It is interesting to note that some of these laws were passed even before the UN Guidelines on consumer protection were published, which raises the question of whether such longstanding rules are still useful in the present context. The evolution of the field of consumer protection, which has grown in importance over the years, could hint to the need of reforming and modernizing these laws.
The implementation of the consumer protection laws, specially the Consumer Protection Act, has faced criticism. Some commentators have voiced the inadequate enforcement of the protections included in the act, and the importance of establishing consumer courts to ensure satisfactory redress when consumers’ rights are violated. An added problem is the fact that consumers are largely unaware of their rights, reason why more comprehensive consumer education programs are desirable. Consumers International, an international umbrella organization of consumer groups published several reports about consumer rights, and within the framework of the WTO’s Nepal assistance program, edited and distributed a booklet that reviews international consumer protection provisions, the status of the Consumer Protection Act and other Nepali laws relating to consumers and consumer education. In its evaluation of Nepal’s consumer protection system, Consumers International concluded that the government should establish robust consumer protection mechanisms, and publicize it among the population to ensure that consumers and suppliers are conscious of consumers’ rights.
The role of international and civil society actors, such as Consumers International, has contributed to bring consumer rights to the forefront. Since Nepal is a member of the World Trade Organization since 2004, it is expected that market reforms will lead to fairer market practices and enhanced transparency, which in turn will improve the position of consumers. As for the civil society sector, several groups are operating in consumer protection in Nepal, such as Pro Public (Forum for the Protection of Public Interest), National Consumer Forum, Nepal Consumer Forum and Forum for Protection of Consumer Rights-Nepal among others. In a survey of 31 consumer organizations in Nepal, Consumers International reported that the majority of those groups are active in scrutinizing market products, price monitoring and product safety; while others help consumers to present claims and obtain compensation, and are involved in consumer awareness initiatives. The report, acknowledging the funding difficulties that these organizations face, concludes by recommending that these groups conduct trainings for their staff to increase the understanding of consumer issues, and encourages them to coordinate and work together to ensure the effectiveness of their efforts towards a more protective framework for consumers.
In sum, consumer rights are not enshrined at the constitutional level in Nepal, while several statutes regulate consumer-related issues such as product quality and safety standards and unfair market practices. Still, circumstances such as the insufficient implementation of the text and the fact that the main law, the Consumer Protection Act, was drafted over ten years ago, have led consumer organizations to demand a more efficient framework to guarantee consumer rights.
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SOURCES
1. ANIMAL SLAUGHTERHOUSE AND MEAT INSPECTION ACT, 2055.
2. BLACK MARKETING AND SOME OTHER SOCIAL CRIME AND PUNISHMENT ACT, 2032.
3. Boston University Center for Finance, Law and Policy, Nepal Guide, http://www.bu.edu/bucflp/countries/nepal/.
4. Ram Chandra Subedi, Consumer Rights Public Awareness and Law Implementation, THE HIMALAYAN TIMES ONLINE, 2004, http://www.apexlaw.com.np/downloads/consumer_rights_public_awareness.pdf
5. COMPETITION PROMOTION AND MARKET PROTECTION, 2063.
6. CONSUMERS INTERNATIONAL, STATUS OF CONSUMER ORGANISATIONS IN NEPAL, http://www.consumersinternational.org/media/958808/booklet%20on%20status%20of%20consumer%20organisations%20in%20nepal.pdf
7. CONSUMERS INTERNATIONAL, UNDERSTANDING PROVISIONS OF CONSUMER PROTECTION IN NEPAL, 2012, http://www.consumersinternational.org/media/958790/booklet%20on%20consumer%20protection%20act%20in%20nepal%20in%20english.pdf
8. CONSUMERS INTERNATIONAL, STRATEGIES FOR STRENGTHENING CONSUMER PROTECTION IN NEPAL: A REPORT OF THE NATIONAL POLICY CONFERENCE, 2011, http://www.consumersinternational.org/media/958802/report%20of%20the%20national%20policy%20conference.pdf
9. CONSUMER PROTECTION ACT, 2054.
10. Department of Commerce and Supply Management, http://www.doc.gov.np/index-en.html
11. Department of Food Technology and Quality Control, http://www.dftqc.gov.np/
12. DRUGS ACT, 2035.
13. FOOD ACT, 2052.
14. NEPAL CERTIFICATION MARK ACT, 2037.
15. STANDARD MEASUREMENT AND WEIGHT ACT, 2025.
16. UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT, IMPLEMENTATION REPORT 17. UNITED NATIONS GUIDELINES FOR CONSUMER PROTECTION (1985 - 2013), http://unctad.org/Sections/ditc_ccpb/docs/UNGCP_Implementation_Report_v1.pdf
18. United Nations Guidelines for Consumer Protection, http://www.un.org/esa/sustdev/publications/consumption_en.pdf
19. Ved Pal Singh Deswal, A Study of Consumers Rights in India, Nepal and Bhutan, 1 SOCIAL SCIENCES AND HUMANITIES REVIEW 1 (2013).