Consumers International is lobbying for the amendment of the United Nations Guidelines for Consumer Protection to include Access to Knowledge principles, in order to help rebalance global copyright norms through an international instrument. The campaign was officially launched at the Internet Governance Forum in 2010, to coincide with the 25thanniversary of the UN Guidelines for Consumer Protection. For more details, read on:
About the Guidelines
The UN Guidelines for Consumer Protection were approved by the UN General Assembly in 1985, establishing a baseline standard for consumer protection and acknowledging that “consumers in all countries, particularly those in developing countries … should have the right of access to non-hazardous products … as well as the right to promote just, equitable and sustainable economic and social development”. From 1995 to 1999, Consumers International led a successful campaign to have the Guidelines revised, to include sustainable development principles. We now aim to have them revised again to include A2K principles (such as limiting the abuse of intellectual property rights through technology or contractual terms). This would provide an international soft law instrument that consumers can use to advocate for laws and corporate practices that promote access to knowledge.
Why we plan to add A2K principles
There have been various proposals for the rebalancing of global copyright norms at an international level, such as through an A2K treaty, draft text for which was developed during 2005. However these endeavours have stumbled when faced with the seemingly insurmountable difficulty of negotiating a pro-A2K legal instrument at an international level in forums dominated by large developed economies such as the US, EU and Japan. The inclusion of A2K principles in the UN Consumer Protection Guidelines would side-step these difficulties – it is a soft law instrument (but has been a very influential one, adopted by a number countries in their national law), and it would be negotiated in the General Assembly, where the power of developed economies has been neutralised compared to venues such as WIPO and the WTO.
What is involved
Proposed amendments to the Guidelines have been drafted in consultation with our members and A2K scholars and activists, drawing on CI's own work, as well as external research. Drafting was principally conducted online, but also with one face-to-face meeting in May 2011. A bibliography has been prepared for this purpose. These draft amendments were released for broader public comment between June and August 2011. We are now seeking the support of a government sponsor to introduce the proposed amendments to the UN through the United Nations Conference on Trade and Development (UNCTAD). The final step and main thrust of the campaign will be to lobby for the adoption of the amended Guidelines by the United Nations General Assembly, through advocacy activities conducted in CI member countries and at regional and international meetings of the United Nations itself.
How you can participate
You can:
- Participate on this WSIS Knowledge Communities site.
- Join our online working group of A2K and consumer law experts, which was tasked with preparing the initial draft and remains active as a discussion group.
- Publicise the proposed amendments as widely as you can.
Please also feel free to contact us for more details of upcoming campaigns and activities.
Last updated 162 days ago by Jeremy Malcolm
