Why Thailand needs a consumer council and how it can benefit women
Our blogs highlight a range of consumer issues from different perspectives. Unless otherwise stated they do not represent the position of Consumers International.
GUEST BLOG: SAREE AONGSOMWANG
As part of our blog series for International Women's Day, we asked inspiring women leaders from the consumer advocacy world to tell us what the day means in their country, and some of the issues for female consumers.
Saree Aongsomwang, Foundation for Consumers, shares her views on how consumer advocacy in Thailand can benefit women.
A provision for an independent agency for consumer protection was invoked in the 1997 Thai Constitution. Article 57 states that the rights of consumers should be protected and there must be an independent agency for consumer protection. This agency with consumer representation will provide advice and recommendations in drafting laws, regulations and effective measures for consumer protection.
The network of consumer organisations has been calling for the establishment according to this Article which is reflected in Article 61 of the 2007 Thai Constitution as well as in Article 46 of the current 2019 Constitution.
The rights of consumers should be protected. Consumers are entitled to establish a consumer organisation and they can unite and set up an independent organisation to better protect and advocate consumers’ rights. The law on the establishment of a Consumer Organization Council was passed on 15 February 2019 with a majority vote and the Act came into effect on 23 May of the same year.
How this law benefits women according to Article 14
From the 1996 report of poverty and inequality in Thailand by the National Economic and Social Development Board, the total number of people in poverty was 5.8 million or 8.6 % of the population. However, if we look at the cost of living, it is a little higher than the poverty line, we can see that the number is about 11.6 million or 1 in 6 of the population. This figure is similar to the number of people with low income who registered with the government at the end of 2018, with a total of 14.5 million.
There are many critical issues for women today, such as disparity in wages , unwanted pregnancy, domestic violence and unshared burdens of housework. The Consumer Council can propose measures or regulations to protect them. According to Article 14, apart from having the authority to carry out the objectives established as a consumer representative, the Council can take action in the following matters as well as protect and secure the rights of consumers including women while making recommendations on policies regarding consumer protection to the cabinet or relevant government agencies.
What the Council can do
The council can support and carry out inspections, follow-up, and surveillance of product situations and notify or disseminate news or warning about products or services that may cause damages to consumers or women’s rights. The product or service names or the name of the businesses can be specified.
The council can report actions or neglect of actions affecting the rights of consumers to government agencies or other responsible agencies and inform the public.
The council supports and assists consumer organizations in securing the benefits of consumers with efficiency and reliability as well as promotes the integration of consumer organizations at the provincial level and in areas stipulated in the regulations of the Consumer Organization Council.
The council further supports consumer education and research for better consumer protection in addition to assists consumer organizations or individual consumers in mediation or disputes regarding violations of consumer rights before and during court proceedings.
The council will also take action on violations of consumer rights as it deems appropriate or when a request is made, or provide assistance in prosecution in the event that a consumer or a consumer organization is prosecuted for exercising their rights, as well as supporting women’s access to the justice system.
The council can compile and disseminate to the public the information about products or services that will be beneficial to consumers in making the right decision.
If the proceedings under its power are done in good faith, the consumer council is free from liability. In the event the court rules that the business operator has violated or breached the contract with consumers, the business operator will be ordered to pay the expenses and fees to the consumer council in the amount not less than twenty-five percent but no more than half of the damages and compensation stated in the court’s ruling. However, if the consumer organization council can prove that it costs more than that, the court will order the business operator to compensate the said amount and pay the compensation equal to that amount.
I believe that Thailand Consumer Council will absolutely benefit the rights of consumers, the majority of them women.