Regional integration and consumer welfare: an appraisal on the East African community laws

Abstract

This study is premised on the assumption that efficient consumer protection IS important for the full realization of the benefits of economic integration and more so for the East African Community whose member states are developing countries. Based on the foregoing assumption, the study seeks to examine the law as one of the various factors that influence and determine the level of consumer protection both at the national and community level. This obtains from the hypothesis that a unified, harmonized and well developed consumer protection legal regime is one of the major determinants of the full realization of the primary objective of economic integration which is the improvement of welfare. On that basis, the study proceeds to examine from the standpoint of the East African consumer, the various treaties, protocols and other pieces of legislations both at the national level of member states and at the East Africa Community level that relate to consumer protection. The extent to which national and community laws have safeguarded consumer interests in the integration process is investigated. For comparative purposes, the study relies on experiences of European Union, MERCOSUR and ASEAN, and explores ways in which advances made in such regional blocs are useful to strengthening the East African legal framework. The findings reveal that there is generally a fragmentary structure of laws in the municipal laws of respective member states. At the community level, the efforts towards consolidation of laws are influenced by policy to enhance regional trade and investment rather than protect consumer interests. Therefore the incorporation of the consumer protection mechanism into law is inadequate both at the municipal and community levels. The study makes specific recommendations to be effected In or within the legal regime governing the East African Economic Integration with a view of having a comprehensive consumer protection legal regime developed and entrenched in the integration process. This will be necessary for the full realization of the benefits of economic integration stated above.