Action by the Intergovernmental Group of Experts on Consumer Protection Law and Policy

The Intergovernmental Group of Experts on Consumer Protection Law and Policy, Recalling the resolution adopted by the Eighth United Nations Conference to

Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (Geneva, 2020),

Recalling General Assembly resolution 70/1 of 25 September 2015 titled “Transforming our world: The 2030 Agenda for Sustainable Development”,

Recalling further General Assembly resolution 70/186 of 22 December 2015 titled “Consumer protection”, adopting the revised United Nations guidelines for consumer protection,

Taking note of the decision of the fifteenth session of the United Nations Conference on Trade and Development (Bridgetown, 2021) in paragraphs 56, 62 and 127 (z) that “in the process of transformation, it is fundamental for fair, sound and robust competition and consumer protection policies and enforcement to maintain a robust, level playing field and enhance transparency for all participants, so that market access is not under anticompetitive practices. Ensuring effective competition, including through support in developing and implementing competition policies and through cooperation among competition authorities, paired with robust consumer protection in the market, will help foster economic efficiency, resulting in safer and better products at lower prices for consumers”, that “multilateral dialogue and cooperation are crucial in areas such as the governance of new and emerging technologies, including those related to data management, competition and consumer protection” and that UNCTAD should “continue to assist developing countries to formulate and implement competition and consumer protection policies and laws, facilitate cooperation among competition and consumer protection agencies, conduct peer reviews and foster the exchange of knowledge and best practices, including through multilateral forums, such as the Intergovernmental Group of Experts on Competition Law and Policy and the Intergovernmental Group of Experts on Consumer Protection Law and Policy, and by contributing to the implementation of the outcome of the United Nations Conferences to Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices and of the revised United Nations guidelines for consumer protection”,

Reaffirming the fundamental role that consumer protection law and policy plays in the achievement of the 2030 Agenda for Sustainable Development, by ensuring access by consumers to essential goods and services, protecting consumers from fraudulent and deceptive commercial practices and from harms associated with unsafe products and empowering consumers by boosting consumer education to ensure more informed choices,

Recognizing the important contribution of UNCTAD, serving as the focal point on consumer protection within the United Nations system, in improving consumer protection at the global level and advancing policy discussions, in particular on consumer product safety, sustainable consumption, electronic commerce (e-commerce) and online dispute resolution and the gender perspective,

Recognizing the need to strengthen the work of UNCTAD in consumer protection law and policy so as to enhance its development role and benefits for consumers and businesses,

Recognizing that consumer laws, standards harmonization and international cooperation are needed to improve consumer protection and trust in the tourism sector; and calling upon businesses to provide sustainable choices considering consumers’ legitimate needs and expeditious, transparent, accessible and effective dispute resolution channels,

Recognizing the positive impact that voluntary peer reviews of consumer protection law and policy have in improving consumer protection legal, public policy and institutional frameworks in peer reviewed countries,

Recognizing that consumer associations play a fundamental role in representing the interests of consumers; educating, informing, advising and defending them; distributing essential goods and services; and contributing to monitoring markets,

Taking note of the deliberations of the informal working groups on consumer product safety, on consumer protection in e-commerce and on consumer protection and gender, and of the reports presented at its eighth session,

Noting the important written and oral contributions from consumer protection authorities and other participants that enriched the debate during its eighth session,

Taking note with appreciation of the documentation prepared by the UNCTAD secretariat for its eighth session,

1. Welcomes the efforts of member States and other stakeholders in implementing the United Nations guidelines for consumer protection and reaffirms its commitment to providing an annual forum and modalities for multilateral consultations, discussions and exchanges of views between member States on matters related to the guidelines;
2. Underlines the direct and positive impact that the adoption of consumer protection policies by member States has on the achievement of the Sustainable Development Goals, in particular in reducing inequalities within and among countries, promoting responsible production and consumption patterns and strengthening the means of implementation and revitalizing the Global Partnership for Sustainable Development;
3. Congratulates the Governments of Chile, Gabon, Indonesia, Morocco, Peru and Thailand for the successful implementation of UNCTAD voluntary peer review of consumer protection law and policy recommendations; and invites interested member States to volunteer for future peer reviews of consumer protection law and policy as implemented by consumer protection authorities, including as peer reviewers;
4. Encourages member States to harmonize and strengthen consumer protection laws and standards in the tourism sector, promoting shared responsibility among stakeholders and enhancing consumer data protection, trust in digital platforms, dispute resolution channels and sustainable practices to meet evolving consumer needs;
5. Encourages member States to recognize the importance of and support the development of independent consumer groups in accordance with the social, economic and environmental circumstances of the country and the needs of its population, including through participating in policymaking, implementing education and information campaigns, advising consumers, facilitating dispute resolution and redress and monitoring markets;
6. Recognizes the important role of relevant stakeholders, as appropriate, with regard to consumer protection policies; welcomes the participation of consumer associations, civil society, business and industry representatives and academia in the deliberations of the sessions of the Intergovernmental Group of Experts on Consumer Protection Law and Policy; and encourages these participants to present written papers and submissions in advance of the sessions;
7. Encourages the continuation of the information-gathering process on the legal and institutional framework for consumer protection, including in particular the development of the UNCTAD world consumer protection map; and invites all member States to participate in its completion and update;
8. Emphasizes the importance of regional cooperation in the enforcement of consumer protection law and policy; invites consumer protection authorities to strengthen their national legislative frameworks for international, regional and bilateral cooperation, in the light of guidelines 79 to 94; and requests the UNCTAD secretariat to continue to explore, gather and promote best practices for international cooperation;
9. Welcomes the initiatives carried out by individual member States, UNCTAD and other organizations and networks in building capacity and strengthening institutions in the area of consumer protection; and calls upon all interested parties to work together and identify and strengthen synergies;
10. Decides to renew the mandate of the informal working group on consumer protection in e-commerce, to continue work on new and emerging technologies, particularly artificial intelligence, and their impact on consumers, especially vulnerable consumers, aimed at producing accessible outputs such as technical notes to assist less experienced consumer agencies, calling upon member States to continue to populate the generic email list as a key contribution to the working group, and to report to the Ninth United Nations Conference to Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices;
11. Decides to continue the mandate of the informal working group on consumer product safety until the Ninth United Nations Conference to Review All Aspects of the Set, to continue work on strengthening consumer product safety frameworks at the regional and national levels and improving international cooperation to protect consumers from hazards to their health and safety, to pursue consultations leading to a resolution on general consumer product safety, to pursue the development of a model law for the implementation of the recommendation on preventing the cross-border distribution of known unsafe consumer products and to report to the Ninth United Nations Conference to Review All Aspects of the Set;
12. Decides to renew the mandate of the informal working group on consumer protection and gender, to continue work on encouraging the incorporation of a gender perspective into consumer protection at the international, regional and national levels by advancing a gender-inclusive consumer protection checklist and on encouraging and sharing best practices and advance activities focused on advertising, consumer product safety and financial services and to report on its continued work to the Ninth United Nations Conference to Review All Aspects of the Set;
13. Requests the UNCTAD secretariat, in accordance with guideline 97 (b), to prepare a review of the implementation of the United Nations guidelines for consumer protection and of the work of the Intergovernmental Group of Experts on Consumer Protection Law and Policy for the Ninth United Nations Conference to Review All Aspects of the Set;
14. Requests the UNCTAD secretariat, in accordance with guideline 97 (b), to prepare reports and studies as background documentation for the Ninth United Nations Conference to Review All Aspects of the Set on the topic of maximizing synergies between competition and consumer protection policies;
15. Requests the UNCTAD secretariat to facilitate consultations and the exchange of views among member States on the topics of protecting and empowering consumers in the circular economy; and safeguarding and empowering consumers in the age of artificial intelligence;
16. Requests the UNCTAD secretariat to prepare, for the consideration of the Ninth United Nations Conference to Review All Aspects of the Set, an updated review of capacity-building in and technical assistance on consumer protection law and policy, including an impact assessment;
17. Requests the UNCTAD secretariat to continue to compile a list of contact persons of consumer protection authorities, to facilitate cooperation in accordance with guideline 87;
18. Notes with appreciation the voluntary financial and other contributions received from member States; invites member States to continue to assist UNCTAD on a voluntary basis in its capacity-building and technical cooperation activities by providing experts, training facilities and financial or other resources; and requests the UNCTAD secretariat to pursue capacity-building and technical cooperation activities, including training, and, where possible, to focus such activities on maximizing their impact in all interested countries.