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FREEPAKISTAN NEWSLETTER # 2
Khalil Ahmad
FreePakistan Newsletter offers warmest congratulations to Mr. Vaclav Klaus on taking office as the new Czech President. We hope that under his Presidency not only Czech Republic will move fast toward a free-market economy but the free-market movements in other parts of the world will also be gaining strength. CONTENTS
CONSUMER RIGHTS IN PAKISTAN [An article in an English daily highlights the neglected rights of consumers in Pakistan. Read the excerpts below.]
"In Pakistan, with an enormous population along with high levels of poverty, unemployment and poor literacy levels, consumer awareness continues to remain low. The ordinary citizens still continue to be victims of bad governance and are being denied the basic rights and facilities.
"There are no consumer protection laws in Pakistan in line with international conventions. Laws such as the Pakistan Penal Code, the Contract Act, the Sale of Goods Act, the Drug Act, the Standard of Weight and Measurement Act are not sufficient to protect consumers. The laws deal with adulterated foods and substandard drugs. But their enforcement is poor. As a result, the markets are flooded with substandard and poor quality goods and products. There are defective, over-priced and expired products in the market, but there is no place where complaints can be redressed.
"The government agencies responsible for monitoring the accuracy of weights and measures used by commercial firms and retailers are not doing their job.
"A citizen has no right to sue a company if it supplies substandard products. In the absence of regulatory controls and quality checks, citizens are at the mercy of callous manufacturers. Government inaction has led to a situation of extreme suffering for low-income groups.
"There are many factors responsible for the presence of substandard food products in the market but the major factor is unchecked corruption in government organizations including the quality monitoring and enforcement agencies. Consumers have no representation in policymaking process.
"Consumer rights are a neglected area in Pakistan. The consumers do not have organized movement to voice their concerns. There are only a few organizations working for consumer empowerment.
"In developed countries, following rights are accepted: "1) Basic Needs: The right to basic goods and services, which guarantee survival. It includes adequate food, clothing, shelter, health care, education and sanitation. "2) Safety: The right to be protected against products, production processes and services, which are hazardous to health and life. "3) Information: The right to be given the facts needed to make an informed choice or decision. "4) Choice: The right to choose products and services at competitive prices and in the case of monopolies to have an assurance of satisfactory quality and service at a fair price. "5) Representation: The right of representation in government and other policymaking bodies as well as in the development of products and services before they are produced or set up. "6) Consumer Education: The right to acquire the knowledge and skills to be a informed consumer throughout life.
"The representation of consumer is essential to make effective policies. The Government should involve consumer in matters that have direct or indirect bearing on them. Consumer Protection Courts in the country are necessary to provide easy, inexpensive and immediate solutions to consumers' complaints.
"Consumers should have means to monitor adulterated and substandard articles and high prices. . . Government should facilitate the development of independent consumer groups and should try to find international cooperation in the field of consumer protection.
"Private sector has little concern for consumer protection due to monopolistic and under-developed nature of market in Pakistan. In today's world, the concept of citizen has been dominated by the concept of consumers as the corporations control the economies. The only way to respond to this corporate control is to exercise the consumers' rights. Only consumer pressure can force businesses to follow codes of conduct.
"Awareness-raising among consumers needs to be ensured and media could be employed for this purpose. The consumers in the urban as well as rural areas are not very much aware of the rights of the consumers. Lack of awareness about their legitimate rights as well as existing legal framework on the part of consumers results in the non-implementation.
"Every consumer in his own right has to realize his role and importance in the right perspective. In a competitive economic environment, the consumer has to exercise his choice either in favor of or against the goods and services. His choice is going to be vital and final. He should realize his importance and prepare himself to exercise his rights with responsibility.
"Advertisements are no doubt an important source of information as they help to inform consumers about the availability of different products before making their choice. Today's extraordinary market is full of substitutes. We must learn to obtain information about goods and services, understand the psychology of selling and advertising, and learn to shop wisely.
"We should be more alert and questioning about the price and quality of goods and services we consume. The consumers should come together and organize themselves in order to promote and protect their interests. Consumer rights essentially constitute civil rights and any struggle for the cause of consumer protection is in fact struggle for the civil rights. Consumer empowerment in our country has a long way to go. This is the right time to act." [Courtesy: The News Lahore Edition]
'STATE OF CONSUMER RIGHTS, 2001' [Excerpts from a review of a report issued by the Consumer Rights Commission of Pakistan (CRCP)]
"Indeed, consumer rights' protection is a concept which hasn't got the attention it deserves in developing country like Pakistan. Many countries including India have already adopted legislation for consumer rights' protection. And in many countries around the world, significant progress has been made in strengthening the legislation and infrastructure for its implementation.
"What other countries have been able to achieve in this regard is mainly because of vibrant consumer rights movement which work within the broader context of civil rights. And in Pakistan, there hasn't existed any such movement. However, in recent years, a few non-governmental organizations have started working to create awareness through their publications, seminar discussions and lobbying with various state and non-state institutions. Consumer Rights Commission of Pakistan (CRCP) is one such organization which is working in this direction. Its most recent publication, a report: 'State of Consumer Rights, 2001' is an attempt at gathering relevant data and information on services and products availed by the citizens of Pakistan.
"The most pertinent point to note is that the report goes beyond the generally understood limits and scope of consumer issues (of consumer products available in the marketplace) and tries to contextualize the consumer rights' debate in the broader framework of civil rights. In so doing, it covers such areas as health, food, education, water, privatization and electronic and print media.
"The absence of a proper legislative framework for the protection of consumer rights has led to, as the report puts it: "the incapacity of citizens to effectively monitor public institutions." And this is where the issue of identifying the problems arises - once that is done it would lead to suggesting legislative proposals. And, as reported, that is precisely what the Commission has done by proposing a Model Consumer Protection Act in 2000 which has been under consideration with the Pakistan Law Commission and the Ministry of Law ever since.
"The report says that the proposed draft act has recommended, among other things, "to set up Consumer Councils at national, provincial, and district levels" and, "establishment of Consumer Courts for the redress of consumer complaints." But given a history of slow legislative proceedings for such proposals to become reality, it may take more time than one can reasonable expect
"The report has a lot of startling facts to tell. Consider the facts: only 40% of the total population has access to clean drinking water and in 2001, major cities like Islamabad, Rawalpindi and Karachi, the average demand-supply gap was as high as 35, 17.8 and 23.5 million gallons per day. Contrary to the official version that the scarcity prevailed due to less rainfall, the report argues that a better management of water resources could improve the situation. For example, Water and Sanitation Agency of Rawalpindi district had 195 tube-wells in April 2001, but twenty of them were not working and another forty-five were not properly working.
"A lot of water is wasted by the consumer at various points, an offence which goes unpunished in an irrational tariff regime which doesn't charge the consumer according to the quantity consumed. Obviously, a rectification of the problem could improve the situation. But given that this is the state of our urban centers, the situation in rural areas is not hard to imagine.
"The Pakistani consumers who happen to be the citizens of Pakistan have to decide whether they are masters of their own destiny or not? If yes, then the non-civil character of the state has to diminish, or we'll have to live with present state of our rights." [Courtesy: The News Lahore Edition]
THE LESSONS TO BE LEARNT FROM SWITZERLAND [Courtesy: The Libertarian Enterprise Issue 224]
There is a lot of discussion among various anti-Statist elements about The Ideal Society and how to bring it about. I suggest that it is already present, albeit in an imperfect form. The Swiss created their country entirely to ensure their own Liberty and neutrality in the continually warring atmosphere of post-Carolingian Europe. It would be wise if we looked closely at their example, both for ways in which to emulate it and for ways in which it can be improved.
The Swiss Confederation was born in 1291 when three adjacent valley communities gathered at the Rutli Meadow and swore to cooperatively defend themselves from the depredations of the surrounding national powers. The principles upon which they agreed were simple: non-interference in one another's internal affairs and mutual aid against all those who sought to interfere with any of the three allied cantons.
As the rampaging Austrian, Prussian, French and Italian nation-states grew and quarrelled around them, more and more of the neighbouring Alpine valley communities applied for membership in the "Helvetic Confederation". By 1815, Switzerland had achieved its current size, and it had done so entirely by voluntary applications to join for mutual defence and mutual benefits.
Unlike the failed United States model, which quickly saw the "free and independent States" become de facto provinces of the powerful federal government, the Swiss have (so far) managed to maintain a confederation which has been entirely free of coercion, either from outside or within. Libertarians would do well to study and, in most cases, attempt to emulate this example.
The keys to Swiss Liberty:
The Swiss still carry swords to political meetings, in order to remind politicians that the ultimate power resides with the individual citizens. If they don't like what they hear a politician say, they can fall upon him and cut him to pieces. That may not be comforting to the politicos, but I bet it is to the citizens. It would certainly change the nature of public speeches in Canada. The Swiss can effectively mobilise in a matter of hours, which gives them an enormous advantage over any potential invader. During the Second World War, the Swiss maintained their armed neutrality even when completely surrounded by the Axis powers. They even showed Nazi generals their defences in order to both taunt and daunt them! One such, touring a border fortress, said to a Swiss soldier, "You know, when we come, we will have you outnumbered two-to-one. What will you do then?" The Swiss citizen calmly replied, "We will shoot twice, then go home." The Nazis never dared invade.
The Swiss national sport is shooting, and they are likely the best shots in the world. On holidays it is common to see people walking about with the latest in military rifles, on their way to or from a shooting competition. In this way, the Swiss keep themselves safe from outside invaders as well as the various minions of the State, minimal `though it is.
With all those guns available in every Swiss household, what is the violent crime rate like? It is considerably less than Hong Kong's (where firearms are illegal), and even less than Canada's very low murder rate. Further, the Swiss government has not rounded up and murdered any of its citizens, or anyone else, for that matter.
I suggest that all of the above are instructive for those who long for self-government and ... Peace and Liberty.
URDU TRANSLATION OF "THE ADVENTURES OF JONATHAN GULLIBLE: A FREE-MARKET ODYSSEY"
Ken Schoolland's award-winning libertarian fable "The Adventures of Jonathan Gullible: A Free Market Odyssey" has become the outstanding tool for free-market youth education - winning rave reviews from readers, and have been published in a remarkable 26 languages! Urdu translation of JG has recently been completed by Khalil Ahmad and we are awaiting some sponsors to publish it. If you are interested in sponsoring its publication, please visit www.jonathangullible.com or contact FreePakistan Newsletter.
FREEPAKISTAN NEWS-BRIEFS
RELIEF PACKAGE FOR THE POOR POVERTY SHOOTS UP TAXING THE PROFITABLES 510 BASELESS CASES AGAINST THE TAXPAYERS BLOCKING THE OBSCENE WEBSITES ANOTHER ROAD TAX A MISUSE OF 'LIBERTARIAN PRINCIPLES' FreePakistan exists for the promotion of Libertarian principles and values such as individual freedom, private property, market economy, limited constitutional government, and the rule of law. Its vision is a free and prosperous Pakistan; for only such a Pakistan can contribute positively to the creation of a free and prosperous world. To this end, FreePakistan not only highlights the activities of Libertarians in Pakistan, but also co-ordinates their work with that of Libertarians abroad.
FreePakistan welcome your comments and contributions! Contact at: FreePakistan Newsletter links: Edited and prepared by Khalil Ahmad
Email: [No opinion expressed here should be taken as reflecting the view of the FreePakistan Newsletter.]
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