associations on the frontline
Many civil society actors express criticism against the new law.
few months before the commemoration of the 28th anniversary of World Consumer Rights, a law on measures taken to protect the consumer was finally passed. Yes, finally, because the famous Bill has been around for several years now.
"Before talking about the content, it should be noted that the draft law that has earned its inclusion the Guinness Book of Records. Indeed, the bill was numbered 27-00 and dated from the time of El Youssoufi Government in 1999. It was lost in the maze of the Secretariat General of Government Speech to Royal in August 2008, when HM the King urged the Government to the promulgation of a Code for Consumer Protection, "said Bouazza Kherrata, president of the Moroccan Association for protection and guidance of the consumer (ampoc).
we can say that Bill did the obstacle course and after a brief stint at the second parliamentary chamber this law was finally was passed. "Finally, as associations that protect consumer rights in Morocco, we can rejoice because we now have a law that came especially to fill the legal vacuum that existed in this issue," said Mohamed Benkaddour, President Confederation of Consumer Associations (ACC). "This bill is still coming with a lot of positive things, including the fact that it has created a fund to support associations of consumer protection. This suits us very much, we really need, "said Benkaddour.
Yet the law 31-08, does not really answer all expectations. "Certainly we're happy to finally have this law, however, we do not want to settle for that. There is much work to do and this law will not be static, "says Benkaddour. Indeed, as regards the content of the law 31-08, some organizations find it is not up to their expectations or the height of the time it took to be passed. This is the case of ampoc which says that the mountain has given birth to a mouse to describe the situation. For this association are many critics.
"Caught off guard and had hands that Project 27-00, the government dusted off the number and assigns it back to 31-08 in the first chamber of Parliament. His stay lasted for half a year and restructured out and well written by the Subcommittee after the commission of "productive sectors". But the essentials have not changed, "says Kherrata. And add "A law should support all institutions that could alleviate the magistrates of the countless records and consumer associations can help develop the consumer movement and see widen their scope of intervention, especially in the settlement of disputes without the rule of the Department of Trade and Industry imposed by this law of consumer protection. "
Indeed, this text is like a copy of the French law, Belgian and German with changes that had focused on the role of consumer associations. For towards the end of this text, they will struggle to freely exercise their activities in defense of the consumer through the imposition of the recognition of the public to sue, be a model statute approved by the authority and compulsory membership to the federation. "Our association, which in the past had rebutted under section 99 of the Law on free pricing and competition (99-06) which required consumer associations recognizing the public interest to institute legal proceedings had been speaking of the Department of Commerce 27-00 repeal the law that obstacle. But unfortunately, the promulgation of the final text was voted down recently over the nail, "protests Kherrata.
On the other hand, the concentration of this legislation on consumer credit is not very popular either. "Of 206 articles contained in this law, 17% (Articles 69-105) deal with consumer credit and 19% on mortgages (106-146) by grouping the two and adding the general provisions, the text devotes 60% of its content to the credits as if the credit is an inevitability of Moroccan society, "castigates Kherrata Bouazza. "It is in this sense that our association had always suggested that the text should change its title and it would be more convenient to present it as a law on" consumer credit and real estate "and could thus integrate the Code asked by His Majesty the King by including also the law on food safety 28-07, the Planning Act 04-04, Act of off-plan sales (sale of property in the state future completion) ... "he adds.
Indeed, the text of the Law 31-08 does not mention the protection against occupational hazards threatening the health of consumers, the right to protection of their health interests, environmental and food or the to repair the damage suffered. Still, this act is a positive step. It requires the supplier to inform consumers in advance about product features and services that go with it and, before concluding the sale with the aim of protecting the consumer against fraud arising from misinformation.
"Now that we have a legal reference, we'll work to be even listened to participate in all aspects of consumer protection," says Benkaddour.
Consumer Protection Moroccan
The basic consumer rights are rooted in the speech by former U.S. President John F. Kennedy before Congress March 15, 1962 are the basis of the charter of consumer protection adopted by the United Nations in 1985. These rights are the basis of consumer protection charter adopted by the UN 1985.
In Morocco, the first associations have emerged in the 90s (National Consumer Association, National Consumers League, Association Marocaine de Protection and Consumer Guidance). A quarantine has been established so far and the majority after 2003. These associations need more time to be like their foreign counterparts (American and European).
It also requires consumers to be aware of their rights to be reimbursed or indemnified in case of problems at the consumer level. "While the company Morocco has evolved over the years (it starts rather by intellectuals), but we still have work to outreach, "said Mohamed Benkaddour, president of the Confederation of Consumer Associations (ACC). And add "In our five wickets in Oujda, Kenitra, El Jadida, Essaouira and Taourirte, we received 2957 complaints for the year 2010 and we receive between 90 to 120 complaints a month." A sixth wicket just opened in Casablanca in January 2011. By El Hajjar
Haiti has 203 articles defining the obligations of providers and procedures for the conclusion of a contract.
on consumer protection has been finally adopted by Parliament after several months of discussion. The law will be published in the Official Gazette in a few weeks. However, while some provisions will automatically go under, others will await the publication of implementing regulations that are currently under development. These include provisions on the status of associations or consumer protection related provisions of the Information consumer. This law is a complementary to existing regulations (including the text on the Prevention of Fraud) to fill some loopholes. She comes from a wide consultation between government departments, consumer associations, professional organizations and Chambers as well as academic skills. With 203 articles, this text aims to introduce the general obligation to inform consumers, to establish the principle of transparency of transactions and ensuring consumer protection. And always with the aim to defend interests consumer, the text also regulates certain business practices, sets the terms of the legal guarantee and conventional and provides representation and defense of consumers by consumer associations.
Globally, Act 31-08 is structured around seven main areas to protect the consumer. Thus, the text establishes the right to consumer information. This means that the supplier is required, before signing the contract to acquire a good or service, provide any information of interest to consumers about the characteristics of the product and pricing information, mode of employment, the extent and guarantee conditions, renewal of contracts in the case of fixed-term subscription and delivery times. This information will enable consumers to assess whether or not to enter into the proposed contract.
The law regulates and balances prohibits pyramid selling
The second provision of the law is the establishment of an exhaustive list of unfair terms, thus facilitating the task for which courts are called upon to clean up Contracts of this type of clause. Is "improper, any clause that has the purpose or effect of creating to the detriment of the consumer, a significant imbalance between the rights and obligations of the contract "and that whatever the form or medium of the contract (purchase order, invoice, delivery notes, notes ...). Unfair clauses are declared invalid. If in doubt about the meaning of a term, it will be interpreted in the sense most favorable to the consumer.
The third part deals with the regulation of certain marketing practices used by suppliers. For example, the legislation prohibits false advertising may mislead the consumer. Comparative advertising is not prohibited, but is strictly regulated. The text also outlaws pyramid selling. This practice is unfair and misleading as it aims to create and promote a system of promotion in which the consumer gives consideration in exchange for the opportunity to receive compensation from the entrance rather than new consumers the sale or consumption of products.
Another contribution is that sales in the balance, the canvassing and electronic commerce are clearly regulated. On this last point, the consumer has the right to pre-contractual information. The text states that it must be informed on the supplier's identity and contact information, price and product warranty and service. All contractual conditions applicable to distance contracts shall be readily accessible on the homepage of the vendor's website and in any medium of communication of the offer. The contract must be explicit acceptance of the consumer who can modify his order before confirming. In addition, the supplier must guarantee the security of payment methods they offer. After the conclusion of any distance contract the consumer must receive, at the latest upon delivery, a written confirmation of information provided advance by the supplier.
The fifth contribution to the law 31-08 is on strengthening the legal warranty of defects of the thing sold, conventional warranty and service after-sales service. As such, every vendor is required to provide the buyer with a legal guarantee against hidden defects under the Code of Obligations and Contracts. The novelty of the text is the lengthening of the period of the claim against the supplier. This action must be commenced within two years for real estate instead of one year provided by DOC, and one year for personal property instead of the thirty days fixed by the DOC.
A large section of text is devoted to debt, sixth paragraph. The text thus establishes the conditions of consumer credit, mortgage loans and hire purchase or purchase option. The legislature is particularly picky about the consumer credit, primarily to avoid slippage. He sets the terms of advertising, and defines the procedure for concluding the contract and the nature of disclosures to the borrower. The text states that it may withdraw within seven days after its acceptance of the final offer and grant him the right to make early repayment of the credit for his initiative and without compensation. Moreover, the failure of the consumer may be pronounced after two unpaid installments and an injunction was unsuccessful.
Finally, the seventh point and no less importantly, consumers' associations are finally consecrated in their mission. These are to provide information, advocacy and promotion of consumer interests. The law excludes the associations among their members persons entities having an activity to non-profit, receive assistance or subsidies to firms or groups of companies providing products or services to consumers, advertise commercial or not is purely informative, dedicated to activities other than defending the interests and pursue a political goal. They may be of public benefit and must form a national federation. Only these two structures have the possibility to sue for acts that harm the collective interest of consumers. They can initiate action on their own or be authorized by at least two consumers. However, the law specifies in detail the procedure, both from the standpoint of the lawsuit that the research procedures and findings of violations.
This Act is downloadable : Click here
Focus: Prison and fines
: very heavy sanctions The legislature has had a heavy hand against any offenders who are likely, Depending on the nature of the offense, a sentence of imprisonment or fine or both. As they can not go to jail, legal persons responsible for a violation will be severely punished in a pecuniary way.
For example, lack of information is punishable by a fine of 2 000 to 5 000 DH. For advertising on false or likely to mislead, the advertiser may one month to one year in prison and a fine of 100 000 to 250,000 dirhams. The judge may require the parties to the advertiser and the communication of all relevant documents. A fine of 10,000 dirhams per day may be imposed in case of refusal and the date chosen for the production of documents. The maximum fine may be increased to half the costs of advertising with the crime. If the offender is a corporation, he incurs a fine of 100,000 to one million dirhams. If the advertisement is misleading e-mailed without the free consent of the consumer, the offender is punished from 10 000 to 50 000 DH.
Those who profit from the abuse of weakness or ignorance of a consumer might one month to 5 years imprisonment and a fine of 1200 to 50,000 DH or one of both. If the offender is a corporation, the fine is increased from 100,000 to one million dirhams. Aziza Belouis. Eco Life
