A. Salman Humayun, Abrar Hafeez and Mukhtar Ahmed Ali

2001, 84 pp., Rs. 100.

Timely access to reliable and authentic information is vital for good governance, as it ensures transparency and accountability in matters of public administration. Nevertheless, the dismal state of governance in Pakistan is largely due to the lack of freedom of information, which retards the capacity of the citizens to effectively monitor public institutions. Since independence, the exclusivist system of governance has become corruption-ridden and almost completely incapable of responding to the needs and aspirations of citizens. It lacks transparency and offers little room for public scrutiny and accountability. The inadequacy of the government draft proposed by the Musharaf government prompted CRCP to propose a Model Freedom of Information Act, 2001 from citizen's perspective. The Act was proposed after holding scores of intensive in-house discussion meetings with jurists, lawyers, media persons, civil society activists, scholars and experts, and a National Consultation on the subject, where all the concerned stakeholders including the leading lawyers, members of social action groups, academics, experts on economic planning, retired judges, journalists, political activists as well as active citizens were invited for discussion and dialogue.

The Model Freedom of Information Act, 2001 provides a comprehensive legislation on the Freedom of Information from citizens' perspective. While asserting that access to information constitutes a right of the citizens, CRCP believes that an effective Freedom of Information Law can guarantee good governance. The Act envisages effective public participation in decision-making processes, and promotes transparency in and accountability of public administration. It discusses a variety of issues related to the discourse on freedom of information including definitions and scope of freedom of information, right to privacy, exemption from disclosure of information, etc. The proposed Act strikes a balance between the citizens' right to information and their right to privacy. While drafting the Act, freedom of information legislations in other countries of the world have also been reviewed in order to have a comparative perspective.

At present, CRCP is engaged in lobbying for the enactment of the Act. For this purpose, the draft has been submitted to the Ministry of Law and Pakistan Law Commission on World Consumer Rights Day on March 14, 2001 for consideration. It is hoped that the law would soon be enacted, and substantially contribute to transparency, accountability, and eventually to good governance. Download *.pdf

2000, 111 pp, Rs. 300

Civil right initiatives, particularly working for consumer rights, seriously lack any reference material available for critical appraisal of state policies, execution of development projects and market practices. In view of the marked absence of such data and information, CRCP decided to review the state of Consumer Rights in a variety of sectors to identify the gaps, map the efficacy of civic agencies, review the state polices and appraise the market practices from citizens' perspective.The rights of the citizens as consumers of various goods and services provided both by the public and private sectors constitute an inevitable component of civil rights. But the situation in Pakistan is quite miserable and critical, given the fact that the citizens and consumers are provided with low quality, unsafe, inefficient and hazardous goods and services, without any legal recourse for grievance redress in case of any damage or harm. Primarily, three factors are responsible for this, which include the overall crisis of governance in the country, the unregulated and monopolistic market, and the lack of awareness on the part of the citizens and consumers about their rights.

It is against this backdrop that the report on the "State of Consumer Rights, 2000" analyzes the state of consumer rights in Pakistan in the year 2000. The need for this publication is felt in view of marked absence of any authentic data and reference material on consumer issues from a rights-based perspective. It highlights the critical concerns of the citizens and consumers, which include, interalia, issues related to accessibility, availability, tariff and pricing, regulation, quality and performance, transparency, accountability and public participation, etc. What is most significant about the report is that it interprets and analyzes the data from the stand point of consumers, including those who are inarticulate, disadvantaged, marginalized and cannot stand in the market as "customers". It views the whole issue of the provision of safe and quality goods and services from a right-based perspective. It asserts that the citizens have a right to know the policies, rules, regulations, allocations and decisions that directly affect them. CRCP believes that authentic and timely information can serve as an effective bulwark against exploitation, vulnerability, and discrimination leading to injustices and inequity.

The report covers a variety of sectors, which include consumer laws, education, health, food, water, environment, power, telecommunication, petroleum, gas, transport, banking, insurance and media in fourteen separate chapters. The report is the first of its kind in Pakistan. It provides authentic information from citizen-consumer perspective. It particularly focuses on the concerns of the poor and the marginalized sections of the society, who cannot stand up to question the excesses of both the state and the market.

Translated & annotated by Abrar Hafeez

2000, 74 pp., Rs.115

The publication of the Resource Kit for Consumer Organizations received a very heartening response from a number of big and small organizations all over the country, including those in the remotest and the far-flung areas. However, a majority of them demanded for its translation into the national language. Therefore, the CRCP decided to publish an Urdu translation of the resource kit to enhance its outreach so that more and more local groups and organizations could benefit from it, and pursue the cause of consumer protection in their own locales. The Urdu version of the resource kit is simpler and more convenient than the previous version in meaning, contents and scheme. Download *.pdf

A. Salman Humayun and Tanvir Anjum

2000, 89 pp., Rs.125

The last two decades have witnessed a sweeping shift in global state-controlled politico-economic management paradigm, giving way to a progressively liberalist and free market reform creed. The structural reform process involves a variety of measures, including privatization and deregulation of state-controlled enterprises, which are perceived to bring about more growth and development. Nonetheless, the new arrangement has not adequately addressed the consumer concerns; rather they have become more vulnerable to monopolistic forces of cartels established in the wake of privatization. The problem further aggravates in the absence of an effective regulatory mechanism for the privatized sectors of economy. Against this backdrop, "Privatization of Public Utilities: A Consumer Perspective", highlights the consumer concerns raised in the wake of privatization and deregulation in Pakistan in general. In particular, the book focuses on two sectors, namely the power and telecommunications.

The study consists of four chapters. The first chapter deals with the major issues and conceptual debate on privatization from consumer perspective. It brings to forefront the legitimate concerns of the consumers, including those related to equity and access, tariffs and pricing, regulation, shedding of workforce, transparency and accountability, and public participation, etc., which have risen in the wake of privatization and deregulation policies. To support the argument, examples and instances from privatization experiences of other countries have also been cited.

The second chapter focuses the process of privatization in Pakistan and its implications for the consumers. It cites examples from various sectors of economy, and concludes that privatization policies have increased the vulnerability of the consumers to the problems of lack of equity and universal access to essential goods and services, particularly for the marginalized consumers, high and arbitrary pricing policies, lack of effective regulation, creation of private monopolies, lack of transparency and accountability, and absence of public participation, particularly in tariff determination proceedings.

The third and the fourth chapters cover two sectors, telecommunications and electricity respectively, and highlight the developments in these sectors, particularly, in post-privatization phase. It examines the functioning of PTCL, which commands a monopoly in the telecom sector, and WAPDA, which enjoys monopoly status in power generation. In addition, the role and performance of PTA (Pakistan Telecommunication Authority) and NEPRA (National Electric Power Regulatory Authority) is also assessed. The two chapters on telecom and power sectors specifically draw the attention to the consumer concerns, related to equity and access, tariffs and pricing, regulation, transparency and accountability, and public participation, etc. This follows conclusions and recommendations.

Discussing the new market paradigm, the book stresses the need that the consumers should be empowered vis-à-vis the state and the market. It argues that the process of privatization must go hand in hand with demonopolization, setting up of effective regulatory mechanisms, and meaningful public participation in decision-making, particularly, in the pricing policies. Moreover, while heading with the privatization program, the government must address the concerns of the consumers related to lack of equity and access, and high pricing, which have a direct bearing on all categories of consumers, particularly the low-income groups and the marginalized consumers.Download *.pdf

A. Salman Humayun, Mohammad Sarwar Khan and Mukhtar Ahmed Ali
 

Consumers in Pakistan do not get fair deal both in the market and by the state. Moreover, they are not available with comprehensive and adequate legislation for redress in case of grievance. The two existing Consumer Acts, namely, the Islamabad Consumer Protection Act, 1995 and the NWFP Consumer Protection Act, 1997, envisage protection of consumer interests, but they are restrictive in scope, and the penalties provided are inadequate. In addition, the procedures given for the redress are expensive and lengthy. Therefore, these laws and legislation do not address consumer related problems in a comprehensive manner, and hence, fail to achieve their envisaged goals. This necessitates a comprehensive legal and institutional framework to ensure speedy, inexpensive and adequate consumer protection.Such framework is essential to restrict unfair trade practices and protect the rights of the consumers vis-à-vis both the state and the market.

With this realization, CRCP embarked upon a project to equip the consumer movement in Pakistan with pertinent national legislation for consumer protection and establishment of redress mechanisms. For this purpose, a series of consultative meetings with jurists, practicing lawyers, experts, civil society activists and other stakeholders were conducted in order to have their invaluable feedback. These activities ultimately culminated in proposing of a model legislative scheme for consumer protection.

The Model Consumer Protection Act, 2000 provides for suitable action and remedies if rights of a person are infringed either by the private sector or by the concerned government agencies. CRCP strongly feels that given the changing nature of the market and politics in Pakistan, consumers and citizens have become more vulnerable to monopolistic practices of corporate sector and negligent public sector, which have failed to cater for the basic needs of the citizens. Therefore, the Model Act also brings various services provided by the government agencies like drinking water, education, health, and sanitation, etc. within the ambit of the law. It defines the term consumer as a broader category than that of customer, so that it also includes those poor who cannot stand in the market as customers.

The salient features of the Act include the setting up of consumer councils at district, provincial and national levels to formulate policies and take measures to check socially irresponsible business practices and ensure maximum consumer protection. It envisages establishing a system of consumer courts/benches, within the existing judicial system, and entitles consumers to compensation and damages for any loss or harm from public or private sectors.

CRCP started lobbying for the enactment of the Act, and submitted the Model Act to the Ministry of Law and Pakistan Law Commission on the occasion of World Consumer Rights Day on March 14, 2000. CRCP hopes that with the enactment of the law, the initiative of consumer protection in the country would gain impetus. Therefore, it urges concerned citizens to support the enactment of the law. Download *.pdf

Sikander Aqeel Ansari and Abrar Hafeez

2000, 84 pp., Rs.100

The second volume of the consumer-related laws provides extracts and commentary on the Pakistan Environment Protection Act, 1997, The Contract Act, 1872, The Sale of Goods Act, 1930, The Specific Relief Act, 1877, The Fatal Accidents Act, 1855 (Act no. XIII of 1855) and The [Punjab], [Sindh], [N.W.F.P.] [Baluchistan] Motor Vehicles Ordinance, 1965.
The primary objective of this volume is to create awareness and prompt consumers to take legal action, where necessary. The fundamental idea is to acquaint the consumers with relevant laws, which are applicable to various goods and services. It is aimed at helping the consumers find out references to the relevant provisions of law with contents in simple words, which might help them seek remedy before a court of law.

CRCP believes that the legally enforceable rights of citizens as consumers need to be asserted, and the discourse on consumer protection will gain impetus from the series of CRCP publications on consumer laws in Pakistan. Download *.pdf

Mohammad Sarwar Khan and Abrar Hafeez

1999, 88 pp., Rs.100

The treatment of the consumer in Pakistan varies from complete exclusion to only partial accommodation in the legislative scheme. There is a marked absence of consumer concerns in the juridical debate in the country. Not only that the consumer related laws are largely absent, where they exist, people are generally unaware of them, particularly the possible legal remedies available to them in case of harm or damage. Furthermore, no effective implementation and enforcement mechanisms of these laws are available. The consumers are being exploited for they are largely unaware of their rights as well as ignorant about the possible legal remedies available. Keeping with its objective of equipping the consumer movement in Pakistan with pertinent legislation and statutes for consumer protection, and making the citizens aware of the existing laws, which directly or indirectly deal with consumers, CRCP has planned a series of compilations of these laws, along with a brief commentary on them.

Consumer Laws in Pakistan (Volume I) is the first publication of this series. Various consumer-related laws are compiled and reviewed in it. It covers Consumer Protection Legislation (including Islamabad Consumer Protection Act, 1995 and NWFP Consumer Protection Act, 1997), State/Administrative Regulation (including Wafaqi Mohtasib [Ombudsman] order, 1983), Regulatory Frameworks (including National Electric Power Regulatory Authority, Pakistan Telecommunication Authority and Natural Gas Regulatory Authority), Law on Standards and Quality (including Pakistan Standards and Quality Control Authority Act, 1996), Drug Laws (including Drugs Act, 1940, Drugs Act, 1976 and Pakistan Penal Code, 1860) and Food Laws (including West Pakistan Pure Food Ordinance, 1960, Cantonments Pure Food Act, 1966, Pakistan Hotels and Restaurants Act, 1976 and Pakistan Penal Code, 1860). The book treats the consumer-related legislation under separate categories. Extracts of the text of each Act are given followed by comments.

CRCP strongly feels that organized consumers and lawyers can play a very effective role in the furtherance of the cause of consumer protection in Pakistan. This book is an attempt to provide a ready reference on laws directly or indirectly dealing with consumer protection to the consumers and practicing lawyers. The response of the students of law, legal practitioners and the consumers in general to the first volume have been positive and encouraging. Download *.pdf

1999, 74 pp., Rs.115

The aim of ensuring adequate consumer protection cannot be fulfilled without the meaningful participation of the people and local initiatives. For this reason, CRCP is engaged in continuous effort to establish informal consumer groups in various cities. In this regard, the response of the people has been very encouraging. It also brought home that if necessary information and guidance provided, many people would be willing to organize themselves and thus contribute to the cause of consumer protection and help redress the inequalities in the country. With this realization, CRCP published the "Resource Kit for Consumer Organizations" for the consumers in general and consumer organizations in particular. The kit is a contextualised version of "Doing it Ourselves", the resource kit of Consumers International (CI). It provides basic guidelines to those wishing to form a consumer group. The manual facilitates the task of beginners by providing information stepwise. It guides consumers on issues and problems related to planning, campaigning, networking, advocacy, lobbying, fund-raising, provision of services, complaint handling, working with media and publishing a newsletter, etc. Moreover, it imparts useful information regarding identification and planning actions on consumer issues; networking with concerned quarters and influencing the authorities. It also provides information on organizing resources, engaging volunteers, carrying out a survey, testing consumer products, setting up complaints redress service, and introducing consumer in education institutions, etc. The resource kit is precise but comprehensive, and for the convenience of the readers, examples from everyday problems confronted by people have been given.

Citizens and consumers would find this book convenient, comprehensive and precise, and it is anticipated that consumers would efficiently use it to establish consumer groups and pursue the cause of consumer protection in Pakistan. Download*.pdf