods.

1. Consumer advocates/organisations and regional governments should recognize the nexus between consumer advocacy and food security.

2. Agricultural industrialisation should be preceded by the appropriate environmental impact assessments to ensure sustainability, and, by extension, the security of the region's food supplies.

3. Protection of consumer interests in general, and food security in particular should require region-wide collaboration, such as representation in trade negotiations and the establishment of a Regional umbrella body of consumer organisations to facilitate a networking system for the dissemination of information.

4. Given the phenomena of globalisation, trade liberalization and the rules of international economic and trade relations, novel approaches to the protection of regional food production mechanisms are required, even as these approaches would necessarily have to be WTO consistent.

5. Efforts at consumer rights advocacy, with regards to food security need to be enhanced beyond what currently takes place by the mobilization of additional human and financial resources.

6. Since genetically altered foods have already entered the region threatening its bio-diversity, commercial crops and the health of regional consumers, Regional governments should be persuaded to direct research efforts to study and recommend appropriate actions to deal with these new developments.

7. In so far as they do not exist, consumer advocates should seek to encourage their governments to set up the Codex Alimentarius Committees.

8. Regional governments should be persuaded to establish a database of regional agricultural and related technical professional expertise, to facilitate a co-ordinated approach to utilizing such expertise with a view to assuring the Region's food security.

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III Conferencia de Consumidores del Caribe
Principales recomendaciones*


Los consumidores caribeños acordaron realizar una conferencia subregional cada dos años. La próxima será en el 2001 en Trinidad y Tobago

La Conferencia, reunida bajo el lema Participación para Supervivencia, en Kingston, Jamaica (8-11 de junio) acordó de forma unánime crear un Comité de Consumidores del Caribe y colaborar con Consumers International en establecer un programa de trabajo destinado a los consumidores de la subregión.

También recomendó que CI continúe apoyando el trabajo del movimiento de consumidores del Caribe a través de información y capacitación, así como representación, educación y asistencia técnica en las materias de interés urgente como legislación y política. Se consideró que el relanzamiento de la oficina de enlace de Consumers International en el Caribe facilitaría el funcionamiento de dicho comité así como el enlace entre la Oficina Regional y la subregión del Caribe.

El Comité de Consumidores del Caribe está integrado por Fay Sylvester de Jamaica, Yolande Gooding de Trinidad y Tobago, Sheila Holder de Guyana, Junior Bacchus de St. Vincent y las Granadinas, y un representante de Aruba, Curaçao y St. Maarten.

La Conferencia sugirió a las organizaciones negociar con sus gobiernos para asegurar su apoyo para la inclusión de la temática de los consumidores en el nuevo acuerdo de Lomé, y recomendó una serie de iniciativas en relación a comercio, políticas de protección de los consumidores, relaciones con los medios de comunicación, servicios públicos, legislación, comercio electrónico, seguridad alimentaria y establecimiento de redes, entre los principales temas.

Se planteó la necesidad de que los consumidores caribeños sean integrados y se hagan partícipes de las discusiones de los problemas económicos y comerciales en la Comunidad Caribeña de Naciones (CARICOM) y otras entidades, sobre todo aquellos relacionados con los servicios, las políticas de competencia, alimentación y agricultura.

En sus recomendaciones se indica que la política de protección de los consumidores tiene implicaciones para el desarrollo social y la equidad, pero que el ambiente del mercado en el que los consumidores actúan es hostil e imperfecto y se requiere definir y proteger sus derechos. Además, las organizaciones dejaron establecida su participación activa en las discusiones sostenidas por Consumers International en la preparación de los documentos para la conferencia ministerial de la Organización Mundial de Comercio que tendrá lugar en noviembre próximo en Seattle. (FIN)

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