The ASEAN Committee on Consumer Protection (ACCP) is implementing the ASEAN Voluntary Peer Review on Consumer Policy and Law. The peer review is defined as an assessment and examination of the legal institution and performance of the consumer protection regime of an ASEAN Member State (AMS).
The Philippines is committed to developing a dynamic, people- oriented ASEAN Economic Community (AEC) that will generate prosperity for consumer and business and build consumer confidence in fair and transparent ASEAN markets. This can be achieved by working together with the national government and other consumer organizations.
The goal of the peer review is for a common ASEAN consumer protection framework and enforcement and monitoring of consumer protection legislation under the ASEAN Strategic Action Plan for Consumer Protection (“the ASAPCP Goal”).
The purpose of the peer review is to benchmark the development and progress of national consumer protection policies against the ASEAN High-Level Principles on Consumer Protection (AHLPCP) as well as international good practices. The peer review thus may, by that act of review, strengthen the existing legal and institutional frameworks on consumer protection.
The Philippines volunteered to be the first AMS to undergo this peer review. Laban Konsyumer Inc. was invited in the Stakeholder Dialogues to provide and discuss substantial inputs and share experiences and, at the same time, deliver assistance when needed. These Stakeholder Dialogues provided the inputs for the Country Assessment Report subject of the Peer Review.
The Peer Review activity aims to achieve one of the four strategic goals of the ASEAN Strategic Action Plan for Consumer Protection (ASAPCP) 2025, which is the Establishment of a Common ASEAN Consumer Protection Framework. The Peer Review will be conducted among the ASEAN member states (AMS) upon completion of the CountryAssessment Report. Funds were secured by the ACCP and the ASEAN Secretariat for the pilot implementation of the ASEAN Peer Reviews.
The Philippines is the first country to voluntarily conduct an ASEAN Peer Review, with Malaysia and Vietnam as its peer reviewers. The plan is for all AMS to undergo a review of their current consumer protection regimes.
Prior to a Peer Review, an ASEAN country should prepare and submit to the ACCP its Country Assessment Report, a report based on the self-assessment toolkit developed for the purpose by the ASEAN Secretariat. The scope of subjects for this Peer Review include: Policy Formulation, Advocacy, Monitoring and Enforcement, and Redress mechanism. Via this project (the ASEAN Strategic Action Plan for Consumer Protection.), ASEAN hopes to achieve the following: 1. Encourage consistent cross-country and cross-sector implementation of consumer protection policies and laws; 2. Evaluate (where possible) the extent to which consumer policies have had their intended results; and 3. Identify gaps and weaknesses in reviewed areas and to make recommendations for potential follow-up, including via the development of new approaches by AMS.
The Philippines formed a multi-agency working group, worked closely, undertook the country assessment program and reached a consensus on the areas that are to be focused on during thepeer review. The country assessment program can be broken down to individual assessments conducted at agency level for those agencies with their respective mandates.
The said report, which is to be submitted this year, should be cleared with the head of the agency concerned. The working group members will review the Country Assessment Report on the areas for improvement and identified priorities of the concerned agency.
As an active consumer organization, Laban Konsyumer Inc. participated in the Philippine Working Group. The areas of consumer protection includes consumer organization and advocacy, financial services, e-commerce, telecommunications, food and drugs standards, energy and health.
The ASEAN Secretariat draft report is due before the end of the yearand the finalization of the review report is scheduled for early 2021. My readers can look forward to updates in the coming weeks.
Atty. Vic Dimagiba is President of Laban Konsyumer Inc.
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