Consumer law needs amendments before approval

Consumer law aims to protect consumers from commercial frauds and deceptive advertising.

The Parliament debated last week the draft consumer protection law, and has referred it to a special committee for final consideration.

The explanatory memorandum of the consumer protection draft law was submitted by the Government to move Yemeni consumer laws in line with global norms.

According to the explanatory memorandum of the law, which was read in the Parliament by the Minister of Industry and Trade Yahya al-Mutawakil, the justifications of issuing this law are omitting some laws related to the observation and control of the markets and the internal and external movements of products.

Al-Mutawakil said that the proposed legislation aims to protect consumers by means of strengthening the penalties of violators and by providing compensation to affected consumers. It identifies the general rules of consumer protection to ensure health and safety of goods and services, quality, and transparency of economic dealings where the consumer is the essential part among theses factors. This law also aims to protect consumers from commercial frauds and deceptive advertising, and it will prevent consumer’s exploitation maintaining the development of the economic system with a healthy free market, stressed Yahya al-Mutawakil, Minister of Industry and Trade.

“People should be aware of such problems since our markets are dumped with several products of imitation, with very low quality, affecting our health and sometimes causing severe diseases,” lawyer Donia al-Robaidi said. After connecting these important points, it appeared urgent and necessary to protect consumers, a mission that belongs to the Ministry of Trade. “By conducting different campaigns through the quarters and villages, the institutions can increase people’s awareness by making them attentive of the fact that quality should be one of the priorities in consuming products and explaining how it might affect people’s daily lives,” al-Robaidi stressed.

The consumer law is the Ministry’s first priority because it is important for the health and economy of Yemen, as well as a requirement for Yemen’s participation in the global economy and in institutions such as the World Trade Organization (WTO). 

“We live in the era of globalization, based on the amendment of laws, and no one is able to resist it,” said Hamoud al-Bokhiti, General Director of the Center for Consumer Studies and Research in Sana´a. “Consumer issues must be urgently brought to the courts in order to prevent violators from selling their expired foodstuffs,” al-Bokhiti urged. 

The law must include the consumer’s right to compensation if the foods they buy are expired. The Government should learn from the experience of countries that have the same law, according to global, social, and economic rights, said al-Bokhiti. “I think that good consumer law means protecting both the rights of the consumer and the producer at the same time,” he added.  

“The death sentence is a suitable punishment for smugglers who have brought in dangerous substances such as pesticides, which kill both the land and humans. So, I find smugglers of pesticides deserving death. I consider consumer compensation at fault of the smugglers,” al-Bokhiti said. 

“There is no doubt that an approved consumer law will create an appropriate legislation that will take care of the consumer’s interests as well as it will protect the national economy,” said al-Mutawakil. “Consumer law will create a good relationship between the producer and importer on the one hand, and the consumer on the other hand,” the Minister added.

Al-Mutawakil continued saying that “the Ministry will serve as an organizer of industrial and commercial activities, and an observer on market performance, production and quality of goods, due to its mission of protecting competition and preventing monopoly.”

Last year the Government withdrew its consumer protection draft law, removing it from consideration by the Parliament. The decision was made in order to revise the laws to accommodate the latest economic, commercial, and legislative developments. Thus, an “Enriching Consumer Law” workshop was held last year, to improve and develop the consumer law according to consumer interests and national interests. “This law is now developed in conformity with free market economic policies,” said Mohammed al-Makteri, Chairman of the Yemeni Society for Consumer Protection’s legal sector.

Al-Makteri said that the importance of consumer rights and the efforts made on behalf of the association, prepared the first draft of the law owing to the comparative legislation in the area of consumer protection in numerous countries. 

The Cabinet approved a draft law of consumer protection and referred it to the Parliament for final approval during its regular meeting held on April 29. The draft law was prepared by the Ministry of Industry and Trade, in coordination with the Yemeni Society for Consumer Protection and representatives from the private sector. The draft law consists of 47 articles divided into ten chapters including names and definitions, objectives, duration of the law, consumer rights and obligations of providers and advertisers, the establishment of the General Consumer Supreme Committee for Consumer Protection and the establishment of the Higher Committee for Consumer Protection, as well as investigation and seizure procedures, penalties and final rules.

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