WORLD TRADE
ORGANIZATIONWT/L/430
9 November 2001
(01-5574)
Original:  English
ACP DECLARATION ON THE FOURTH MINISTERIAL CONFERENCE
Brussels, 5 to 6 November 2001
Communication from Kenya
The following communication, dated 8 November 2001, has been received from the Embassy
of Kenya, Brussels, with the request that it be circulated to Members.
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We, the Ministers responsible for trade matters from the African, Caribbean and Pacific
Group of States, meeting in Brussels, Belgium from 5 – 6 November 2001 to, inter alia , prepare for
the Fourth Ministerial Conference of the World Trade Organization (WTO);
Having  examined the draft WTO Ministerial Texts comprising the Draft Ministerial
Declaration; the Draft Decision on Implementation Related Issues and Concerns; the Draft
Declaration on Intellectual Property and Public Health; the Compilation of Outstanding
Implementation Issues Raised by Developing Country Members; as well as the Proposed Procedures
for Extensions Under Article 27.4 of the Agreement on Subsidies and Countervailing Measures for
Certain Developing Country Members;
Having  considered the outcomes of relevant meetings convened by various ACP regions and
other developing country regions and interest groups and in particular the Ministerial Declaration of
the 4th OAU/AEC meeting of Ministers of Trade held in Abuja, Nigeria, and the Zanzibar Declaration
of LDC Trade Ministers;
Having  considered  Resolution AAP/3315/Comp on WTO negotiations adopted on
1 November 2001 by the 3rd Session of the ACP-EU Joint Parliamentary Assembly;
Having  considered Resolution APP/3201/A/fin on the impact of sanctions and, in particular,
of embargoes on the people of the countries on which such measures are imposed, also adopted on
1 November, 2001, by the 3rd Session of the ACP-EU Joint Parliamentary Assembly;
Recalling  the relevant sections of the Declaration of the Third meeting of ACP Ministers of
Trade held in December 2000;
Concerned about  the inordinate delay in the granting of the WTO waiver request for the
ACP-EC Cotonou Partnership Agreement;
Whereas  the key challenge confronting the internat ional community is the marginalization of
many developing countries in the global economy, particularly those in the ACP;WT/L/430
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Whereas  the WTO was established to, inter alia , ensure that developing countries, and
particularly the least developed among them, secure a share in international trade commensurate with
the needs of their economic development;
Whereas  an equitable and strengthened rules-based system that provides enhanced certainty
and security is essential to achieve this;
Whereas  the Uruguay Round Agreements resulted in disciplines that are extensive and with
far reaching implications for national economic and trade policies of members;
Whereas  the Uruguay Round Agreements are imbalanced and embody deficiencies that have
had an adverse impact on trade and development interests of the ACP and other developing countries;
Whereas  the implementation of these Agreements requires institutional, human,
administrative and financial capacities currently lacking in many ACP countries;
Aware  that ACP States and other developing countries have a definite interest in reforming
the multilateral trading system in a manner that promotes and responds to their development needs;
Asserting  that the multilateral trading system must address decisively and adequately
development issues in order to enhance its legitimacy and create a basis for a new equitable global
economic order for the benefit of all WTO members;
Considering  the importance and urgency of integrating ACP States into the multilateral
trading system and, in that regard, that development issues should be at the core of any future work
programme of the WTO;
Considering  the need to examine the relationship between trade, debt and finance and transfer
of technology, given their importance to the development of ACP States;
Recognizing  the assistance provided by a number of organizations to ACP States to facilitate
their participation in the work of the WTO and realising the need for additional support;
Declare as follows:With regard to
The multilateral trading system
1. We reaffirm our commitment to the rules-based Multilateral Trading System (MTS) as an
instrument for the promotion of economic develo pment, facilitation of the integration of ACP
States into the global economy, and eradication of poverty.  In this context, we affirm the
importance of having flexibility in the rules and their application.
2. We emphasize that there is an urgent and fundamental need for developmental issues to be
put at the centre-stage of the WTO Work Programme in order to enhance the development
potential of ACP States.
3. We consider it important that any future WTO Work Programme should be based on a
development agenda and should take into account the capacities of ACP States to participate
effectively in any such Work Programme.  Any trade rules should fully take into account the
development needs of ACP States. Inclusion of any new issues will require a fuller
understanding of their development implications and agreement by all members.WT/L/430
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4. We call for increased financial and technical support to ACP States, in particular non-resident
States, to participate effectively in, and contribute meaningfully to, the work of the WTO.
5. We reiterate our call for the elimination of the continued use of coercive and unilateral
economic measures, against developing countries, which contravene international law andconstitute a violation of WTO rules.
Implementation Issues and Mandated Reviews
6. We recall the WTO General Council Decisions of 3 May 2000 and of 15 December 2000,
reaffirming that the General Council shall address and resolve all the outstanding
implementation-related issues and concerns no later than the Fourth Session of the MinisterialConference. We therefore call on firm decisions to be taken on the outstanding
implementation issues at the Doha Ministerial Co nference.  In the event that all outstanding
issues are not resolved, we urge that any remaining implementation issues be addressed as a
matter of priority, in the post-Doha Work Programme, with a view to resolving them no later
than the end of 2002.
7. We call upon WTO members to grant an extension for the use of export incentives until 2018
by developing ACP countries, in order to preser ve their fiscal incentives to export-oriented
manufacturing and complete their on-going export diversification.
8. We urge the full operationalisation of the Decision on Measures Concerning the Possible
Negative Effects of the Reform Programme on LDCs and Net Food Importing Developing
Countries (NFIDCs).
9. We affirm that within the framework of the Agreement on Agriculture, Article 9 and
Article 10 of the SPS Agreement and Article 11 and Article 12 of the TBT Agreement should
be made mandatory.
Special and differential treatment
10. We reaffirm that Special and Differential (S & D) treatment for developing countries is a core
principle of the WTO and thus should be incorporated into the architecture of future WTOagreements and rules. We further call on our developed country partners to commit
themselves to ensuring that S & D provisions are made meaningful, operational and
responsive to the developmental needs of developing countries by adopting a Decision at
Doha to make Special and Differential provisions legally binding and enforceable.
Trade Preferences
11. We reiterate that trade preferences have a crucial role in the development of ACP States.
Preferences must be meaningful, effective and binding and should not be subject to any
conditionalities not related to trade.  Any new preferences granted should not undermineexisting terms and conditions of access provided to ACP States.  Furthermore, ACP States
should be given assistance to make full use of and benefit from preferences, including
assistance to address supply side constraints and productive capacities.
WTO Waiver
12. We note with great concern the delay in the consideration and approval of the waiver request
for the ACP-EC Partnership Agreement. This inordinate delay is unprecedented and runs
counter to the trade and development interests of the ACP States.  It also seriouslyWT/L/430
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undermines the confidence of the ACP States in the Multilateral Trading System.  In this
regard, we urge that the waiver be granted at the Doha Ministerial Conference.
Capacity building and technical assistance
13. We note that the ACP States continue to be constrained by limited financial, technical,
administrative and institutional capacities to understand and analyse the full implications of
WTO Agreements, adapt their national laws and fulfil their obligations as required and to take
full advantage of the multilateral trade agr eements in accordance with their national
objectives and priorities.
14. We call upon the WTO to increase technical assistance and capacity building activities,
including strengthening supply side capabilities, through programmes such as JITAP
extended to all ACP States, the Integrated Framework, and through effective cooperation with
relevant development institutions and organizations.
15. We affirm that technical assistance and capacity building are core functions of the WTO, and
call for increased, predictable and secure funding through the WTO’s regular budget and
other mechanisms, as appropriate.
16. We affirm that funding for technical assistance and capacity building, whatever its source,
should be demand-driven and not be accompanied by any conditionalities.
Least developed countries
17. We emphasize the urgency of the full implementation of the commitments on trade of the
Programme of Action adopted by the Third United Nations Conference on the LeastDeveloped Countries (LDC III), and call on WTO members to make the commitments
binding.  We take note of the initiatives for improved market access for products originating
from LDCs.  These initiatives can be improved by having realistic and simplified rules of
origin which match the industrial capacity of LDCs.  It is also important to address adequately
their supply side constraints.  The Integrated  Framework has the potential to deliver trade
related technical assistance.  We urge that it be enhanced and expanded to the other LDCs.
 Small economies
18. We stress the need for the multilateral trading system to take account of the particular
problems and special needs of small, island and vulnerable developing economies. In this
regard, we call on WTO members to establish a work programme to address these problemsand special needs and recommend that positive and concrete measures be adopted by the
WTO General Council before the end of 2002.
Accession
19. In view of the difficulties experienced by a number of ACP States - most of which are LDCs,
small and island economies - in their accession to the WTO, we call on WTO Members to
refrain from placing excessive or onerous demands on such applications, and to exempt them
from undertaking commitments which are inconsistent with their development needs and
capacities.  We also urge that negotiations for accession be expedited, streamlined, mademore transparent and that acceding countries be given an adequate transition period to adjust
to the challenges of the MTS; henceforth, we call for the provision of adequate financial and
technical assistance for them to accede speedily.WT/L/430
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Mandated negotiations
Agriculture
20. Given the conditions of agriculture in most ACP States, we affirm that Special and
Differential treatment shall be an integral part of all aspects of these negotiations.  We stress
the need for the 4th Ministerial Conference to take the necessary decisions for achieving the
fundamental reform of agriculture by redressing the inequitable nature of existing provisions
in the Agreement on Agriculture.  We emphasize the need for provisions which offer
developing countries adequate flexibility to develop their agriculture through inter alia , the
advancement of their non-trade concerns, namely, food security, sustainable rural
development, rural livelihoods and poverty alleviation. We recognise the proposals made bydeveloping countries on a “Development Box” to be an important element of such flexibility.
We call on WTO members to provide meaningful market access by, inter alia , addressing
export subsidies and domestic support, for all agricultural products originating from ACP
States, while preserving existing preferential arrangements. The negotiations shall address the
concerns of LDCs, Small Island Developing States (SIDS) and small economies as well assingle commodity producers.
Services
21. We emphasize the need for effective implementation of GATS provisions on improving
market access in sectors and modes of export interest to ACP countries. In this regard, we
emphasize the need for effective implementation of GATS Articles IV and XIX. 2,
concerning liberalization of market access in sectors and modes of supply of export interest to
developing and least developed countries; and the need for greater liberalization of Mode 4
(Movement of Natural Persons), especially by developed countries, through the elimination ofbarriers to market access. Furthermore we call for the provision of credit for autonomous
liberalisation in services sectors undertaken by ACP countries.
Singapore Issues
22. We recall the Singapore Ministerial Decision on Investment and Competition Policy, that: “it
is clearly understood that future negotiations, if any, regarding multilateral disciplines in theseareas, will take place only after an explicit consensus decision is taken among WTO members
regarding such negotiations”.
23. We affirm that ACP States are not prepared at this time to engage in negotiations on
Singapore issues.  We call for the continuation of the work of various working groups thathave been established to study the respective subjects, as set out below:
Trade and Investment
a) We are concerned that the relevance for the development of a multilateral investment
agreement in the WTO has neither been fully discussed nor understood. Thus we call
on the study process in this area to focus in particular, on the relationship between
trade and possible multilateral disciplines on investment before any rules in this area
are considered.
Trade and Competition Policy
b) We note that most ACP States do not have the necessary legal and administrative
infrastructure and pre-requisites to deal with competition policy. Furthermore, the
inter-relationship between competition and economic development is complex, andWT/L/430
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needs to be explored fully before we can consider agreeing to multilateral regulation
in this area.
Transparency in Government Procurement
c) We note that issues relating to Transparency in Government Procurement are
complex, and that many important issues are still not clarified. In view of the lack of
clarity of the implications of a multilateral framework on Transparency in
Government Procurement on the social and economic development of ACP States,
we urge the continuation of the study process.
Trade Facilitation
d) We hold the view that Trade Facilitation measures are necessary and beneficial to all
countries. In this context, on-going work within and outside the WTO (e.g. rules of
origin, customs valuation) should continue. Improved trade facilitation measures
should not constitute part of WTO disciplines, but remain the subject of domesticinitiatives.
Core Labour Standards
24. We reiterate the position taken at the First WTO Ministerial Conference in Singapore that
Core Labour Standards should remain under the purview of the ILO.
Trade and Environment
25. We support the on-going work-programme on th e interface between trade and environment.
We reaffirm our commitment to sustainable de velopment. While reaffirming our commitment
to implementing environmental standards as defined by the relevant international
conventions, we reiterate that issues such as environmental standards should not be
incorporated into the multilateral trading negotiations as these can be used for protectionist
purposes.
Electronic Commerce
26. We recognize the useful work being undertaken on electronic commerce at the WTO and
support the continuation of the educative and analytical process.
27. We further reaffirm our decision not to impose customs duties on electronic transmissions,
and to review this decision at the 5th Ministerial Conference.
Non-Agricultural Market Access
28. We stress that any decision to engage in industrial tariff negotiations should be on the basis of
prior completion of a study process, which should examine the effect of previous and any
future tariff reductions on the industries of ACP States. We call on UNCTAD, UNIDO and
other relevant agencies to continue their assistance and support to ACP States in this area.
Trade-Related Intellectual Property Rights (TRIPS) Agreement
29. We emphasize that the benefits of intellectual property regimes should be equitably shared
between the owners and users of technology.  Intellectual property protection should
encourage innovation and technol ogical development in a manner that is also conducive to
meet public and social policy objectives and transfer of technology to developing countries.WT/L/430
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30. We declare that the implementation of the TRIPs Agreement is part of the wider national and
international action to address the grave public health problems afflicting many developing
and least developed countries.  In this regard, we reaffirm that nothing in the TRIPs
Agreement shall prevent governments from taking measures for protecting public health andnutrition as well as to ensure access to affordable medicines.  We urge the WTO members to
so declare at the Doha Ministerial Conference.
31. We further reaffirm that members should develop mechanisms to allow for the disclosure of
the sources of traditional knowledge and genetic resources used in inventions in order to
achieve a fair and equitable sharing of benefits.  The TRIPs Agreement should be supportive
of, and not run counter to, the objectives of the CBD.
32. We urge that the review of the TRIPs Agreement should clarify that all living organisms
including plants, animals, and part of plants and animals, including gene sequencing and
biological and other natural processes for the production of plants and animals and their parts
shall not be patented.
33. We further urge developed countries to put into effect meaningful incentives for their
enterprises to transfer technology in accordance with their commitments under Article 66.2 of
the TRIPs Agreement, which is mandatory.
Regional Trade Arrangements
34. We recognize that regional trade arrangements can be complementary to the multilateral
trading system.  We therefore stress that regional trade arrangements among developed
countries should not discriminate against the interests of developing countries.
35. We reiterate that regional and sub-regional integration among developing countries is
essential to reversing the process of marginaliz ation and constitutes a dynamic basis for their
effective integration into the Multilateral Trading System. We further reiterate that
multilateral rules should provide adequate flexib ility to enable the ACP States to advance
their interests when concluding WTO comp atible trading arrangements with the
European Union or any country or group of countries.
Trade, Debt and Finance; Trade and Transfer of Technology
36. We support the establishment of a mechanism that will contribute to a durable solution to the
problem of external indebtedness of developing and least developed countries.  We furthersupport measures that will facilitate the transfer of technology to these countries.  In this
regard, we support the proposed establishment of working groups in the WTO to address
these issues, with a view to formulating recommendations to the 5
th WTO Ministerial
Conference.
Observer status
37. We reiterate the need for the WTO to grant Permanent Observer Status to the ACP Group of
States and other ACP related inter-governmental and regional organizations.
Decision making process
38. We recognize the critical importance of a transparent, democratic, inclusive and consultative
decision-making process in the WTO.  We underscore the importance of taking decisions by
consensus. This is vital to creating confidence in the Organization and in the MultilateralWT/L/430
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Trading System.  In this regard, we urge the adoption of a decision at the 4th WTO Ministerial
Conference to guarantee that the process of consultation and decision-making in the WTO is
transparent and inclusive, and that procedures are clearly spelt out.  We call for measures to
be taken to facilitate the involvement of members whose missions are not resident in Geneva.
A report on these matters should be submitted to the 5th WTO Ministerial Conference.
39. We emphasize that the decision-making process at the WTO Ministerial Conference in Doha
should also be transparent and inclusive.
40. We declare that the post-Doha WTO Work Programme should be conducted within the
existing structure of the WTO bodies.
Coherence in global economic governance
41. We call for a meaningful implementation of the “Declaration on the Contribution of the
World Trade Organization to Achieving Greater Coherence in Global Economic
Policymaking”.  It is important to enhance coherence amongst the Bretton Woods institutionsand the WTO with a view to promoting, without cross-conditionality or additional conditions,
consistent and mutually supportive policies, that will contribute to improved co-ordination of
technical and financial assistance, reduction of the debt burden, including cancellation,
recognition of autonomous liberalization and eradication of poverty.
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