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|Title: ||A Critical Analysis of the Enforcement Framework of Consumer Protection in Ethiopia: Challenges and Prospects|
|Authors: ||TESSEMA, ELIAS|
|Advisors: ||Ato Harka Haroye|
|Copyright: ||Jun-2011 |
|Date Added: ||7-May-2012 |
Effectiveness of consumer protection in a market economy is highly determined by the quality of the enforcement framework of competition or/and consumer protection law and institutions entrusted to enforce it.
Despite the efforts that Ethiopia has exerted to bring about effective consumer protection thereby making comprehensive amendments to the previous proclamation (Proc. no.329/2003) and by introducing the new proclamation (Proc no.685/2010) with new institutions, there are still some shortfalls in the enforcement design of the proclamation and institutions entrusted to enforce it which could be causes for the actual or potential problems to the consumers. Hence, the basic objective of the study is to assess and address the problems of the enforcement framework of the proclamation and practical limitations of the institutions.
In conducting the study, general principle pertaining to effective enforcement framework for consumer protection and experiences of some purposively selected courtiers based on their successes and relevance to Ethiopia have been used. In addition, semi-structured depth interview, legislative analysis, case analysis, content analysis and observation have been used as data gathering instruments. And purposively selected individuals from the former commission, Ministry of Trade and Regional Trade Bureaus, Addis Ababa Chamber of Commerce and Sectoral Association, Ethiopia Chamber of Commerce and Sectoral Association, consumers and businesspersons have participated in the study.
Accordingly, the study has found that failure to recognize the representation of stakeholders in the authority, accountability of the authority to the Ministry of Trade (MoT) coupled with powers given to the MoT and Prime Minister to select and appoint members of the authority which erode the independency of the authority, failure to give equivalent or parallel power to regional concerned bodies with the MoT to regulate prices of basic goods and services in the regions, failure to provide for qualification requirements for members of the authority and harsh penalties provided under the proclamation without providing for precise guidelines as to the application of more preservative, educative and less destructive strategy are some of the shortfalls of the enforcement framework of the proclamation which are capable of posing challenge to the institutions affecting effective enforcement of the proclamation. While lack of extensive pre-intervention study, failure to give priority to areas of greater consumer risks and failure to apply more of educative and preventive approaches and resorting to strong and destructive measures are among the major practical failures of the enforcing institutions which have actually resulted in present consumer crisis in Ethiopia. Finally the study has ended up with recommending possible solutions which may serve as inputs for stakeholders to re-design the enforcement framework for consumer protection in Ethiopia so as to bring about effective consumer protection regime to the country.|
|Appears in:||Thesis - Law|
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