Case Studies
Strengthening Competition Policy, Legislation, and Institutions in Kiribati
To support the Government of Kiribati’s 20-year vision to become a wealthier, healthier, and more peaceful country, the Ministry of Commerce, Industry, and Cooperatives (MCIC) sought the Pacific Private Sector Development Initiative (PSDI) support to strengthen the capacity of its Consumer Protection Division. The division is mandated to implement and enforce Kiribati’s Consumer Protection Act, passed in 2001, which protects consumers from unfair trade, and sets standards for product performance and safety.
Typical cases dealt with by the division involve issues of product safety, expired goods, misleading advertisement, and unfair trading practices like scams. Such cases can have major impacts on the lives of I-Kiribati consumers, so their timely and effective resolution is a priority for MCIC, which is reflected in its PSDI-supported structured capacity-building program.
Following the delivery of an issues paper for the government in fiscal year 2019, PSDI carried out an initial capacity assessment for MCIC’s Consumer Protection Division to gauge its readiness to promote competition and consumer protection, and to explore future needs.
Working with a group of 10 investigative staff and their managers from across Kiribati, including the capital Tarawa and other islands such as Christmas Island (Kiritimati), in the first half of 2021 PSDI delivered a capacity-building program for eight participants (all women) in MCIC. The training was targeted at building staff capacity to carry out investigative work following complaints to MCIC. The program was delivered virtually because of participants’ busy work schedules, coronavirus disease (COVID-19)-related travel restrictions, and domestic travel challenges.
The virtual format enabled multiple presenters— with international expertise in law, economics, and investigations—to share their knowledge and answer participant questions. Sessions were interactive and practical, and included real-world case studies. Virtual delivery in weekly 1-hour sessions enabled officials from across Kiribati to participate, and also for investigators and managers to raise questions related to challenges in their current work. This also enabled PSDI to address pressing program needs.
Training feedback from participants was positive, with one participant stating “this capacity building strengthens our role to protect consumers from unfair trading,” and another participant offering that “overall the training topics are really relevant and suitable to our cases in our country.”
Respondents stated that the most relevant sessions were those involving practice interviews and investigation criteria reviews. One participant commented: “As a result of the investigation, you will get the best, (most) accurate information for the most consumers.” They expected to apply their new knowledge and skills—particularly when interviewing— through the use of an evidence template that was provided during the training to ensure the collection of sufficient, accurate information. One participant said: “The topic interview is very helpful and useful for me (as) there are some questionnaires shared that must (be) used while doing investigation.”
The training was considered important to build the staff’s technical capacity to field and address consumer complaints, and to gain a deeper understanding of the laws, procedures, and regulations at work. The participants found the training useful in understanding the staging of interviews, the collection of evidence, and the prosecution and management of cases.
In the future, participants hope to build further their understanding of the legislative background to their work, including gaps that may exist within legislation and regulations.
The program will leave participants—and other current and future members of the Consumer Protection Division—with a lasting legacy in the form of a codesigned consumer protection manual based on the materials, content, and case studies explored in each session. The manual will bring the materials and lessons together in the course, and include template documents for practical use, such as evidence records and exhibit notes.
As well as strengthening the capacity of Consumer Protection Division personnel and enhancing the division’s investigative and enforcement powers, PSDI is also working with the Government of Kiribati to review and reinvigorate the country’s competition and consumer protection framework. Desired outcomes include the promotion of competitive public procurement, pro-competitive decision-making, and competitive neutrality between state-owned enterprises and private sector businesses.
This case study is taken from the PSDI FY2021 Annual Progress Report. Read the full report here.