Professional Documents
Culture Documents
CONSULTATIVE Consumer
COUNCIL Protection
Seminar for SUMATRA CCC MEMBER’S CAPACITY Framework
BUILDING ON TANZANIA CONSUMER
PROTECTION MODEL for Surface
HELD AT HILUX HOTEL, MOROGORO
5th & 6th JUNE, 2008
and Marine
Transport
Services in
Tanzania
THE CASE OF
SUMATRA
CONSUMER
CONSULTATIVE
COUNCIL
1. INTRODUCTION
The Terms of reference given to me by the Chairman of SUMATRA-CCC
(Surface and Marine Transport Authority – Consumer Consultative Council)
for this presentation gave a list of five (5) items that are to be covered
here. These were written in Kiswahili and my, not so precise, translation
into English gave me the following terms:
For ease of presentation I divide these terms into two main topics, first,
an overview the rights and duties of consumers of surface transport
Page 3 of 16
Consumer Protection Framework for Surface Transport Services in Tanzania
By: Dr. R.W. Tenga
[SUMATRA CCC Workshop, Morogoro, June 6, 2008]
A. Consumer Rights:
1) The Right to Satisfy Basic Needs
2) The Right to Safety
3) The Right to be Informed
4) The Right to Choice
5) The Right to be Heard
6) The Right to Redress
7) The Right to a Healthy Environment
8) The Right to Consumer Education
Incipient Rights:
(i) The Right to Boycott
(ii) The Right to Opportunity
B. Consumer Responsibilities:
1) Critical Awareness
2) Action
3) Social Concern
4) Environmental Concern/Sustainable Consumption
5) Working Together/Collective Action
At any level one can easily see that the Transport consumer is no different
from other consumers. Each right and duty has specific impacts on the
transport consumer and Nditi’s and Songoro’s papers have outlined these.
Similarly, the Right to Safety is a core right here where consumers are
faced with unsafe means of transportation. Without safety guarantees
roads can easily turn into ‘killing fields’. Tanzania has in the past faced
serious fatalities on the roads due to night travel by passenger buses and
government had to ban long distance passenger night travel to save
transport users from the carnage. We can go through the list of consumer
rights and see that each is of relevance to this sector’s consumer.
Yet having considered the basic rights and duties; and the existing
consumer protection framework there is need to identify, as stated
earlier, the guiding strategic themes that inform the representation,
consultation and advocacy function of the SUMATRA CCC.
Just last month the World Bank published a report which reviews its work
in the transport sector and details its strategy for years 2008 – 2012. The
Report is entitled “Safe, Clean, and Affordable – Transport for
Development” (WB. May, 2008). The virtue of this report is that it
Page 7 of 16
Consumer Protection Framework for Surface Transport Services in Tanzania
By: Dr. R.W. Tenga
[SUMATRA CCC Workshop, Morogoro, June 6, 2008]
A. Safe Transport!
First, the safety of transport users, transport workers and society at large
is Primary both to the Consumer and government. In terms of health
alone 40% to 60% of people living in developing countries live more than 8
Kilometres from healthcare facilities. In terms of fatalities road accidents
kill worldwide almost 1.2 Million people annually and injure 50 million –
more than hall are pedestrians and cyclists. Thus transport mishaps affect
the majority poor disproportionately. In Tanzania studies from the
College of Engineering and Technology [COET], University of Dar es
Salaam, from way back in 1999, to those sponsored by SUMATRA on road
safety indicate a similar pattern. The World Bank for the next 4 years,
the report shows would give ‘special emphasis to road safety’. The
SUMATRA CCC better take heed as the present tenure of the Council
would run alongside this strategic period for the Bank, which, more often
than not, sets the ‘development vision’ for the donor community including
the all powerful G8.
B. Clean Transport!
produces about 15% of global green-gas emission. The strategy would aim
at promoting “changes in travel behaviour, logistics decision, technology
choices, and transport modes’ Development funding would be made
available for projects that take account of such matters.
C. Affordable Transport!
Considering each element separately and the studies that presently show the
status of traffic safety several issues loom large.
(c) For the ‘Occupant Safety’ component we could repeat Traffic Act,
Licensing Act, etc. including the Ministry of Health. The World
Health Organisation (WHO) has taken transport to be a serious
challenge in the realisation of MDGs for most developing countries.
A safety section in the Ministry of Health deals directly with WHO
on this issues. Please visit WHO’s Website.
(iv) SUMATRA
Learning from the Traffic safety component alone it is easy to see what
advocacy and consultative roles SUMATRA’s CCC must play. There are
many recommendations on what has to be done and reports have been
filed with respective authorities. But without the active push and
advocacy of consumers and their representatives these will just gather
dust in the drawers, maybe not intentionally but through lack of will. The
voters in the market are the consumers they must provide the will which
is lacking.
Page 12 of 16
Consumer Protection Framework for Surface Transport Services in Tanzania
By: Dr. R.W. Tenga
[SUMATRA CCC Workshop, Morogoro, June 6, 2008]
The Functions and powers of the Council are enumerated under Section
304 of the SUMATRA Act and they include:
The NCAC in following its mandate worked out an Annual Work Plan with
the Working Mandate “To be the Consumer Advocacy and Advisory Organ,
so as to safeguard their Interests”. The desired outcome of the Work Plan
is to create a ‘An informed and Pro-Active Consumer’. Truly, amongst our
priorities for this ending year is ‘Public Awareness and Education’ whose
major activity is to formulate public awareness/education strategy on
consumer rights and obligations. In this regard four sub-activities were
identified:
To develop terms of reference for consultancy work on strategy
formulation
Page 15 of 16
Consumer Protection Framework for Surface Transport Services in Tanzania
By: Dr. R.W. Tenga
[SUMATRA CCC Workshop, Morogoro, June 6, 2008]
This effort was complementary to the efforts already carried out by the
Sectoral Consumer Councils, especially TCRA-CCC, EWURA-CCC and
SUMATRA-CCC. On the basis of this the Consumer Councils have drafted a
Memorandum of Understanding for Inter Consumer Councils Networking
which was passed recently by the Joint Council’s Chairpersons to provide
a framework for working together. . One of the main joint activities is
‘Consumer Education and Enlightening programmes’. We therefore
believe that a firm and workable framework is already in place on the
basis of which a proper strategy for consumer education can be pursued.
Page 16 of 16
Consumer Protection Framework for Surface Transport Services in Tanzania
By: Dr. R.W. Tenga
[SUMATRA CCC Workshop, Morogoro, June 6, 2008]
……………………………………XXXXX………………………………….
APPENDIX A - BRIEF SKETCH
TRAFFIC SAFETY
1. ENGINEERING 2. BEHAVIOUR
1.1. SAFER VEHICLES SAFER ROADS MOBILITY MORE CAUTIOUS 2.3. OCCUPANT SAFETY
[CAP.167 THE 2.1. MANAGEMENT 2.2. DRIVING
1.1.1. IMPROVED VEHICLE DESIGN 1.2. HIGHWAYS ACT ] USE SEAT BELTS &
2.1.1. LAND USE OBSERVE TRAFFIC RULES 2.3.1. HELMETS
PUBLIC CARRIER'S IMPROVED ROAD [THE ROAD TRAFFIC
VEHICLE STANDARDS 2.1.2. REDUCE TRAFFIC SPEED 2.2.1. ACT CAP. 168 ]
1.2.1. DESIGN
[STANDARDS ACT - 2.3.2.
2.1.3. MODE SHIFT 2.2.2. BETTER TRAINING
TBS - SUMATRA 1.2.2. CLASSIFICATION OF ROADS
TECHNICAL SAFETY
TANZANIA NATIONAL 2.2.3. NOT DISTRACTED
1.1.2. REGULATIONS]
ROADS AGENCY -
FUELLING MOTORIZED TANROADS: TRUNK
1.1.3. TRANSPORT 1.2.3. ROADS 2.1.4.
1.2.4. 2.1.6.
2.1.6.1.
2.1.6.1.1
2.1.6.1.2
2.1.6.1.3
2.1.6.1.4
2.1.6.1.5
2.1.6.2.
2.1.6.3.
TRAFFIC SAFETY
1. ENGINEERING 2. BEHAVIOUR
1.1. SAFER VEHICLES SAFER ROADS MOBILITY MORE CAUTIOUS 2.3. OCCUPANT SAFETY
[CAP.167 THE 2.1. MANAGEMENT 2.2. DRIVING
1.1.1. IMPROVED VEHICLE DESIGN 1.2. HIGHWAYS ACT ] USE SEAT BELTS &
2.1.1. LAND USE OBSERVE TRAFFIC RULES 2.3.1. HELMETS
IMPROVED VEHICLE IMPROVED ROAD [THE ROAD TRAFFIC
1.1.1.1. CONTROL 2.1.1.1. 2.2.1. ACT CAP. 168 ]
1.2.1. DESIGN
2.3.2.
IMPROVED 1.2.1.1. CRASH PROTECTION
1.1.1.1.1 MAINTENANCE 2.1.1.2. 2.2.1.1.
1.2.2. CLASSIFICATION OF ROADS
1.1.1.1.2 ANTI-LOCK BRAKES 2.1.1.3. 2.2.1.1.1
2.3.2.1.
1.1.1.1.3 REFLECTIVE TAGS 1.2.2.1. TRUNK ROADS 2.2.1.1.2 DRIVER/CREW LICENSING
2.1.2. REDUCE TRAFFIC SPEED
1.2.2.2. REGIONAL ROADS 2.2.1.1.3 VEHICLE INSPECTIONS
PUBLIC CARRIER'S
VEHICLE STANDARDS 1.2.2.3. DISTRICT ROADS 2.2.1.2. SOBRIETY
2.1.2.1. IMPROVED TRAFFIC LAW
[STANDARDS ACT - 1.2.2.4. FEEDER ROADS
TBS - SUMATRA 2.2.1.3. ENFORCEMENT
1.2.2.5. URBAN ROADS
2.1.2.2.
TECHNICAL SAFETY
TANZANIA NATIONAL 2.2.1.4.
1.1.2. REGULATIONS] ROADS AGENCY -
2.1.3. MODE SHIFT
FUELLING MOTORIZED TANROADS: TRUNK 2.2.2. BETTER TRAINING
2.1.3.1. PUBLIC TRANSPORT
1.1.3. TRANSPORT 1.2.3. ROADS
2.1.3.2. PRIVATE CARS
1.1.3.1. HYDROCARBONS FUEL 1.2.3.1. ROADS FUND NON MOTORISED
2.1.3.3. TRANSPORT
1.1.3.2. ALTERNATIVE ENERGY
1.1.3.3. EWURA 2.2.2.1.
1.2.4.
2.1.4.
2.1.4.1.
2.2.2.2.
2.1.4.2.
2.2.2.3.
2.1.4.3.
2.1.4.4.
2.1.4.4.1
2.1.4.4.2
2.1.6.
2.1.6.1.
2.1.6.1.1
2.1.6.1.2
2.1.6.1.3
2.1.6.1.4
2.1.6.1.5
2.1.6.2.
2.1.6.3.