Intergovernmental Group of Experts on Consumer Protection Law and Policy, second session

The Intergovernmental Group of Experts on Competition 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”, containing 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] which mandates UNCTAD to continue to assist developing countries and countries with economies in transition to formulate and implement competition and consumer protection policies and laws, including through voluntary peer reviews and the sharing of best practices; as well as facilitating international cooperation among competition and consumer protection agencies together with other relevant international organizations, taking into account the revised United Nations guidelines for consumer protection,

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 electronic commerce (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 eradication and by promoting inclusive economic and social policies,

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

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

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

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

1. Welcomes the efforts of member States and other stakeholders in implementing the United Nations guidelines for consumer protection;
    
2. Requests the secretariat to provide practical recommendations to member States on the implementation of the guidelines, based on the information shared during the meeting;
    
3. Encourages interested member States to volunteer for a peer review on consumer protection law and policy, as implemented by their consumer protection authorities;
    
4. Recognizes the important role of relevant stakeholders, as appropriate, particularly with regard to the inclusive consumer protection policies to achieve the Sustainable Development Goals; 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 Governments and stakeholders to present written papers and submissions in advance of the meetings of the Intergovernmental Group of Experts;
    
5. Underlines of the importance of designing and implementing specific measures aimed at the protection of vulnerable and disadvantaged consumers, recognizing that member States may adopt differing definitions to address specific domestic needs, and recognizes that further research is needed, in particular for this category of consumers in developing countries;
    
6. Emphasizes the importance of harnessing e-commerce to increase the welfare of consumers worldwide while limiting its potential risks; invites member States to continue their efforts in implementing international best practices in this area as contained in the United Nations guidelines for consumer protection; stresses the need to strengthen international cooperation, including informal collaboration, among agencies, to enhance consumer trust in e-commerce; and welcomes the initiatives taken by relevant organizations of the United Nations system and other international organizations and networks to build trust in the digital economy;
    
7. Requests the secretariat to further analyse the challenges faced by developing countries on consumer protection in e-commerce and recommend policy options for consumer protection agencies, in light of guidelines 63 to 65;
    
8. 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;
    
9. Encourages the continuation of the information-gathering process on the legal and institutional framework for consumer protection, including in particular the development of an UNCTAD world consumer protection map, and invites all member States to participate in its completion and update;
    
10. 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; and requests the UNCTAD secretariat to explore, gather and promote best practices for international cooperation, in light of guidelines 79 to 94;
     
11. Decides that the work programme of the Intergovernmental Group of Experts for 2017–2018 should further the exchange of experiences, particularly best practices; the collection and dissemination of information; the consideration of relevant studies, documentation and reports from relevant organizations; and the formulation of appropriate reports and recommendations on the issues discussed at the second session of the Intergovernmental Group of Experts;
     
12. Requests the UNCTAD secretariat to convene two working groups, one on
    e-commerce, within the scope that takes into account ongoing work at UNCTAD, and another on the protection of vulnerable and disadvantaged consumers to highlight best practices, to facilitate information exchange and consultations, and to continue the work from the second 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 third session of the Intergovernmental Group of Experts;
     
13. Requests the UNCTAD secretariat, in accordance with guideline 97 (b), to prepare reports and studies, taking into account the input from member States and other relevant stakeholders, for the third session of the Intergovernmental Group of Experts on the following topics:
    
    (a)     Dispute resolution and redress;
    (b)     Consumer product safety;

14. Requests the UNCTAD secretariat to present, at the third session of the Intergovernmental Group of Experts, an updated review of capacity-building and technical assistance on 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 the Trade and Development Board to submit to the General Assembly a declaration on world consumer protection week to be held during the week in which 15 March falls;
     
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