WORLD TRADE
ORGANIZATIONWT/MIN(99)/ST/116
2 December 1999
(99-5326)
MINISTERIAL CONFERENCE
Third Session
Seattle, 30 November - 3 December 1999Original:  English
KENYA
Statement by The Honourable Kipyator N.K. Biwott, Egh, MP,
Minister for Tourism, Trade and Industry
May I on behalf of the Kenyan delegation take this opportunity to thank the United States
Government for hosting this conference organized by the WTO Secretariat.
The implementation of the multilateral trading system faces daunting challenges;  among
which is the failure to accelerate the integration of developing countries – particularly the countries of
the African, Caribbean and Pacific Group – into this system.  Unless we integrate these countries fully
into the multilateral trading system, we cannot enjoy optimal economic and social justice.  Our
citizens need to see the benefits of the multilateral trading system in tangible ways – for example, interms of higher standards of living and employment generation.
This system should therefore work towards providing meaningful access to international
markets for export products of interest to developing countries.
We should use this occasion to assess the implementation process of WTO agreements, taking
into account the various problems and limitations encountered by developing economies like Kenyaand other African countries.  In this regard, the Member States of the Common Market for Eastern
and Southern Africa (COMESA), of which I am privileged to be the current Chairman of the Council
of Ministers supports the position taken by the African Members of the WTO.  Similarly, we associate
ourselves with the position taken by the just concluded ACP Summit in the Dominican Republic
regarding the continued preferential market access to the European Union market.
My delegation wishes to make the following brief observations regarding the implementation
of specific WTO agreements.
A. 
THE AGREEMENT ON AGRICULTURE
Market access for agricultural products from de veloping countries continues to be adversely
affected by the arbitrary implementation of tariff rate quotas and export subsidies as well as non-tariff
barriers.  Except as a special and differential provision for developing countries, Kenya recommends
the inclusion of specific disciplines regarding tari ff quota implementation and the complete abolition
of export subsidies and all other agricultural subsidies by the beginning of the year 2001.
WTO Member countries should consider the elimination of tariff escalation and reduction of
high tariff peaks on agricultural products.WT/MIN(99)/ST/116
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B. THE AGREEMENT ON SANITARY AND PHYTOSANITARY MEASURES
We in developing countries have experienced serious difficulties occasioned by instances of
arbitrary sanitary and phytosanitary requirements which have reduced our market access.  In this
regard, we propose a comprehensive review to take into account the numerous difficulties faced by
developing countries in the formulation and application of SPS measures.  We propose that thereshould be a consultative mechanism to vet the information of SPS measures.  We also propose a
transparent non-partisan arbitration system of dispute settlement with sufficient safeguards for
consumer protection.
C. 
THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE
Similarly, on environment, health, safety and technical regulations, the standards imposed by
developed countries are unnecessarily restrictive.  There is hardly any participation by developingcountries in the international standard setting institutions and arrangements.  We propose that such
standards and regulations should be decided upon through consultations of all interested parties.
Kenya, along with other African developing countries, requires access to modern science and
technology and related resources in order to effectively exercise our rightful position and share ofinternational markets.
D. 
THE AGREEMENT ON TEXTILES AND CLOTHING
We note the positive developments of including textiles and clothing products into the
GATT 1994 rules.
E. AGREEMENT ON TRADE -RELATED ASPECTS OF INTERNATIONAL PROPERTY RIGHTS
We support the mandate of the TRIPS Council to review the substantive provisions of
Article 27.3(B) which should precede the implementation review.  We also subscribe to the African
Group position as contained in document WT/GC/W/ 302 of 6 August 1999 which was circulated to
all Members.
In particular, we propose that Article 66.2 of the TRIPS Agreement should substantially be
reviewed to allow the effective transfer of mode rn technology not only to LDCs but also to other
developing countries.  The extent of such a transfer must be monitored both qualitatively and
quantitatively in order to ensure its cumulative success over time.
F. TRADE IN SERVICES
In the area of services, the balanced concessions promised to developing countries as equal
partners in the multilateral trading system have so fa r not been achieved.  For example, barriers to the
movement of natural persons should be removed.  This issue should be given equal treatment to that
given to liberalisation of other factors of production such as movement of capital.
G. SPECIAL AND DIFFERENTIAL TREATMENT
Developed countries should commit themselves to legally binding and enforceable
commitments on special and differential treatment.  Their implementation should be subject to
mandatory monitoring on the basis of their contribution to poverty reduction objectives, and theintegration of developing countries into the World Trading System. The use of these provisions
should focus on building the necessary legal infrastructure as well as institutional and human capacity.
In addition, they should focus on broadening the practical application of science and technologyWT/MIN(99)/ST/116
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including the use of information technology.  The gap between Africa and the rest of the world must
be closed.
As you are aware, there are those countries in  Africa which, though not LDCs, are poorer than
developing countries from the other regions of the world.  In the meantime, these countries aremembers of regional groupings consisting of Me mber States the majority of which are LDCs.
However, as you are aware, these categories of countries do not benefit from the current debt
relief arrangements, external aid and special market access provisions.  Kenya believes that requisite
support and provisions for necessary financial resources need to be put in place to cater for enhanced
growth and development of these countries as they graduate to the next stage of development.
It is also extremely important that regi onal and sub-regional bodies including COMESA,
EAC, IGAD, are adequately supported as regional economic blocs.
In this vein, I call upon this Conference to urge the various WTO bodies to expeditiously
recognize and accord observer status to the existing regional integration arrangements among themCOMESA and the East African Community to enable them to follow developments and decisions at
the multilateral level more closely and ensure that programmes and policies that they devise and adopt
at the regional level are coherent and consistent with those of WTO and that act as effective fora in
providing technical assistance.
H. 
NEW ISSUES
Concerning the new issues, I wish to observe that Kenya, like most other developing
countries, is today overburdened and still grappling with the effects of the implementation of the
outcome of the Uruguay Round.
We do of course appreciate the importance of these issues in deepening and facilitating trade
and development.  Indeed, we are already implementing reforms at the national level to address
transparency in government procurement;  have put in place legislation on competition and are in the
process of debating an environmental bill and an investment code.  On the latter, we believe that
investment concerns should be dealt with under the current TRIMs Agreement.
We, therefore, advise that all new issues be addressed after the respective working parties
have completed their work and submitted their final recommendations.  Priority should, therefore, be
given to addressing substantive reviews and obstacles in implementation.
I. NEW ROUND OF TRADE NEGOTIATION
Regarding the new round of Trade Negotiations, we have a number of working groups which
have not finished their work on most of the issues that have been floated for inclusion in the Round.
The position of my delegation is that before we start a New Round, we should finish the work
in the built-in agenda and also allow the Working Groups and parties to finalize their work.
J. CONCLUSION
Trade remains the key element in sustaining and spreading the benefits of liberalization,
interdependence and globalization.  Our duty is to improve the equity and fairness of the multilateral
trading regime in order to secure a meaningful integration of developing and least developed
countries.WT/MIN(99)/ST/116
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In this connection, Kenya would like to register her appreciation and sincere thanks to WTO,
UNCTAD, ITC and donor countries that have provided Kenya with trade-related technical assistance
in implementing the WTO agreements.
Nonetheless, because of the broad scope of issues involved in implementation, we are still
facing administrative, technical, legal and financial difficulties.  We, therefore, request for a
substantial increase of assistance in this regard.
We welcome the establishment of the Advisory Centre on WTO Law which we recognize as
an important and positive step towards enabling developing countries access and benefit from the
Dispute Settlement Understanding.
While US demonstrators went out in support of  job protection, we left Kenyan farmers on the
streets demanding improved market access for their agricultural produce with the WTO arrangements.
In this regard, it is our sincere hope that a positive balance will be struck to take on board our
various interests and concerns during our negotiations.
In conclusion, I wish to thank the Seattle organizing committee for hosting the Conference in
this beautiful city.
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