Agreed conclusions adopted by the Intergovernmental Group of Experts on Consumer Protection Law and Policy at its third session

The Intergovernmental Group of Experts on Consumer Protection Law and Policy,

Recalling the resolution adopted by the Seventh 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, Switzerland, July 2015),[1]

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

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

Recalling the provisions related to consumer protection issues adopted by the fourteenth session of the United Nations Conference on Trade and Development (Nairobi, July 2016), including the provisions in paragraph 76 (x) of the Nairobi Maafikiano,[2]

Recalling paragraph 69 of the Nairobi Maafikiano, which reaffirms that “fair, sound and robust national competition and consumer protection laws and policies are also important, as is international cooperation, information exchange and capacity-building in these areas, particularly in light of the expansion of global markets, the increasing role of transnational companies, the need for enhanced transparency and accountability, the information and communications technology revolution and the emergence of e-commerce”,

Underlining that consumer protection law and policy is a key instrument for addressing unfair fraudulent and deceptive commercial practices in a globalized and interdependent world, including by enhancing the transparency and accountability of businesses, resource mobilization, the empowerment of consumers and poverty reduction and by promoting inclusive economic and social policies,

Recognizing that an effective enabling environment for consumer protection and development may include both national and international cooperation and enforcement to deal with unfair, fraudulent and deceptive cross-border commercial practices,

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

Welcoming the voluntary peer review on consumer protection law and policy of UNCTAD, as implemented by the consumer protection authorities of member States, as a tool for strengthening national legal and institutional frameworks and for fostering international cooperation in the field of consumer protection,

Welcoming the contribution of Peru to the work of the Intergovernmental Group of Experts on Consumer Protection Law and Policy in the form of a virtual catalogue of international best practices in consumer protection and competition,

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

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

1. Welcomes the efforts of member States and other stakeholders in implementing the United Nations guidelines for consumer protection;
    
2. Congratulates Morocco for the first voluntary peer review on consumer protection law and policy and encourages interested member States to volunteer for future peer reviews on consumer protection law and policy, as implemented by their consumer protection authorities;
    
3. Recognizes the important role of relevant stakeholders, as appropriate, particularly with regard to inclusive consumer protection policies; welcomes the participation of consumer associations, civil society, business representatives and academia in the deliberations of the sessions of the Intergovernmental Group of Experts; and encourages these participants to present written papers and submissions in advance of the meetings of the Intergovernmental Group of Experts;
    
4. Recognizes that consumer protection in financial services and financial inclusion, namely through financial education, bears a significant positive impact on development, and welcomes the initiatives taken by UNCTAD, the Group of 20, other relevant organizations of the United Nations system and other international organizations and networks to strengthen consumer protection in financial services;
    
5. Underlines the importance of developing fair, effective, transparent and impartial mechanisms to address consumer complaints through administrative, judicial and alternative dispute resolution, including for cross-border cases; and encourages member States, consumer groups and businesses to join forces in providing consumers with expeditious, fair, transparent, inexpensive and accessible dispute resolution and redress;
    
6. Emphasizes the importance of strengthening consumer product safety frameworks at national, regional and international levels to protect consumers from hazards to their health and safety;
    
7. 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;
    
8. 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;
    
9. Emphasizes the importance of regional cooperation in the enforcement of consumer protection law and policy; invites consumer protection authorities to strengthen their bilateral, regional and international cooperation, in light of guidelines 79 to 94; and requests the UNCTAD secretariat to continue to explore, gather and promote best practices for international cooperation;
    
10. Decides to renew the mandate of the Working Group on Consumer Protection in
    E-commerce established by the Intergovernmental Group of Experts at its second session to focus on misleading and unfair business practices, consumer education and business guidance, and international cooperation in cross-border cases; and to recommend policy options for consumer protection authorities of member States, in light of guidelines 63 to 65, and to report to the fourth session of the Intergovernmental Group of Experts;
     
11. Requests the UNCTAD secretariat to include considerations regarding the protection of vulnerable and disadvantaged consumers in the upcoming virtual catalogue of international best practices in consumer protection and competition, and encourages member States to submit best practices to the UNCTAD virtual catalogue;

12. Requests the UNCTAD secretariat to convene a working group on consumer product safety to highlight best practices, to facilitate information exchange and consultations, and to continue the work from the third session, led and integrated by member States on a voluntary basis, without financial implications for the regular budget of the United Nations, and to report to the fourth session of the Intergovernmental Group of Experts;
     
13. Requests the UNCTAD secretariat, in accordance with guideline 97 (b), to prepare reports and studies as background documentation for the fourth session of the Intergovernmental Group of Experts on the following topic: The contribution of consumer protection to sustainable consumption in terms of how consumer protection authorities address environmental marketing claims, including consumer education and business guidance;
     
14. Requests the UNCTAD secretariat to present, at the fourth session of the Intergovernmental Group of Experts, an updated review of capacity-building and technical assistance in consumer protection law and policy;
     
15. Requests the UNCTAD secretariat to continue to build a list of contact persons of consumer protection authorities to facilitate cooperation under the United Nations guidelines for consumer protection, in accordance with guideline 87;
     
16. Invites member States to pursue consultations regarding the declaration of a United Nations international celebration of consumer protection;
     
17. 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 or financial resources; 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; and encourages interested member States to continue their efforts in providing capacity-building and technical cooperation activities.

                     [1]   TD/RBP/CONF.8/11.

                     [2]   TD/519/Add.2.