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© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 1
CONSUMER'S LEVEL OF AWARENESS,
CONSUMER EMPOWERMENT AND
RIGHTS
By
Ali Ibrahim Jili'ow
MBA, OUM
Supervised
By
Dr. Ali Yassin Sheikh
MARCH, 2016
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 2
CONSUMER'S LEVEL OF AWARENESS, CONSUMER
EMPOWERMENT AND RIGHTS
TABLE OF CONTENTS
1.0 INTRODUCTION.................................................................................................................... 4
1.1 AN OVERVIEW ABOUT SOMALIA.................................................................................... 4
1.2 SOMALIA AFTER INDEPENDENCE ...................................................................................4
1.3 SOMALIA AFTER 1990s ........................................................................................................5
1.4 SOMALI DEMOGRAPHCS ................................................................................................... 5
1.5 SOMALI'S FIRST SURVEY AFTER DECADES OF CHAOS AND ANARCHY................5
1.5.1 SOMALI POPULATION DISTRIBUTION......................................................................... 6
1.5.2 POPULATION AS GENDER................................................................................................6
1.5.3 POPULATION ESTIMATES OF SOMALIA BY SEX (1995 - 2015).................................7
1.6 POPULATION SIZE AND DISTRIBUTION .........................................................................8
2.0 COMPARING CONSUMER PROTECTION IN ASEAN AND SOMALIA..........................9
2.1 CONSUMER PROTECTION IN SOUTH EAST ASIA .........................................................9
2.2 CONSUMER PROTECTION IN EAST AFRICA ..................................................................9
3. REVIEWING THE LITERATURE..........................................................................................10
3.0 INTRODUCTION ..................................................................................................................10
3.1 CONSUMER RIGHTS AND THE LITERATURE................................................................12
3.2 CONSUMER RIGHTS, PROTECTION & CONSUMER EMPOWERMENT.....................12
3.3 CONSUMER PROTECTION IN MIDDLE AGES ...............................................................12
3.4 EUROPEAN UNION CONSUMER PROTECTION ............................................................13
3.5 MEANING, CONCEPTS, THEORY OF CONSUMER RIGHTS.........................................16
DEFINATIONS OF CONSUMER PROTECTION AND CONSUMER EMPOWERMENT ...16
3.6 DEFINING CONSUMER, WHO IS CONSUMER................................................................16
3.7TYPES OF CONSUMERS...................................................................................................... 17
3.8 CUSTOMERS AND CONSUMERS......................................................................................17
3.9 CONSUMER KNOWLEDGE.................................................................................................18
3.10 BASIC CONSUMER RIGHTS ............................................................................................18
3.11 IS CONSUMER PROTECTION A RIGHT OR A POLICY................................................18
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 3
3.12 WHAT IS CONSUMER PROTECTION..............................................................................19
4.0 CONSUMERISM, HISTORY, CONCEPT AND DEFINATION .........................................20
4.1 DEFINITION OF CONSUMERISM .....................................................................................20
4.2 CONSUMERISM & GOVERNMENT.................................................................................. 21
4.3 WHAT IS CONSUMPTION...................................................................................................21
4.4 CONSUMER BEHAVIOR THEORY................................................................................... 21
4.5 WHAT IS CONSUMER THEORY........................................................................................ 21
4.6 WHAT DOES CONSUMER THEORY ASSUMES............................................................. 22
4.7 EMPOWERING CONSUMERS, CONCEPT AND DEFINATION .....................................22
4.8 WHAT IS CONSUMER EMPOWERMENT........................................................................ 23
4.9 WHAT IS MEANT BY EMPOWERING CONSUMERS......................................................23
4.10 SUMMARY ..........................................................................................................................24
4.11 CONCLUSION .....................................................................................................................25
REFERENCES ............................................................................................................................26
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 4
REPORT ON CONSUMER'S LEVEL OF AWARENESS AND RIGHTS
1.0 INTRODUCTION
Consumers across the planet there exist generally shared view of being ill-served by our current
business, marketing planning and the demand to take corrective action towards complaints,
deprived quality, dangerous products, misleading advertising, fraud and poor services (Maynes,
1972). In business view, the main purpose of making production is to generate a profit, while
consumption is the ultimate goal for production, and to reach that end point, the business should
satisfy its current and potential customers.
Utilization is the finale of the line of economic activities that initiates with an assessment of
available resources and proceeds through creation of goods and services and delivery of goods
and services among citizens (Neva Goodwin, 2008).
However this report offers an overview about Somalia, demographic characteristics of the
Somali population, comparison of Somalia consumer rights with that of ASEAN, definition of
consumer, Consumer rights, types of consumer rights, consumer empowerment and consumer
legislations in Somalia.
1.1 AN OVERVIEW ABOUT SOMALIA
Somalia locates in horn of Africa, it has land area of 637,657km2; Somalia occupies the tip of
the region commonly referred to as the horn of Africa, because of its resemblance on the map to
a rhinoceros's horn. Inland, Somalia has borders with Ethiopia to the north-west,1,626km,Kenya
to the south-west 682km, and Djibouti to the north 58 kilometers long (Hadden, 2007)
1.2 SOMALIA AFTER INDEPENDENCE
Somalia took its independence in 1960 from European colony, the first president was Aden
Abdule osman (1960- 1967), then President Abdi Rashid Ali Sharma' arke came into the office
until his assassination in Las_ anod in 1969, but later in the year a military junta led by Major
General Moh'ed Siad bare took the leadership of the country, President Barre took the office on
21st
October 1969 until 1991, throughout Siad barre's rule there exist widespread of corruption
and military dictatorship, people dissatisfied his leadership and finally opposing groups were
formed and as result president Barre's government was overthrew.
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 5
Civil war erupted in Somalia following the fall of the autocratic regime of Siad Barre in 1991.
Peace was established to varying degrees in the diverse regions of Somalia. The civil war first
abated in the Northwest in 1994, and then in the Northeast 1998. Finally, and less so, in the
central and southern parts, with limited and sporadic hostilities still occurring in Mogadishu
(Tatiana Nenova, 2001). Politically, Somalia is divided into eighteen regions, and subdivided
into districts. The regions are: Awdal; Bakol Benadir, Bari; Bay; Galgudud,Gedo; Hiran,
Jubbada Dhexe (Middle Jubba); Jubbada Hoose (Lower Jubba); Mudug; Nugal; Sanaag;
Shabeellaha Dhexe (Middle Shabelle); Shabeellaha Hoose (Lower Shabelle); Sool; Togder, and
Woqooyi Galbeed (Lee, 2007).
1.3 SOMALIA AFTER 1990s
Somali has been without central and well functioning government, it has undergone a major civil
conflict throughout 1990-92 leading to the fall of the government led by President Siad Barre,
and the consequent divide the country. Even though all Somalis belong to one religion and speak
the same Somali language, the Somali people is separated into several clans and sub-clans and
each sub-clan is sensitive about its financial interests and this is compounded by the vested
interests of the clan and sub-clan leaders (K.E.Vaidyanathan, 1997).''A generation ago, Somalia
had an estimated population of around 8,591,000 people. However, population estimates are very
difficult to verify because of the political situation and the mostly nomadic nature of the
Somalis'' (Lee, 2007)
1.4 SOMALI DEMOGRAPHCS
Demographic data in Somalia are insufficient and imperfect, even though two censuses have
been carried out during the prewar period. The primary census carried out in 1975 was not
published, and only an analytical report based on the census results was brought out in 1984. A
national demographic survey was carried out in 1980-1981, but unfortunately the data were not
processed (K.E.Vaidyanathan, Population Statistics of Somalia, 2007)
1.5 SOMALI'S FIRST SURVEY AFTER DECADES OF CHAOS AND ANARCHY
According to Lee, 2007 Somalia is believed to be one of the fastest growing countries in Africa
and the world. The last census was taken in 2014 by Somali Federal government with the help of
UNDP; the result of the nationwide survey was published in 2014, this publication is the first in a
series of reports to be produced. It highlights the population size, distribution by region,
household sizes and provides a breakdown of the population by sex and age.
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 6
Table: 1.1 1.5.1 SOMALI POPULATION DISTRIBUTION
Population Number Percentage
Estimated population 12,316,895 %
Urban 5,216,392 42.4%
Rural 2,806,787 22.8%
Nomadic 3,186,965 25.9%
IDPs 1,106,751 9.0%
Sources: UNDP Survey, 2014
1.5.2 POPULATION AS GENDER
The following table shows Somali population as a gender, the total population is 12,316,895,
approximately fifty one percent are males while forty nine percent are females
Table 1.2
Sources: UNDP Survey, 2014
The general survey estimated that the total population of Somalis was 12,316,895. An estimated
2,806,787 of Somalis were living in rural areas, and 5,216,392 (or about 42 percent of the total
population) lived in urban areas. Around a quarter of the population 3,186,965 comprised
nomads. Estimates from the UN‟s Refugee Agency, UNHCR, stated that there were 1,106,751
internally displaced persons in all the regions. Results of the survey show that men made up 51
percent around (6,244,765) of the total population, while 49 percent (6,072,130) of the
population were women (United Nations Population Fund,, 2014).
Gender Number Percentage
Males 6,244,765 50.7
Females 6,072,130 49.3
Total 12,316,895 100
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 7
Table 1.3 POPULATION ESTIMATES OF SOMALIA BY SEX (1995 - 2015)
Sources: Population Statistics, UNDP/ UNDOS, 1997
The above table shows Somali's population distribution by combination of sexes, males and
females between the years in 1995_2015, however there has been substantial increase in the
number of population according to this survey nearly forty one percent increase in last year 2015
compared to 1995.
Year Both sexes Males Females
1995 55200 29042 26158
1996 51315 29543 26772
1997 57559 30123 27436
1998 58928 30775 28153
1999 60399 31484 28915
2000 62915 32283 29732
2001 62670 33076 30594
2002 65563 34011 31552
2003 67495 34958 32536
2004 69461 35917 33544
2005 71420 36859 34561
2006 73696 37973 35723
2007 75861 39027 36834
2008 77972 40058 37914
2009 80047 41075 38972
2010 82132 42105 40027
2011 84252 43160 41092
2012 86480 44259 42221
2013 88792 45397 43395
2014 91170 46570 44600
2015 93602 47774 45828
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 8
1.6 POPULATION SIZE AND DISTRIBUTION
The following table shows population size and distribution by region, urban, rural, Nomads and
even those who happen to live in IDPS, Internal Displaced Peoples. According to this survey
5,216,392 live in Urban, around 2,806,787 are Rural; nearly 3,186,965 are Nomads while about
1,106,751 individuals in IDPs.
Figure: 1.1 Urban, Rural, Nomadic and IDPs population by region
Source: UNHCR 2014
Region Urban Rural Nomads IDPs * Total
Awdal 287,821 143,743 233,709 7,990 673,263
Woqooyi Galbeed 802,740 138,912 255,761 44,590 1,242,003
Togdheer 483,724 57,356 154,523 25,760 721,363
Sool 120,993 13,983 187,632 4,820 327,428
Sanaag 159,717 30,804 352,692 910 544,123
Bari 471,785 65,483 133,234 49,010 719,512
Nugaal 138,929 31,047 213,227 9,495 392,698
Mudug 381,493 79,752 185,736 70,882 717,863
Galgaduud 183,553 52,089 214,024 119,768 569,434
Hiraan 81,379 135,537 252,609 51,160 520,685
Middle Shabelle 114,348 249,326 100,402 51,960 516,036
Banadir 1,280,939 --------- ------------ 369,288 1,650,227
Lower Shabelle 215,752 723,682 159,815 102,970 1,202,219
Bay 93,046 463,330 195,986 39,820 792,182
Bakool 61,928 134,050 147,248 24,000 367,226
Gedo 109,142 177,742 144,793 76,728 508,405
Middle Juba 56,242 148,439 131,240 27,000 362,921
Lower Juba 172,861 161,512 124,334 30,600 489,307
All Regions 5,216,392 2,806,787 3,186,965 1,106,751 12,316,895
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 9
COMPARING CONSUMER PROTECTION IN ASEAN AND SOMALIA
2.0 INTRODUCTION
In Asia, consumer Protection has its deep roots in the rich soil of Indian civilization, which dates
back to 3200 B.C. In ancient India, human values were respected and ethical practices were
considered of great significance. Between 400 and 300 B.C., there was a director of trade whose
principal responsibility was to supervise the market conditions (Prasad, N/A).
2.1 CONSUMER PROTECTION IN SOUTH EAST ASIA
The organization of Southeast Asian Nations (ASEAN) was come to existence on 8th August
1967. The Members of this Association are Brunei Darussalam, Cambodia, Indonesia, Lao PDR,
Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.
Association of South East Asian Nations Committee on Consumer Protection (ACCP) was
established in 2007 to guide ASEAN‟s efforts in consumer protection. The ACCP‟s work is
focused on building capacities at the regional and national levels and to offer direction on the
development of policies, laws and institutions essential to strengthen consumer protection in the
region (Association of Southeast Asian Nations, 2014).
Consumers will more voluntarily and productively engage in the consumer credit marketplace if
they can be somewhat certain they will be treated logically and fairly by lenders, principally if
they default on loan repayments. Laws and policy that can improve buyer confidence in the
marketplace include those protecting them against cruel, irrational, unfair and sometimes
criminal practices (ASEAN, 2014)
2.2 CONSUMER PROTECTION IN EAST AFRICA
In East Africa, Kenya introduced draft consumer protection regulations code, 2013, The
Consumer Protection Act (CPA-2012) provides for the safeguarding of the consumer, prevents
unfair business practices in consumer transactions and for matters connected and incidental
thereto. The law was assented to on December 13, 2012 and operational zed by then Trade
Minister on March 14, 2013.
In our neighboring country Ethiopia, There has been no integrated and separate consumer
protection law until the 16th of August 2010, apart from the repeal Trade Practices Proclamation
N0 329/2003 which had a partial protection for consumers and the COMESA Treaty for
Competition Regulation that ratified by Ethiopia government in 2004 which has coverage for
consumers‟ protection in cross-border dealings and still is valid (Haile, Enforcement of
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 10
consumer protection under the new regime of Ethiopia in the light of Eu and US laws and
practices, 2014). In Asia, particular Association of South East Asian Nations Committee on
Consumer Protection (ACCP) was established in 2007 to guide ASEAN‟s efforts in consumer
protection, in Somalia there is no such body that protect the country's consumers, people are fit
up the security .
Somalia has been chaos and anarchy for the last quarter of century, all country's infrastructure,
has collapsed, and there has been no economic development, so we can't compare Somalia and
Association of South East Asian nations politically, socially and economically.
REVIEWING THE LITERATURE
3.0 Introduction
In this section we are going to highlight the literature regarding to consumer rights, consumer
protection, and consumer empowerment, origin of consumer protection in America, Asia and
Europe, and Africa particular in east Africa and also consumerism in Africa.
3.1 CONSUMER RIGHTS AND THE LITERATURE
In the literature, studies and records on public awareness about essential consumer rights are
inadequate. Two unpublished articles on consumerism were written by Ibarra in 1987 and in
1998. One relates to an inter industry analysis on the awareness of three manufacturing
companies on the seven fundamental consumer rights and another study compares awareness of
pharmaceutical companies in Belgium and in the Philippines to the essential rights of consumers
(Ibarra, 2014).
Consumer studies carried out by firms have an objective of discovering consumer requirements
and these, in turn, have encouraged more and not less consumer empowerments when these firms
improve their provisions as a result of such studies (Len Tiu Wright, 2006).
Wilson (2008) argues that consumers have the right not only to expect safety from harmful
products and services purchased in the marketplace, mainly if used properly for their planned
purpose but also the right to be protected from the sale and distribution of unsafe goods and
services. Due to the limited availability of literature explicitly relating to consumer, the strength
of evidence varies depending on the relationship assessed.
There is evidence of the strategic importance of providing aesthetic enhancements for
Consumers during their shopping experiences, supporting previous researches (Booms and
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 11
Bitner, 1981; and Zeithaml et al. (1985) about consumer desire to search out tangible clues to aid
service evaluation (Shostack, 1977).
The literature also notes that the behavior (preferences) of consumers and their associated
rationality is highly uncertain and fragmented, such that other factors may restrict consumers‟
ability to make well-informed and confident purchasing decisions. These issues were highlighted
in a number of case studies relating to Australia, New Zealand and the European Union (EU).
Dumalagan (2004) highlighted that all consumers are entitled to a healthy surroundings and
should be protected from the destructive effects of air, earth, and water pollution that could affect
the performance of daily marketplace business.
The literature also notes that the conduct of consumers and their allied rationality is highly
doubtful and fragmented, such that other factors may control consumers‟ capacity to make well-
informed and confident purchasing decisions. These concerns were highlighted in a number of
case studies concerning to Australia, New Zealand and the European Union.
As Harland (1990) affirms, the capability of products and services to cause severe injury or death
has greatly increased because consumers are often faced with insufficient information to assess
whether these goods and services conform to basic safety requirements.
Since the beginning of trading 10,000 years ago consumer safety has been a difficulty, though
the explosive growth in cyberspace has led to some new problems and challenges for consumer
protection (Jawahitha, 2004).
''Consumer rights gained importance in the world at the advent of the 20th century. The rights of
consumers got international recognition when in 1985 the UN promulgated the basic guidelines
regarding consumer rights protection'' (Revilla, 2014,).
''The UN guidelines said that “all citizens, regardless of their incomes or social standing, have
basic rights as consumers” (Subedi, 2007).
The modern era is marked as the age of consumers. No nation can intentionally ignore the
interest of its consumers. This can be arguing on the origin of fast ratification of consumer safety
laws in nearly all part of the planet (SAHOO, 2011).
Most recently consumers have more rights in terms of selection of commodities and services
than few decades ago, especially in the northern hemisphere and western democracies even if the
related risk that connected with the named goods and services have shown an expansion (Haile,
N/A).
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 12
CONSUMER RIGHTS, CONSUMER PROTECTION, CONSUMER EMPOWERMENT
3.2 The origin of consumer protection
Since the beginning of trading 10,000 years ago consumer safety has been a difficulty, though
the explosive growth in cyberspace has led to some new problems and challenges for consumer
protection (Jawahitha, 2004).
Since the Middle Ages “Consumer protection” has been around; the original forms of consumer
protection were considered to discourage fake trading practices and to guard the consumers from
danger. “Consumer protection” as highlighted by Britain's Office of Fair Trade for offline
commercial activities, includes basic legal rights that a consumer will have when he purchases or
hires commodities or services. Accordingly, there are three basic legal rights accorded to
consumers (Jawahitha, 2004).
3.3 CONSUMER PROTECTION IN MIDDLE AGES
Consumer protection” has been around since the Middle Ages; the earliest form of consumer
protection were designed to depress fraudulent trading practices and to protect the consumers
from danger. Since the Middle Ages the consumer protection has been existed, however the
earliest type of consumer protection were planned to depress fake trading practices and to protect
the consumers from hazards (Sarabdeen Jawahitha, 2004) .
''Consumer rights gained importance in the world at the advent of the 20th century. The rights of
consumers got international recognition when in 1985 the UN promulgated the basic guidelines
regarding consumer rights protection'' (Revilla, 2014,)
''The UN guidelines said that “all citizens, regardless of their incomes or social standing, have
basic rights as consumers” (Subedi, 2007).
The modern era is marked as the age of consumers. No nation can intentionally ignore the
interest of its consumers. This can be arguing on the origin of fast ratification of consumer safety
laws in nearly all part of the planet (SAHOO, 2011).
In America, Consumer protection history in the United States relates to the story of precise
formal legal responses to crises and emergencies that make great public outrage and need a
public response. This pattern began against the background of the 19th century common law,
which emphasized free will of contract and caveat emptor means let the buyer beware (Spencer
Weber Waller, 2012).
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 13
3.4 EUROPEAN UNION CONSUMER PROTECTION
The Objectives of European consumer policy is to make the European Union (EU) a tangible
certainty for five hundred million citizens by pledging their rights as consumers. That means
protecting consumers from serious hazards and threats that they are not capable to tackle as
persons, empowering them to make choices base on exact, clear and consistent information,
enhancing their wellbeing and efficiently defending their safety as well as their economic
interests. According to the Treaty on the Functioning of the European Union (TFEU), consumer
protection issues are a shared competence of the EU and Member States (Valant, 2015)
Article 169 Treaty on the Functioning of the European Union defines specific objectives of the
European Union Consumer policy.
In Asia, consumer Protection has its deep roots in the rich soil of Indian civilization, which dates
back to 3200 B.C. In ancient India, human values were respected and ethical practices were
considered of great significance. Between 400 and 300 B.C., there was a director of trade whose
principal responsibility was to supervise the market conditions (Prasad, N/A). The Indian legal
system experienced a revolution with the performance of the Consumer Protection Act of 1986, which was
particularly intended to protect consumer interests. The CPA was passed with stated objectives. It is intended to
provide justice which is “less formal, less paper work, less delay and less expense”.
In Africa, The Republic of South Africa put in place consumer protect act, Act no 68, 2008
designed to promotes a fair, accessible and sustainable marketplace for consumer products and
services and for that purpose to establish national norms and standards relating to consumer
protection, to provide for improved standards of consumer information, to prohibit certain unfair
marketing and business practices, to promote responsible consumer behavior, to promote a
consistent legislative and enforcement framework relating to consumer transactions and
agreements, to establish the National Consumer Commission (REPUBLIC OF SOUTH
AFRICA, 2008).
South African consumer rights act, section C affirms that Consumer‟s right to select suppliers,
Expiry and renewal of fixed-term agreements, Pre-authorization of repair or maintenance
service, Consumer‟s right to cooling-off period after direct marketing, Consumer‟s right to
cancel advance reservation, booking or order, Consumer‟s right to choose or examine goods,
Consumer‟s rights with respect to delivery of goods or supply of service, Consumer‟s right to
return goods and Unsolicited goods or services.
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While part C of this code confirms that consumers has the Right to disclosure of information,
Right to information in plain and understandable language, Disclosure of price of goods or
services, Product labeling and trade descriptions, Disclosure of reconditioned or grey market
goods, Sales records, Disclosure by intermediaries, Identification of deliverers, installers and
others.
In East Africa, Kenya introduced draft consumer protection regulations code, 2013, The
Consumer Protection Act (CPA-2012) provides for the safeguarding of the consumer, prevents
unfair business practices in consumer transactions and for matters connected and incidental
thereto. The law was assented to on December 13, 2012 and operational zed by then Trade
Minister on March 14, 2013.
The Consumer Protection Act covers various consumer interest areas including: consumer rights,
unfair business practices, rights and obligations respecting specific consumer agreements, sectors
where advance fee is prohibited, repairs to motor vehicles and other goods, credit agreements,
leasing, procedures for consumer remedies and consumer protection advisory committee
(Consumers Federation of Kenya, 2014).
The code provides Consumers' Basic Rights as
1) Safeguard of life, health and safety against risks caused by practices in the supply of products
and services considered hazardous or harmful.
2) Education and communication as to the proper use of products and services,
3) Appropriate and clear information about the different products and services
4) protection against misleading, deceptive, explicit and abusive advertising in public places
5) Effective prevention against and redress for individual, collective or diffuse material and
moral damages.
6) Access to the jurisdictional and administrative bodies regarding the prevention or Redress for
individual, collective or diffuse material or moral damages, being ensured legal,
administrative and technical protection to the low-income consumer.
In our neighboring country Ethiopia, There has been no integrated and separate consumer
protection law until the 16th of August 2010, apart from the repeal Trade Practices Proclamation
N0 329/2003 which had a partial protection for consumers and the COMESA Treaty for
Competition Regulation that ratified by Ethiopia government in 2004 which has coverage for
consumers‟ protection in cross-border dealings and still is valid (Haile, Enforcement of
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 15
consumer protection under the new regime of Ethiopia in the light of Eu and US laws and
practices, 2014).
Most African countries write their constitution for the protection and the safeguarding consumer
rights, and so does Somalia, For instance the Civil Code of Ethiopia has incorporated, in the
chapter dealing with contacts of Sales, the Seller‟s obligation to provide warranty against defects
and non-conformity correlated With the buyer‟s right to demand remedy for the damage
resulting from breach of such warranty (Arts.2287-2300).
According to Section 6 Somali criminal code (1962), crimes endangering public safety, article:
335 denote that whoever pollutes water or any other substance shall be punished with
imprisonment for not less than fifteen years
Provisional Constitution of Somalia Federal Government that was adopted in August 1, 2012
affirms the rights of the Somalia citizens in many aspects, the following articles denote.
Article 10: Human Dignity
(1) Human dignity is given by God to every human being, and this is the basis for all human
rights. (2Human dignity is inviolable and must be protected by all.
(3) State power must not be exercised in a manner that violates human dignity.
Article 27: Economic and Social Rights
(1) Every person has the right to clean potable water.
(2) Every person has the right to healthcare, and no one may be denied emergency healthcare for
any reason, including lack of economic capability.
(3) Every person has the right to full social security.
(4) Every person has the right to protect, pursue, and achieve the fulfillment of the rights
recognized in this Article, in accordance with the law, and without interference from the state or
any other party.
(5) It shall be ensured that woman, the aged, the disabled and minorities who have long suffered
discrimination get the necessary support to realize their socio-economic rights.
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 16
3.5 MEANING, CONCEPTS, THEORY, AND DEFINATIONS OF CONSUMER,
CONSUMER PROTECTION AND CONSUMER EMPOWERMENT
The word consumer is easy to understand and the literal meaning is "one who consumes" but as
against a customer in the market place, a consumer has a wider and broader meaning. In
conventional theory the consumer is considered to be knowledgeable about costs, price and
quality of commodities.
3.6 DEFINING CONSUMER, WHO IS CONSUMER?
“Consumer” as defined in the Malaysian Consumer Protection Act 1999 means that a person
who acquires or uses goods or services of a kind originally acquired for personal, domestic or
household purpose, use or consumption; and not for the purpose of trading, or manufacturing
consumption (Jawahitha, Consumer Protection in E-Commerce:Analyzing the Statutes in
Malaysia, 2004).
Malaysian consumer Act 1999, “Consumer” as defined in the Malaysian Consumer Protection
Act 1999 means a person who acquires or uses goods or services of a kind originally acquired for
personal, domestic or household purpose, use or consumption; and not for the purpose of trading,
or manufacturing consumption. (Jawahitha, 2004).
According to South African consumer act: A consumer is a person to whom goods or services
are marketed, who has entered into transactions with suppliers, users of particular goods or
recipients/beneficiaries of services.
Consumer can be defined as, an individual who purchases and uses Products and services in
contrast to manufacturers who produce the goods or services and wholesalers or retailers who
distribute and sell them.
The consumer Protection Act, 1978 of Finland, defines consumer' as "a person who acquires
consumer goods or services primarily for his personal use or for use in his private household."
Cambridge Advanced Learner's dictionary defines consumer as "a person who buys goods or
services for their own use''.
Longman Dictionary of Contemporary English defines "Someone who buys and uses
products and services
According to Al-Jeraisy, 2008, The term consumer refers to two types of consumers as final and
Organizational consumers, Final consumers are those who buys goods and services for his or her
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 17
own use, for the use of the household, or as a gift for a friend Organizational consumers relates
to commercial, industry, agricultural firms, Government agencies and non-for profit institution
3.7TYPES OF CONSUMERS
The term consumer behavior describes two different kinds of consuming entities:
1) Personal consumer and
2) Organizational consumer.
The personal consumer buys goods and services for his or her own use, for the use of the
household, or as a gift for a friend. In each of these contexts, the products are bought for final
use by individuals, who are referred to as end users or ultimate consumers.
The organizational consumer –includes profit and not-for-profit businesses, government agencies
(local, state, and Federal), and institutions (such as schools, hospital, and prisons), all of which
must buy products, equipment, and service in order to run their organizations (Bello, 2008)
3.8 CUSTOMERS AND CONSUMERS
The term “customer” it typically used to refer to someone who frequently buys from a particular
store or company. The term “Consumer” more usually refers to any person engaging in any of
the activities used in our definition consumer behavior.
Therefore, a customer is defined in terms of specific firm while a consumer is not. The
traditional viewpoint has been to define consumers strictly in terms of economic goods and
services. This position holds that consumers are potential purchasers of products and services
offered for sale.
A consumer in relation to any goods means any person who might wish to be supplied with the
goods for his own private use or consumption.
Consumption can be defined as the process of purchasing and using product, then disposing of
the reminder (Al-Jeraisy, 2008)
Basic components of Consumption
I. Purchasing
II. Usage
III. Disposal
IV. Inability of the reminder to satisfy other needs
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 18
3.9 CONSUMER KNOWLEDGE
According to National Foundation for Credit Counseling, 2005, Consumer education covers a
range of activities including
 To understand their rights and responsibilities.
 To think about the choices they face as consumers.
 To learn about consumer legislation and regulation.
 To become better buyers.
 To take appropriate action to protect their rights.
3.10 BASIC CONSUMER RIGHTS
What are the basic rights of the consumer?
According to National Foundation for Credit Counseling, 2005 basic Consumer Rights,
 The right to safety
 The right to be heard
 The right to be informed
 The right to consumer education
 The right to choose
 The right to service
3.11 IS CONSUMER PROTECTION A RIGHT OR A POLICY?
The United Nations Guidelines for Consumer Protection, adopted in 1985 and revised in 1999,
propose a list of objectives described as „legitimate needs‟: right to be heard; right to
information; right to safety; right to choose; right to consumer education; right to consumer
redress; freedom to form consumer groups; promotion of sustainable consumption patterns; and
promotion of economic interests of consumers (Consumers International, 2011)
Accordingly Jawahitha 2004, there are three basic legal rights accorded to consumers:
1. The goods and services must be of satisfactory quality;
2. The goods and services must fit for their purposes; and
3. The goods and services must be as described
Consumers' rights had got international recognition when in 1985 the UN promulgated the
fundamental guidelines concerning consumer rights protection.
'' The United Nations guidelines for consumer protection said that “all citizens, regardless of
their incomes or social standing, have basic rights as consumers” (Subedi, 2007).
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 19
The ability of consumers to have control of their own choices has been reported to be central to
the experience of empowerment (Wathieu et al., 2002).
The approach of consumers towards the global brands has long been the topic of many studies in
the western nations. Yet they have not adequately studied Chinese consumers, in an academic
way following a precise methodology, even if they may obtain greater significance (Guo, 2005 ).
According to Malaysian Consumer act 1999, consumer” means a person who
 Acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or
household purpose, use or consumption; and
 Does not acquire or use the goods or services, or hold him out as acquiring or using the
goods or services, primarily for the purpose of
 Resupplying them in trade
 Consuming them in the course of a manufacturing process; or
 In the case of goods, repairing or treating, in trade, other goods or fixtures on land;
The consumers have many rights, so they should now and the businesses are required to address
these rights when dealing with their consumers. According to Manila & Revilla 2014, consumers
have eight consumer rights they are as follows:
a) Right to basic needs
b) Right to safety
c) Right to information
d) Right to choose
e) Right to representation
f) Right to redress
g) Right to consumer education
h) Right to healthy environment.
A great deal of the literature on consumer empowerment focuses on consumers‟ efforts to
recover control of their consumption processes from suppliers (Andrew Newman, 2006)
3.12 WHAT IS CONSUMER PROTECTION?
There has been a series of discussions on the actual definition of the „consumer‟ that needs to be
protected ( Akomolede and Oladele, 2006). However, a modern definition of the consumer,
according to Akomolede and Oladele (2006:16) is any person who purchases or is supplied
goods, or uses or consumes goods and services at the end of a chain of production” (Kamarudeen
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 20
Babatunde Bello, 2012). “Consumer protection” as highlighted by the United Kingdom Office of
Fair Trade for offline commercial activities, includes basic legal rights that a consumer will have
when he buys or hires goods or services.
Consumer protection represents today a key-concern for each modern economy, as it reflects its
potential of providing well-being for citizens and of empowering them to act efficiently on the
markets (Ene1, 2012)
Throughout the process of globalization, the limitations among the markets of agricultural-food
crops have moved out and industrial innovations have taken their place in food sector while an
increase is experimental in the number of food-based diseases (Gunden, 2011).
4.0 CONSUMERISM, HISTORY, CONCEPT AND DEFINATION
The origin s of contemporary consumerism lie in the 18t h century, before the 18t h century,
several factor s held consumerism a t bay, first and foremost, the dominant value system of
organized religion. During the time period spanning 1800 – 1920, a number of significant
Events in the development of consumerism occurred.
While the origins of mass consumerism we r e rooted in the early part Of the century, it was not
until the post-World War II that consumer ism began to find a firm foothold in our culture
(Emerald, 2004)
Scholars have argued that consumerism in most Developing Countries, to which Nigeria belongs,
is still at its infancy (Onah, 1979; Thorelli, 1981; Darley and Johnson, 1993; Ho, 2001), in spite
of the prevalence of unwholesome marketing practices by business firms in general. Consumer
protection has been around since the Middle Ages; the earliest forms of consumer protection
were designed to discourage deceptive trading practices and to look after the consumers from
danger (Jawahitha, 2004).
4.1 DEFINITION OF CONSUMERISM
Consumerism has been defined as a social movement that seeks to increase the rights and powers
of consumers (Kotler, 1972; Perreault and McCarthy, 2002)
The term consumerism was first coined by businessmen in the middle of 1960's as they thought
of the consumer movement as another "ism" like socialism and Communism, threatening
capitalism.
Longman Dictionary of Contemporary English defines' the idea or belief that the buying and
selling of products is the most important or useful activity for an individual or a society.
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 21
4.2 CONSUMERISM & GOVERNMENT
The Government‟s main purpose for consumer guiding principle is to empower consumers to
formulate wise decisions when purchasing goods and services. Empowered consumers require
selection and by exercising it, inspire competition and innovation as well as high standards of
consumer concern (BIS, Department for Business, innovation and skills, 2011)
Empowerment depends on a reinforcement framework of competition and consumer act so that
choices are offered reasonably. The regulation wishes to be properly enforced but it is essential
that the law is not too rigid; otherwise it runs the risk of dampening competition.
4.3 WHAT IS CONSUMPTION?
Neva Goodwin, Julie A. Nelson, Frank Ackerman and Thomas Weisskop( 2008), Consumption
is the method by which commodities and services are, at last, put to absolute use by people.
Consumption is at the conclusion of the line of economic activities that begins with an evaluation
of obtainable resources and proceeds through production of goods and services and supply of
goods and services among community and groups
Consumption is the only end and principle of all production and the welfare of the producer
ought to be attended to, barely so far as it may be necessary for promoting that of the consumer.
[Adam Smith, The Wealth of Nations, 1937 Modern Library edition, p. 625].
4.4 CONSUMER BEHAVIOR THEORY
This research report used the theory of buyer behavior, this theory is developed by Howard 1969,
and it's also called consumer decision-model, Theory of Buyer Behaviour‟ (or Howard and Sheth
Model) (Howard ANDSheth 1969). It provides “a sophisticated integration of the various social,
psychological and marketing influences on consumer choice into a coherent sequence of
information processing” (Foxall 1990 p.10).
4.5 WHAT IS CONSUMER THEORY
Consumer theory is the study of how people decide what to spend their money on given their
preference and their budget constraints. Consumer theory shows how individuals make choices
given their income and the price of goods and services and helps to understand how individuals
test and income influence the demand curve.
Source: Investopedia
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 22
4.6 WHAT DOES CONSUMER THEORY ASSUMES?
Consumer theory assumes that the consumer is rational; in Consumer theory consumers can
choice different bundles of goods and services, this implies that his preference satisfies the
following properties.
 They are complete
 They are reflexive
 They are transitive
 They are continuous
They are complete means giving any set of possible bundles of goods, the consumer is always
capable of deciding which one is preferable to other is and then making them in terms of
preference, They are reflexive means any bundle is at least as good as itself They are continuous
means that there are no big jumps in to the ranking of alternatives
4.7 EMPOWERING CONSUMERS, CONCEPT AND DEFINATION
The concept of empowerment has been studied for years from the viewpoint of the employee.
Mary Parker Follett enlightened the significance of people rather than manufacturing techniques
and the importance of a common objective within the business (Rodríguez, 2014). In psychology
the term empowerment is studied, among others, by Zimmerman (2000) who protected the
continuation of three levels of empowerment: individual, organizational and community.
More lately, empowerment has been studied from the approach of the consumer, where Denegri
et al. (2006) separated it into three stages: the consumer sovereignty model, the cultural power
model and the discursive power model (Rodríguez, Consumer Empowerment in the Internet
Generation, 2014).
Consumer power concept has also been utilized to highlight the nature and the basics of demand
to give reason for the role of the consumer in marketing (Smith, 1987). Thanks to the new
technologies, there has been a extraordinary increase of critic research in the analyses of
consumer power (Rodríguez, 2014).
Consumer empowerment contains two extensive elements which interact to create the conditions
for consumers to thrive. Firstly, the resources consumers have at their disposal to make better
choices.
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 23
4.8 WHAT IS CONSUMER EMPOWERMENT?
As mentioned earlier, customer empowerment is defined as a process involving interactive
relationships between the service providers and their customers that build trust and strengthen
customer confidence.
4.9 WHAT IS MEANT BY EMPOWERING CONSUMERS?
Empowering consumers is a much used phrase, however, these represent individual elements of
efforts to empower consumers and it is important to view them as parts of a wider concept. The
literature suggests that consumer empowerment consists of two linked broad-based components
with various strands sitting within each: The resources available to consumers to make informed
choices; and the institutions and safeguards that support them in doing this
The empowered consumer articulates preferences more clearly, allowing businesses to better
understand the products required and better able to compete by differentiating themselves in the
market. This leads to better offers, which results in increased consumer welfare because of better
and cheaper products supplied more efficiently because of strengthened competition.”
At the core of consumer empowerment is the idea that consumers should have the tools to secure
the best outcomes for themselves. An empowered consumer should be confident, knowledgeable
and feel protected, and therefore tends to make optimal decisions by understanding their own
preferences, the choices available to them and their rights ( L. C. Panel 2013).
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 24
4.10 SUMMARY
''Consumer rights gained importance in the world at the advent of the 20th century. The rights of
consumers got international recognition when in 1985 the UN promulgated the basic guidelines
regarding consumer rights protection'' (Revilla, 2014,).The modern era is marked as the age of
consumers. No nation can intentionally ignore the interest of its consumers. This can be arguing
on the origin of fast ratification of consumer safety laws in nearly all part of the planet (SAHOO,
2011).
In America, Consumer protection history in the United States relates to the story of precise
formal legal responses to crises and emergencies that make great public outrage and need a
public response. This pattern began against the background of the 19th century common law,
which emphasized free will of contract and caveat emptor means let the buyer beware (Spencer
Weber Waller, 2012).
In Asia, consumer Protection has its deep roots in the rich soil of Indian civilization, which dates back to
3200 B.C. In ancient India, human values were respected and ethical practices were considered of great
significance. Between 400 and 300 B.C., there was a director of trade whose principal responsibility was
to supervise the market conditions (Prasad, N/A).
In Africa, The Republic of South Africa put in place consumer protect act, Act no 68, 2008
designed to promotes a fair, accessible and sustainable marketplace for consumer products and
services and for that purpose to establish national norms and standards relating to consumer
protection, to provide for improved standards of consumer information, to prohibit certain unfair
marketing and business practices, to promote responsible consumer behavior, to promote a
consistent legislative and enforcement framework relating to consumer transactions and
agreements, to establish the National Consumer Commission (REPUBLIC OF SOUTH
AFRICA, 2008).
In East Africa, Kenya introduced draft consumer protection regulations code, 2013, The
Consumer Protection Act (CPA-2012) provides for the safeguarding of the consumer, prevents
unfair business practices in consumer transactions and for matters connected and incidental
thereto. The law was assented to on December 13, 2012 and operational zed by then Trade
Minister on March 14, 2013.
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 25
4.11 CONCLUSION
Somali has been without central and well functioning government for the last two decades, it has
undergone a major civil conflict throughout 1990-92 leading to the fall of the government led by
President Siad Barre, and the consequent divide the country. Even though all Somalis belong to
one religion and speak the same Somali language, the Somali people is separated into several
clans and sub-clans and each sub-clan is sensitive about its financial interests and this is
compounded by the vested interests of the clan and sub-clan leaders (K.E.Vaidyanathan,
1997).In the economy the Somalis are agro based, their economy depends on mainly for fishing,
farming, business and livestock.
Most African countries write their constitution for the protection and the safeguarding consumer
rights, and so does Somalia, For instance the Civil Code of Ethiopia has incorporated, in the
chapter dealing with contacts of Sales, the Seller‟s obligation to provide warranty against defects
and non-conformity correlated With the buyer‟s right to demand remedy for the damage
resulting from breach of such warranty (Arts.2287-2300).
According to Section 6 Somali criminal code (1962), crimes endangering public safety, article:
335 denote that whoever pollutes water or any other substance shall be punished with
imprisonment for not less than fifteen years
Provisional Constitution of Somalia Federal Government that was adopted in August 1, 2012
affirms the rights of the Somalia citizens in many aspects
By Comparing Consumer protection in Somalia and Association of Southeast Asian Nations
Somalia has been chaos and anarchy for the last two decades, all country's infrastructure, has
collapsed, and there hasn't been any economic development, so we can't compare politically,
socially and economically for Association of South East Asian nations and Somalia.
As far as consumer protection, consumer awareness and rights are concerned, to the best of my
knowledge there is no consumer protection here in Mogadishu and apparently elsewhere in
Somalia, even thought I made a number of contacts regarding these issues, the responses
provided by the experts in legal systems and even human rights activists come to conclude
negative, so authorities are expected to take prompt measures to form and implement consumer
protection and consumer rights laws.
© 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 26
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developing countries. CI.
9) Emerald, N. D. (2004). Consumerism, Nature, and the Human Spirit. Virginia.
10) Ene1, C. (2012). Consumer Protection in Bulgaria: EU Challenges, Economics of
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in the light of Eu and US laws and practices. Budapest: Central European University.
13) Haile, A. (N/A). Enforcement of new legal regime of Ethiopia in the light of EU and US
laws and practices: Comperative anlysis. Central European University. Pudapest: Central
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Malaysia. The Journal of American Academy of Business, , 55.
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in Malaysia. The Journal of American Academy of Business , 55.
18) Jillian G. Brady, S. W. (2012). Consumer Protection in the United States: An Overview
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Somalia, Nairobi: UNFPA Consultant at UNDOS,.
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Report on consumer's level of awareness and rights in mogadishu, somalia

  • 1. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 1 CONSUMER'S LEVEL OF AWARENESS, CONSUMER EMPOWERMENT AND RIGHTS By Ali Ibrahim Jili'ow MBA, OUM Supervised By Dr. Ali Yassin Sheikh MARCH, 2016
  • 2. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 2 CONSUMER'S LEVEL OF AWARENESS, CONSUMER EMPOWERMENT AND RIGHTS TABLE OF CONTENTS 1.0 INTRODUCTION.................................................................................................................... 4 1.1 AN OVERVIEW ABOUT SOMALIA.................................................................................... 4 1.2 SOMALIA AFTER INDEPENDENCE ...................................................................................4 1.3 SOMALIA AFTER 1990s ........................................................................................................5 1.4 SOMALI DEMOGRAPHCS ................................................................................................... 5 1.5 SOMALI'S FIRST SURVEY AFTER DECADES OF CHAOS AND ANARCHY................5 1.5.1 SOMALI POPULATION DISTRIBUTION......................................................................... 6 1.5.2 POPULATION AS GENDER................................................................................................6 1.5.3 POPULATION ESTIMATES OF SOMALIA BY SEX (1995 - 2015).................................7 1.6 POPULATION SIZE AND DISTRIBUTION .........................................................................8 2.0 COMPARING CONSUMER PROTECTION IN ASEAN AND SOMALIA..........................9 2.1 CONSUMER PROTECTION IN SOUTH EAST ASIA .........................................................9 2.2 CONSUMER PROTECTION IN EAST AFRICA ..................................................................9 3. REVIEWING THE LITERATURE..........................................................................................10 3.0 INTRODUCTION ..................................................................................................................10 3.1 CONSUMER RIGHTS AND THE LITERATURE................................................................12 3.2 CONSUMER RIGHTS, PROTECTION & CONSUMER EMPOWERMENT.....................12 3.3 CONSUMER PROTECTION IN MIDDLE AGES ...............................................................12 3.4 EUROPEAN UNION CONSUMER PROTECTION ............................................................13 3.5 MEANING, CONCEPTS, THEORY OF CONSUMER RIGHTS.........................................16 DEFINATIONS OF CONSUMER PROTECTION AND CONSUMER EMPOWERMENT ...16 3.6 DEFINING CONSUMER, WHO IS CONSUMER................................................................16 3.7TYPES OF CONSUMERS...................................................................................................... 17 3.8 CUSTOMERS AND CONSUMERS......................................................................................17 3.9 CONSUMER KNOWLEDGE.................................................................................................18 3.10 BASIC CONSUMER RIGHTS ............................................................................................18 3.11 IS CONSUMER PROTECTION A RIGHT OR A POLICY................................................18
  • 3. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 3 3.12 WHAT IS CONSUMER PROTECTION..............................................................................19 4.0 CONSUMERISM, HISTORY, CONCEPT AND DEFINATION .........................................20 4.1 DEFINITION OF CONSUMERISM .....................................................................................20 4.2 CONSUMERISM & GOVERNMENT.................................................................................. 21 4.3 WHAT IS CONSUMPTION...................................................................................................21 4.4 CONSUMER BEHAVIOR THEORY................................................................................... 21 4.5 WHAT IS CONSUMER THEORY........................................................................................ 21 4.6 WHAT DOES CONSUMER THEORY ASSUMES............................................................. 22 4.7 EMPOWERING CONSUMERS, CONCEPT AND DEFINATION .....................................22 4.8 WHAT IS CONSUMER EMPOWERMENT........................................................................ 23 4.9 WHAT IS MEANT BY EMPOWERING CONSUMERS......................................................23 4.10 SUMMARY ..........................................................................................................................24 4.11 CONCLUSION .....................................................................................................................25 REFERENCES ............................................................................................................................26
  • 4. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 4 REPORT ON CONSUMER'S LEVEL OF AWARENESS AND RIGHTS 1.0 INTRODUCTION Consumers across the planet there exist generally shared view of being ill-served by our current business, marketing planning and the demand to take corrective action towards complaints, deprived quality, dangerous products, misleading advertising, fraud and poor services (Maynes, 1972). In business view, the main purpose of making production is to generate a profit, while consumption is the ultimate goal for production, and to reach that end point, the business should satisfy its current and potential customers. Utilization is the finale of the line of economic activities that initiates with an assessment of available resources and proceeds through creation of goods and services and delivery of goods and services among citizens (Neva Goodwin, 2008). However this report offers an overview about Somalia, demographic characteristics of the Somali population, comparison of Somalia consumer rights with that of ASEAN, definition of consumer, Consumer rights, types of consumer rights, consumer empowerment and consumer legislations in Somalia. 1.1 AN OVERVIEW ABOUT SOMALIA Somalia locates in horn of Africa, it has land area of 637,657km2; Somalia occupies the tip of the region commonly referred to as the horn of Africa, because of its resemblance on the map to a rhinoceros's horn. Inland, Somalia has borders with Ethiopia to the north-west,1,626km,Kenya to the south-west 682km, and Djibouti to the north 58 kilometers long (Hadden, 2007) 1.2 SOMALIA AFTER INDEPENDENCE Somalia took its independence in 1960 from European colony, the first president was Aden Abdule osman (1960- 1967), then President Abdi Rashid Ali Sharma' arke came into the office until his assassination in Las_ anod in 1969, but later in the year a military junta led by Major General Moh'ed Siad bare took the leadership of the country, President Barre took the office on 21st October 1969 until 1991, throughout Siad barre's rule there exist widespread of corruption and military dictatorship, people dissatisfied his leadership and finally opposing groups were formed and as result president Barre's government was overthrew.
  • 5. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 5 Civil war erupted in Somalia following the fall of the autocratic regime of Siad Barre in 1991. Peace was established to varying degrees in the diverse regions of Somalia. The civil war first abated in the Northwest in 1994, and then in the Northeast 1998. Finally, and less so, in the central and southern parts, with limited and sporadic hostilities still occurring in Mogadishu (Tatiana Nenova, 2001). Politically, Somalia is divided into eighteen regions, and subdivided into districts. The regions are: Awdal; Bakol Benadir, Bari; Bay; Galgudud,Gedo; Hiran, Jubbada Dhexe (Middle Jubba); Jubbada Hoose (Lower Jubba); Mudug; Nugal; Sanaag; Shabeellaha Dhexe (Middle Shabelle); Shabeellaha Hoose (Lower Shabelle); Sool; Togder, and Woqooyi Galbeed (Lee, 2007). 1.3 SOMALIA AFTER 1990s Somali has been without central and well functioning government, it has undergone a major civil conflict throughout 1990-92 leading to the fall of the government led by President Siad Barre, and the consequent divide the country. Even though all Somalis belong to one religion and speak the same Somali language, the Somali people is separated into several clans and sub-clans and each sub-clan is sensitive about its financial interests and this is compounded by the vested interests of the clan and sub-clan leaders (K.E.Vaidyanathan, 1997).''A generation ago, Somalia had an estimated population of around 8,591,000 people. However, population estimates are very difficult to verify because of the political situation and the mostly nomadic nature of the Somalis'' (Lee, 2007) 1.4 SOMALI DEMOGRAPHCS Demographic data in Somalia are insufficient and imperfect, even though two censuses have been carried out during the prewar period. The primary census carried out in 1975 was not published, and only an analytical report based on the census results was brought out in 1984. A national demographic survey was carried out in 1980-1981, but unfortunately the data were not processed (K.E.Vaidyanathan, Population Statistics of Somalia, 2007) 1.5 SOMALI'S FIRST SURVEY AFTER DECADES OF CHAOS AND ANARCHY According to Lee, 2007 Somalia is believed to be one of the fastest growing countries in Africa and the world. The last census was taken in 2014 by Somali Federal government with the help of UNDP; the result of the nationwide survey was published in 2014, this publication is the first in a series of reports to be produced. It highlights the population size, distribution by region, household sizes and provides a breakdown of the population by sex and age.
  • 6. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 6 Table: 1.1 1.5.1 SOMALI POPULATION DISTRIBUTION Population Number Percentage Estimated population 12,316,895 % Urban 5,216,392 42.4% Rural 2,806,787 22.8% Nomadic 3,186,965 25.9% IDPs 1,106,751 9.0% Sources: UNDP Survey, 2014 1.5.2 POPULATION AS GENDER The following table shows Somali population as a gender, the total population is 12,316,895, approximately fifty one percent are males while forty nine percent are females Table 1.2 Sources: UNDP Survey, 2014 The general survey estimated that the total population of Somalis was 12,316,895. An estimated 2,806,787 of Somalis were living in rural areas, and 5,216,392 (or about 42 percent of the total population) lived in urban areas. Around a quarter of the population 3,186,965 comprised nomads. Estimates from the UN‟s Refugee Agency, UNHCR, stated that there were 1,106,751 internally displaced persons in all the regions. Results of the survey show that men made up 51 percent around (6,244,765) of the total population, while 49 percent (6,072,130) of the population were women (United Nations Population Fund,, 2014). Gender Number Percentage Males 6,244,765 50.7 Females 6,072,130 49.3 Total 12,316,895 100
  • 7. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 7 Table 1.3 POPULATION ESTIMATES OF SOMALIA BY SEX (1995 - 2015) Sources: Population Statistics, UNDP/ UNDOS, 1997 The above table shows Somali's population distribution by combination of sexes, males and females between the years in 1995_2015, however there has been substantial increase in the number of population according to this survey nearly forty one percent increase in last year 2015 compared to 1995. Year Both sexes Males Females 1995 55200 29042 26158 1996 51315 29543 26772 1997 57559 30123 27436 1998 58928 30775 28153 1999 60399 31484 28915 2000 62915 32283 29732 2001 62670 33076 30594 2002 65563 34011 31552 2003 67495 34958 32536 2004 69461 35917 33544 2005 71420 36859 34561 2006 73696 37973 35723 2007 75861 39027 36834 2008 77972 40058 37914 2009 80047 41075 38972 2010 82132 42105 40027 2011 84252 43160 41092 2012 86480 44259 42221 2013 88792 45397 43395 2014 91170 46570 44600 2015 93602 47774 45828
  • 8. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 8 1.6 POPULATION SIZE AND DISTRIBUTION The following table shows population size and distribution by region, urban, rural, Nomads and even those who happen to live in IDPS, Internal Displaced Peoples. According to this survey 5,216,392 live in Urban, around 2,806,787 are Rural; nearly 3,186,965 are Nomads while about 1,106,751 individuals in IDPs. Figure: 1.1 Urban, Rural, Nomadic and IDPs population by region Source: UNHCR 2014 Region Urban Rural Nomads IDPs * Total Awdal 287,821 143,743 233,709 7,990 673,263 Woqooyi Galbeed 802,740 138,912 255,761 44,590 1,242,003 Togdheer 483,724 57,356 154,523 25,760 721,363 Sool 120,993 13,983 187,632 4,820 327,428 Sanaag 159,717 30,804 352,692 910 544,123 Bari 471,785 65,483 133,234 49,010 719,512 Nugaal 138,929 31,047 213,227 9,495 392,698 Mudug 381,493 79,752 185,736 70,882 717,863 Galgaduud 183,553 52,089 214,024 119,768 569,434 Hiraan 81,379 135,537 252,609 51,160 520,685 Middle Shabelle 114,348 249,326 100,402 51,960 516,036 Banadir 1,280,939 --------- ------------ 369,288 1,650,227 Lower Shabelle 215,752 723,682 159,815 102,970 1,202,219 Bay 93,046 463,330 195,986 39,820 792,182 Bakool 61,928 134,050 147,248 24,000 367,226 Gedo 109,142 177,742 144,793 76,728 508,405 Middle Juba 56,242 148,439 131,240 27,000 362,921 Lower Juba 172,861 161,512 124,334 30,600 489,307 All Regions 5,216,392 2,806,787 3,186,965 1,106,751 12,316,895
  • 9. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 9 COMPARING CONSUMER PROTECTION IN ASEAN AND SOMALIA 2.0 INTRODUCTION In Asia, consumer Protection has its deep roots in the rich soil of Indian civilization, which dates back to 3200 B.C. In ancient India, human values were respected and ethical practices were considered of great significance. Between 400 and 300 B.C., there was a director of trade whose principal responsibility was to supervise the market conditions (Prasad, N/A). 2.1 CONSUMER PROTECTION IN SOUTH EAST ASIA The organization of Southeast Asian Nations (ASEAN) was come to existence on 8th August 1967. The Members of this Association are Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. Association of South East Asian Nations Committee on Consumer Protection (ACCP) was established in 2007 to guide ASEAN‟s efforts in consumer protection. The ACCP‟s work is focused on building capacities at the regional and national levels and to offer direction on the development of policies, laws and institutions essential to strengthen consumer protection in the region (Association of Southeast Asian Nations, 2014). Consumers will more voluntarily and productively engage in the consumer credit marketplace if they can be somewhat certain they will be treated logically and fairly by lenders, principally if they default on loan repayments. Laws and policy that can improve buyer confidence in the marketplace include those protecting them against cruel, irrational, unfair and sometimes criminal practices (ASEAN, 2014) 2.2 CONSUMER PROTECTION IN EAST AFRICA In East Africa, Kenya introduced draft consumer protection regulations code, 2013, The Consumer Protection Act (CPA-2012) provides for the safeguarding of the consumer, prevents unfair business practices in consumer transactions and for matters connected and incidental thereto. The law was assented to on December 13, 2012 and operational zed by then Trade Minister on March 14, 2013. In our neighboring country Ethiopia, There has been no integrated and separate consumer protection law until the 16th of August 2010, apart from the repeal Trade Practices Proclamation N0 329/2003 which had a partial protection for consumers and the COMESA Treaty for Competition Regulation that ratified by Ethiopia government in 2004 which has coverage for consumers‟ protection in cross-border dealings and still is valid (Haile, Enforcement of
  • 10. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 10 consumer protection under the new regime of Ethiopia in the light of Eu and US laws and practices, 2014). In Asia, particular Association of South East Asian Nations Committee on Consumer Protection (ACCP) was established in 2007 to guide ASEAN‟s efforts in consumer protection, in Somalia there is no such body that protect the country's consumers, people are fit up the security . Somalia has been chaos and anarchy for the last quarter of century, all country's infrastructure, has collapsed, and there has been no economic development, so we can't compare Somalia and Association of South East Asian nations politically, socially and economically. REVIEWING THE LITERATURE 3.0 Introduction In this section we are going to highlight the literature regarding to consumer rights, consumer protection, and consumer empowerment, origin of consumer protection in America, Asia and Europe, and Africa particular in east Africa and also consumerism in Africa. 3.1 CONSUMER RIGHTS AND THE LITERATURE In the literature, studies and records on public awareness about essential consumer rights are inadequate. Two unpublished articles on consumerism were written by Ibarra in 1987 and in 1998. One relates to an inter industry analysis on the awareness of three manufacturing companies on the seven fundamental consumer rights and another study compares awareness of pharmaceutical companies in Belgium and in the Philippines to the essential rights of consumers (Ibarra, 2014). Consumer studies carried out by firms have an objective of discovering consumer requirements and these, in turn, have encouraged more and not less consumer empowerments when these firms improve their provisions as a result of such studies (Len Tiu Wright, 2006). Wilson (2008) argues that consumers have the right not only to expect safety from harmful products and services purchased in the marketplace, mainly if used properly for their planned purpose but also the right to be protected from the sale and distribution of unsafe goods and services. Due to the limited availability of literature explicitly relating to consumer, the strength of evidence varies depending on the relationship assessed. There is evidence of the strategic importance of providing aesthetic enhancements for Consumers during their shopping experiences, supporting previous researches (Booms and
  • 11. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 11 Bitner, 1981; and Zeithaml et al. (1985) about consumer desire to search out tangible clues to aid service evaluation (Shostack, 1977). The literature also notes that the behavior (preferences) of consumers and their associated rationality is highly uncertain and fragmented, such that other factors may restrict consumers‟ ability to make well-informed and confident purchasing decisions. These issues were highlighted in a number of case studies relating to Australia, New Zealand and the European Union (EU). Dumalagan (2004) highlighted that all consumers are entitled to a healthy surroundings and should be protected from the destructive effects of air, earth, and water pollution that could affect the performance of daily marketplace business. The literature also notes that the conduct of consumers and their allied rationality is highly doubtful and fragmented, such that other factors may control consumers‟ capacity to make well- informed and confident purchasing decisions. These concerns were highlighted in a number of case studies concerning to Australia, New Zealand and the European Union. As Harland (1990) affirms, the capability of products and services to cause severe injury or death has greatly increased because consumers are often faced with insufficient information to assess whether these goods and services conform to basic safety requirements. Since the beginning of trading 10,000 years ago consumer safety has been a difficulty, though the explosive growth in cyberspace has led to some new problems and challenges for consumer protection (Jawahitha, 2004). ''Consumer rights gained importance in the world at the advent of the 20th century. The rights of consumers got international recognition when in 1985 the UN promulgated the basic guidelines regarding consumer rights protection'' (Revilla, 2014,). ''The UN guidelines said that “all citizens, regardless of their incomes or social standing, have basic rights as consumers” (Subedi, 2007). The modern era is marked as the age of consumers. No nation can intentionally ignore the interest of its consumers. This can be arguing on the origin of fast ratification of consumer safety laws in nearly all part of the planet (SAHOO, 2011). Most recently consumers have more rights in terms of selection of commodities and services than few decades ago, especially in the northern hemisphere and western democracies even if the related risk that connected with the named goods and services have shown an expansion (Haile, N/A).
  • 12. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 12 CONSUMER RIGHTS, CONSUMER PROTECTION, CONSUMER EMPOWERMENT 3.2 The origin of consumer protection Since the beginning of trading 10,000 years ago consumer safety has been a difficulty, though the explosive growth in cyberspace has led to some new problems and challenges for consumer protection (Jawahitha, 2004). Since the Middle Ages “Consumer protection” has been around; the original forms of consumer protection were considered to discourage fake trading practices and to guard the consumers from danger. “Consumer protection” as highlighted by Britain's Office of Fair Trade for offline commercial activities, includes basic legal rights that a consumer will have when he purchases or hires commodities or services. Accordingly, there are three basic legal rights accorded to consumers (Jawahitha, 2004). 3.3 CONSUMER PROTECTION IN MIDDLE AGES Consumer protection” has been around since the Middle Ages; the earliest form of consumer protection were designed to depress fraudulent trading practices and to protect the consumers from danger. Since the Middle Ages the consumer protection has been existed, however the earliest type of consumer protection were planned to depress fake trading practices and to protect the consumers from hazards (Sarabdeen Jawahitha, 2004) . ''Consumer rights gained importance in the world at the advent of the 20th century. The rights of consumers got international recognition when in 1985 the UN promulgated the basic guidelines regarding consumer rights protection'' (Revilla, 2014,) ''The UN guidelines said that “all citizens, regardless of their incomes or social standing, have basic rights as consumers” (Subedi, 2007). The modern era is marked as the age of consumers. No nation can intentionally ignore the interest of its consumers. This can be arguing on the origin of fast ratification of consumer safety laws in nearly all part of the planet (SAHOO, 2011). In America, Consumer protection history in the United States relates to the story of precise formal legal responses to crises and emergencies that make great public outrage and need a public response. This pattern began against the background of the 19th century common law, which emphasized free will of contract and caveat emptor means let the buyer beware (Spencer Weber Waller, 2012).
  • 13. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 13 3.4 EUROPEAN UNION CONSUMER PROTECTION The Objectives of European consumer policy is to make the European Union (EU) a tangible certainty for five hundred million citizens by pledging their rights as consumers. That means protecting consumers from serious hazards and threats that they are not capable to tackle as persons, empowering them to make choices base on exact, clear and consistent information, enhancing their wellbeing and efficiently defending their safety as well as their economic interests. According to the Treaty on the Functioning of the European Union (TFEU), consumer protection issues are a shared competence of the EU and Member States (Valant, 2015) Article 169 Treaty on the Functioning of the European Union defines specific objectives of the European Union Consumer policy. In Asia, consumer Protection has its deep roots in the rich soil of Indian civilization, which dates back to 3200 B.C. In ancient India, human values were respected and ethical practices were considered of great significance. Between 400 and 300 B.C., there was a director of trade whose principal responsibility was to supervise the market conditions (Prasad, N/A). The Indian legal system experienced a revolution with the performance of the Consumer Protection Act of 1986, which was particularly intended to protect consumer interests. The CPA was passed with stated objectives. It is intended to provide justice which is “less formal, less paper work, less delay and less expense”. In Africa, The Republic of South Africa put in place consumer protect act, Act no 68, 2008 designed to promotes a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices, to promote responsible consumer behavior, to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements, to establish the National Consumer Commission (REPUBLIC OF SOUTH AFRICA, 2008). South African consumer rights act, section C affirms that Consumer‟s right to select suppliers, Expiry and renewal of fixed-term agreements, Pre-authorization of repair or maintenance service, Consumer‟s right to cooling-off period after direct marketing, Consumer‟s right to cancel advance reservation, booking or order, Consumer‟s right to choose or examine goods, Consumer‟s rights with respect to delivery of goods or supply of service, Consumer‟s right to return goods and Unsolicited goods or services.
  • 14. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 14 While part C of this code confirms that consumers has the Right to disclosure of information, Right to information in plain and understandable language, Disclosure of price of goods or services, Product labeling and trade descriptions, Disclosure of reconditioned or grey market goods, Sales records, Disclosure by intermediaries, Identification of deliverers, installers and others. In East Africa, Kenya introduced draft consumer protection regulations code, 2013, The Consumer Protection Act (CPA-2012) provides for the safeguarding of the consumer, prevents unfair business practices in consumer transactions and for matters connected and incidental thereto. The law was assented to on December 13, 2012 and operational zed by then Trade Minister on March 14, 2013. The Consumer Protection Act covers various consumer interest areas including: consumer rights, unfair business practices, rights and obligations respecting specific consumer agreements, sectors where advance fee is prohibited, repairs to motor vehicles and other goods, credit agreements, leasing, procedures for consumer remedies and consumer protection advisory committee (Consumers Federation of Kenya, 2014). The code provides Consumers' Basic Rights as 1) Safeguard of life, health and safety against risks caused by practices in the supply of products and services considered hazardous or harmful. 2) Education and communication as to the proper use of products and services, 3) Appropriate and clear information about the different products and services 4) protection against misleading, deceptive, explicit and abusive advertising in public places 5) Effective prevention against and redress for individual, collective or diffuse material and moral damages. 6) Access to the jurisdictional and administrative bodies regarding the prevention or Redress for individual, collective or diffuse material or moral damages, being ensured legal, administrative and technical protection to the low-income consumer. In our neighboring country Ethiopia, There has been no integrated and separate consumer protection law until the 16th of August 2010, apart from the repeal Trade Practices Proclamation N0 329/2003 which had a partial protection for consumers and the COMESA Treaty for Competition Regulation that ratified by Ethiopia government in 2004 which has coverage for consumers‟ protection in cross-border dealings and still is valid (Haile, Enforcement of
  • 15. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 15 consumer protection under the new regime of Ethiopia in the light of Eu and US laws and practices, 2014). Most African countries write their constitution for the protection and the safeguarding consumer rights, and so does Somalia, For instance the Civil Code of Ethiopia has incorporated, in the chapter dealing with contacts of Sales, the Seller‟s obligation to provide warranty against defects and non-conformity correlated With the buyer‟s right to demand remedy for the damage resulting from breach of such warranty (Arts.2287-2300). According to Section 6 Somali criminal code (1962), crimes endangering public safety, article: 335 denote that whoever pollutes water or any other substance shall be punished with imprisonment for not less than fifteen years Provisional Constitution of Somalia Federal Government that was adopted in August 1, 2012 affirms the rights of the Somalia citizens in many aspects, the following articles denote. Article 10: Human Dignity (1) Human dignity is given by God to every human being, and this is the basis for all human rights. (2Human dignity is inviolable and must be protected by all. (3) State power must not be exercised in a manner that violates human dignity. Article 27: Economic and Social Rights (1) Every person has the right to clean potable water. (2) Every person has the right to healthcare, and no one may be denied emergency healthcare for any reason, including lack of economic capability. (3) Every person has the right to full social security. (4) Every person has the right to protect, pursue, and achieve the fulfillment of the rights recognized in this Article, in accordance with the law, and without interference from the state or any other party. (5) It shall be ensured that woman, the aged, the disabled and minorities who have long suffered discrimination get the necessary support to realize their socio-economic rights.
  • 16. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 16 3.5 MEANING, CONCEPTS, THEORY, AND DEFINATIONS OF CONSUMER, CONSUMER PROTECTION AND CONSUMER EMPOWERMENT The word consumer is easy to understand and the literal meaning is "one who consumes" but as against a customer in the market place, a consumer has a wider and broader meaning. In conventional theory the consumer is considered to be knowledgeable about costs, price and quality of commodities. 3.6 DEFINING CONSUMER, WHO IS CONSUMER? “Consumer” as defined in the Malaysian Consumer Protection Act 1999 means that a person who acquires or uses goods or services of a kind originally acquired for personal, domestic or household purpose, use or consumption; and not for the purpose of trading, or manufacturing consumption (Jawahitha, Consumer Protection in E-Commerce:Analyzing the Statutes in Malaysia, 2004). Malaysian consumer Act 1999, “Consumer” as defined in the Malaysian Consumer Protection Act 1999 means a person who acquires or uses goods or services of a kind originally acquired for personal, domestic or household purpose, use or consumption; and not for the purpose of trading, or manufacturing consumption. (Jawahitha, 2004). According to South African consumer act: A consumer is a person to whom goods or services are marketed, who has entered into transactions with suppliers, users of particular goods or recipients/beneficiaries of services. Consumer can be defined as, an individual who purchases and uses Products and services in contrast to manufacturers who produce the goods or services and wholesalers or retailers who distribute and sell them. The consumer Protection Act, 1978 of Finland, defines consumer' as "a person who acquires consumer goods or services primarily for his personal use or for use in his private household." Cambridge Advanced Learner's dictionary defines consumer as "a person who buys goods or services for their own use''. Longman Dictionary of Contemporary English defines "Someone who buys and uses products and services According to Al-Jeraisy, 2008, The term consumer refers to two types of consumers as final and Organizational consumers, Final consumers are those who buys goods and services for his or her
  • 17. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 17 own use, for the use of the household, or as a gift for a friend Organizational consumers relates to commercial, industry, agricultural firms, Government agencies and non-for profit institution 3.7TYPES OF CONSUMERS The term consumer behavior describes two different kinds of consuming entities: 1) Personal consumer and 2) Organizational consumer. The personal consumer buys goods and services for his or her own use, for the use of the household, or as a gift for a friend. In each of these contexts, the products are bought for final use by individuals, who are referred to as end users or ultimate consumers. The organizational consumer –includes profit and not-for-profit businesses, government agencies (local, state, and Federal), and institutions (such as schools, hospital, and prisons), all of which must buy products, equipment, and service in order to run their organizations (Bello, 2008) 3.8 CUSTOMERS AND CONSUMERS The term “customer” it typically used to refer to someone who frequently buys from a particular store or company. The term “Consumer” more usually refers to any person engaging in any of the activities used in our definition consumer behavior. Therefore, a customer is defined in terms of specific firm while a consumer is not. The traditional viewpoint has been to define consumers strictly in terms of economic goods and services. This position holds that consumers are potential purchasers of products and services offered for sale. A consumer in relation to any goods means any person who might wish to be supplied with the goods for his own private use or consumption. Consumption can be defined as the process of purchasing and using product, then disposing of the reminder (Al-Jeraisy, 2008) Basic components of Consumption I. Purchasing II. Usage III. Disposal IV. Inability of the reminder to satisfy other needs
  • 18. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 18 3.9 CONSUMER KNOWLEDGE According to National Foundation for Credit Counseling, 2005, Consumer education covers a range of activities including  To understand their rights and responsibilities.  To think about the choices they face as consumers.  To learn about consumer legislation and regulation.  To become better buyers.  To take appropriate action to protect their rights. 3.10 BASIC CONSUMER RIGHTS What are the basic rights of the consumer? According to National Foundation for Credit Counseling, 2005 basic Consumer Rights,  The right to safety  The right to be heard  The right to be informed  The right to consumer education  The right to choose  The right to service 3.11 IS CONSUMER PROTECTION A RIGHT OR A POLICY? The United Nations Guidelines for Consumer Protection, adopted in 1985 and revised in 1999, propose a list of objectives described as „legitimate needs‟: right to be heard; right to information; right to safety; right to choose; right to consumer education; right to consumer redress; freedom to form consumer groups; promotion of sustainable consumption patterns; and promotion of economic interests of consumers (Consumers International, 2011) Accordingly Jawahitha 2004, there are three basic legal rights accorded to consumers: 1. The goods and services must be of satisfactory quality; 2. The goods and services must fit for their purposes; and 3. The goods and services must be as described Consumers' rights had got international recognition when in 1985 the UN promulgated the fundamental guidelines concerning consumer rights protection. '' The United Nations guidelines for consumer protection said that “all citizens, regardless of their incomes or social standing, have basic rights as consumers” (Subedi, 2007).
  • 19. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 19 The ability of consumers to have control of their own choices has been reported to be central to the experience of empowerment (Wathieu et al., 2002). The approach of consumers towards the global brands has long been the topic of many studies in the western nations. Yet they have not adequately studied Chinese consumers, in an academic way following a precise methodology, even if they may obtain greater significance (Guo, 2005 ). According to Malaysian Consumer act 1999, consumer” means a person who  Acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and  Does not acquire or use the goods or services, or hold him out as acquiring or using the goods or services, primarily for the purpose of  Resupplying them in trade  Consuming them in the course of a manufacturing process; or  In the case of goods, repairing or treating, in trade, other goods or fixtures on land; The consumers have many rights, so they should now and the businesses are required to address these rights when dealing with their consumers. According to Manila & Revilla 2014, consumers have eight consumer rights they are as follows: a) Right to basic needs b) Right to safety c) Right to information d) Right to choose e) Right to representation f) Right to redress g) Right to consumer education h) Right to healthy environment. A great deal of the literature on consumer empowerment focuses on consumers‟ efforts to recover control of their consumption processes from suppliers (Andrew Newman, 2006) 3.12 WHAT IS CONSUMER PROTECTION? There has been a series of discussions on the actual definition of the „consumer‟ that needs to be protected ( Akomolede and Oladele, 2006). However, a modern definition of the consumer, according to Akomolede and Oladele (2006:16) is any person who purchases or is supplied goods, or uses or consumes goods and services at the end of a chain of production” (Kamarudeen
  • 20. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 20 Babatunde Bello, 2012). “Consumer protection” as highlighted by the United Kingdom Office of Fair Trade for offline commercial activities, includes basic legal rights that a consumer will have when he buys or hires goods or services. Consumer protection represents today a key-concern for each modern economy, as it reflects its potential of providing well-being for citizens and of empowering them to act efficiently on the markets (Ene1, 2012) Throughout the process of globalization, the limitations among the markets of agricultural-food crops have moved out and industrial innovations have taken their place in food sector while an increase is experimental in the number of food-based diseases (Gunden, 2011). 4.0 CONSUMERISM, HISTORY, CONCEPT AND DEFINATION The origin s of contemporary consumerism lie in the 18t h century, before the 18t h century, several factor s held consumerism a t bay, first and foremost, the dominant value system of organized religion. During the time period spanning 1800 – 1920, a number of significant Events in the development of consumerism occurred. While the origins of mass consumerism we r e rooted in the early part Of the century, it was not until the post-World War II that consumer ism began to find a firm foothold in our culture (Emerald, 2004) Scholars have argued that consumerism in most Developing Countries, to which Nigeria belongs, is still at its infancy (Onah, 1979; Thorelli, 1981; Darley and Johnson, 1993; Ho, 2001), in spite of the prevalence of unwholesome marketing practices by business firms in general. Consumer protection has been around since the Middle Ages; the earliest forms of consumer protection were designed to discourage deceptive trading practices and to look after the consumers from danger (Jawahitha, 2004). 4.1 DEFINITION OF CONSUMERISM Consumerism has been defined as a social movement that seeks to increase the rights and powers of consumers (Kotler, 1972; Perreault and McCarthy, 2002) The term consumerism was first coined by businessmen in the middle of 1960's as they thought of the consumer movement as another "ism" like socialism and Communism, threatening capitalism. Longman Dictionary of Contemporary English defines' the idea or belief that the buying and selling of products is the most important or useful activity for an individual or a society.
  • 21. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 21 4.2 CONSUMERISM & GOVERNMENT The Government‟s main purpose for consumer guiding principle is to empower consumers to formulate wise decisions when purchasing goods and services. Empowered consumers require selection and by exercising it, inspire competition and innovation as well as high standards of consumer concern (BIS, Department for Business, innovation and skills, 2011) Empowerment depends on a reinforcement framework of competition and consumer act so that choices are offered reasonably. The regulation wishes to be properly enforced but it is essential that the law is not too rigid; otherwise it runs the risk of dampening competition. 4.3 WHAT IS CONSUMPTION? Neva Goodwin, Julie A. Nelson, Frank Ackerman and Thomas Weisskop( 2008), Consumption is the method by which commodities and services are, at last, put to absolute use by people. Consumption is at the conclusion of the line of economic activities that begins with an evaluation of obtainable resources and proceeds through production of goods and services and supply of goods and services among community and groups Consumption is the only end and principle of all production and the welfare of the producer ought to be attended to, barely so far as it may be necessary for promoting that of the consumer. [Adam Smith, The Wealth of Nations, 1937 Modern Library edition, p. 625]. 4.4 CONSUMER BEHAVIOR THEORY This research report used the theory of buyer behavior, this theory is developed by Howard 1969, and it's also called consumer decision-model, Theory of Buyer Behaviour‟ (or Howard and Sheth Model) (Howard ANDSheth 1969). It provides “a sophisticated integration of the various social, psychological and marketing influences on consumer choice into a coherent sequence of information processing” (Foxall 1990 p.10). 4.5 WHAT IS CONSUMER THEORY Consumer theory is the study of how people decide what to spend their money on given their preference and their budget constraints. Consumer theory shows how individuals make choices given their income and the price of goods and services and helps to understand how individuals test and income influence the demand curve. Source: Investopedia
  • 22. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 22 4.6 WHAT DOES CONSUMER THEORY ASSUMES? Consumer theory assumes that the consumer is rational; in Consumer theory consumers can choice different bundles of goods and services, this implies that his preference satisfies the following properties.  They are complete  They are reflexive  They are transitive  They are continuous They are complete means giving any set of possible bundles of goods, the consumer is always capable of deciding which one is preferable to other is and then making them in terms of preference, They are reflexive means any bundle is at least as good as itself They are continuous means that there are no big jumps in to the ranking of alternatives 4.7 EMPOWERING CONSUMERS, CONCEPT AND DEFINATION The concept of empowerment has been studied for years from the viewpoint of the employee. Mary Parker Follett enlightened the significance of people rather than manufacturing techniques and the importance of a common objective within the business (Rodríguez, 2014). In psychology the term empowerment is studied, among others, by Zimmerman (2000) who protected the continuation of three levels of empowerment: individual, organizational and community. More lately, empowerment has been studied from the approach of the consumer, where Denegri et al. (2006) separated it into three stages: the consumer sovereignty model, the cultural power model and the discursive power model (Rodríguez, Consumer Empowerment in the Internet Generation, 2014). Consumer power concept has also been utilized to highlight the nature and the basics of demand to give reason for the role of the consumer in marketing (Smith, 1987). Thanks to the new technologies, there has been a extraordinary increase of critic research in the analyses of consumer power (Rodríguez, 2014). Consumer empowerment contains two extensive elements which interact to create the conditions for consumers to thrive. Firstly, the resources consumers have at their disposal to make better choices.
  • 23. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 23 4.8 WHAT IS CONSUMER EMPOWERMENT? As mentioned earlier, customer empowerment is defined as a process involving interactive relationships between the service providers and their customers that build trust and strengthen customer confidence. 4.9 WHAT IS MEANT BY EMPOWERING CONSUMERS? Empowering consumers is a much used phrase, however, these represent individual elements of efforts to empower consumers and it is important to view them as parts of a wider concept. The literature suggests that consumer empowerment consists of two linked broad-based components with various strands sitting within each: The resources available to consumers to make informed choices; and the institutions and safeguards that support them in doing this The empowered consumer articulates preferences more clearly, allowing businesses to better understand the products required and better able to compete by differentiating themselves in the market. This leads to better offers, which results in increased consumer welfare because of better and cheaper products supplied more efficiently because of strengthened competition.” At the core of consumer empowerment is the idea that consumers should have the tools to secure the best outcomes for themselves. An empowered consumer should be confident, knowledgeable and feel protected, and therefore tends to make optimal decisions by understanding their own preferences, the choices available to them and their rights ( L. C. Panel 2013).
  • 24. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 24 4.10 SUMMARY ''Consumer rights gained importance in the world at the advent of the 20th century. The rights of consumers got international recognition when in 1985 the UN promulgated the basic guidelines regarding consumer rights protection'' (Revilla, 2014,).The modern era is marked as the age of consumers. No nation can intentionally ignore the interest of its consumers. This can be arguing on the origin of fast ratification of consumer safety laws in nearly all part of the planet (SAHOO, 2011). In America, Consumer protection history in the United States relates to the story of precise formal legal responses to crises and emergencies that make great public outrage and need a public response. This pattern began against the background of the 19th century common law, which emphasized free will of contract and caveat emptor means let the buyer beware (Spencer Weber Waller, 2012). In Asia, consumer Protection has its deep roots in the rich soil of Indian civilization, which dates back to 3200 B.C. In ancient India, human values were respected and ethical practices were considered of great significance. Between 400 and 300 B.C., there was a director of trade whose principal responsibility was to supervise the market conditions (Prasad, N/A). In Africa, The Republic of South Africa put in place consumer protect act, Act no 68, 2008 designed to promotes a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices, to promote responsible consumer behavior, to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements, to establish the National Consumer Commission (REPUBLIC OF SOUTH AFRICA, 2008). In East Africa, Kenya introduced draft consumer protection regulations code, 2013, The Consumer Protection Act (CPA-2012) provides for the safeguarding of the consumer, prevents unfair business practices in consumer transactions and for matters connected and incidental thereto. The law was assented to on December 13, 2012 and operational zed by then Trade Minister on March 14, 2013.
  • 25. © 2016, Ali Jili'ow, Research Report on Consumer's level of awareness & rights Page 25 4.11 CONCLUSION Somali has been without central and well functioning government for the last two decades, it has undergone a major civil conflict throughout 1990-92 leading to the fall of the government led by President Siad Barre, and the consequent divide the country. Even though all Somalis belong to one religion and speak the same Somali language, the Somali people is separated into several clans and sub-clans and each sub-clan is sensitive about its financial interests and this is compounded by the vested interests of the clan and sub-clan leaders (K.E.Vaidyanathan, 1997).In the economy the Somalis are agro based, their economy depends on mainly for fishing, farming, business and livestock. Most African countries write their constitution for the protection and the safeguarding consumer rights, and so does Somalia, For instance the Civil Code of Ethiopia has incorporated, in the chapter dealing with contacts of Sales, the Seller‟s obligation to provide warranty against defects and non-conformity correlated With the buyer‟s right to demand remedy for the damage resulting from breach of such warranty (Arts.2287-2300). According to Section 6 Somali criminal code (1962), crimes endangering public safety, article: 335 denote that whoever pollutes water or any other substance shall be punished with imprisonment for not less than fifteen years Provisional Constitution of Somalia Federal Government that was adopted in August 1, 2012 affirms the rights of the Somalia citizens in many aspects By Comparing Consumer protection in Somalia and Association of Southeast Asian Nations Somalia has been chaos and anarchy for the last two decades, all country's infrastructure, has collapsed, and there hasn't been any economic development, so we can't compare politically, socially and economically for Association of South East Asian nations and Somalia. As far as consumer protection, consumer awareness and rights are concerned, to the best of my knowledge there is no consumer protection here in Mogadishu and apparently elsewhere in Somalia, even thought I made a number of contacts regarding these issues, the responses provided by the experts in legal systems and even human rights activists come to conclude negative, so authorities are expected to take prompt measures to form and implement consumer protection and consumer rights laws.
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