WORLD TRADE
ORGANIZATIONWT/L/423
18 October 2001
(01-5112)
Original:  English
ORGANIZATION OF AFRICAN UNITY/AFRICAN ECONOMIC COMMUNITY
FOURTH ORDINARY SESSION OF THE COMMITTEE ON TRADE,
CUSTOMS AND IMMIGRATION
19-23 SEPTEMBER, 2001, ABUJA, NIGERIA
Communication from Zimbabwe
The following communications, dated 23 September 2001, have been received from the
Permanent Mission of Zimbabwe, with the request that they be circulated to Members
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Abuja Ministerial Declaration on the Fourth
Ministerial Conference of the WTO
1. We, the Ministers of Trade of the Member States of the Organisation of African
Unity/African Economic Community (OAU/AEC) have met at the Fourth Ordinary Session of the
OAU/AEC Ministers of  Trade Committee on Trade, Customs and Immigration in Abuja, Nigeria,
from 22-23 September 2001, to inter alia  consider a number of issues of developmental importance to
Africa, including coordinating our positions towards the Fourth WTO Ministerial Meeting to be held
in Doha, Qatar, from 9 to 13 November 2001.
2. We reaffirm our commitment to the rules-ba sed multilateral trading system (MTS) as an
instrument for the promotion of economic development,  the facilitation of African integration into the
global economy, and the eradication of poverty. We further recognise the importance of the rules-
based MTS in managing globalization and reducing the scope for unilateral action.  A major challengefacing all WTO Members is to respond in a manner that supports Africa’s development and
integration into the MTS.
3. In this regard, we agree that there is an urgent need for developmental issues to be put at the
centre-stage at the WTO.  This will require improving real access to developed countries’ markets forproducts and services of export interest to African countries; addressing asymmetries in existing
Agreements; enhancing productive capacities, including facilitating the transfer of technology; and
improving technical co-operation and capacity building.  The objective should be the achievement of
global growth and development for all members, while decisively addressing the present inequities in
the MTS. In this context, we have adopted Africa’s negotiating objectives for the Fourth MinisterialConference of the WTO contained in the appended document.
4. We reaffirm that special and differential (S&D) treatment for developing countries is a core
principle of the WTO.  The rationale for S&D remains valid for developing countries in general, and
African countries in particular, given the structur al weaknesses in their economies and their declining
share of world trade.  We further affirm our commitment to ensuring that S&D provisions are made
meaningful and operational by adopting a Deci sion at Doha to make them legally binding.WT/L/423
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5. We further reaffirm that trade preferences have a crucial role in Africa’s economic
development.  Existing preferences must, therefore, remain meaningful, effective and must be
binding.  Any new preferences granted should not undermine existing terms and conditions of access.
Furthermore, Africa should be assisted to make full use of and benefit from enhanced preferences.
6. We urge developed country members of the WTO to fulfil their obligations and undertakings
with regard to capacity building and other technical assistance support to developing and least
developed countries in letter and spirit. In this respect, we have taken stock of the information
submitted to them by the ITC, UNCTAD and WTO and the pilot countries on Joint Integrated
Technical Assistance Programme for Selected Least Developed and Other African Countries
(JITAP), its implementation and achievements.  We express satisfaction at the results achieved and
recommend the consolidation and the extension of JITAP within the pilot countries to ensure the fullachievement of the objectives. We also call for the expansion of JITAP to other African countries.
7. It is vital that current and future work must enhance coherence amongst the Bretton Woods
institutions and the WTO, with a view to ensuring policy consistency, improved co-ordination on
technical and financial assistance, improving foreign direct investment (FDI) flows, reduction of the
debt burden and eradicating poverty.  To this end, we call for a more meaningful implementation of
the “Declaration on the Contribution of the World Trade Organisation to Achieving Greater
Coherence in Global Economic Policymaking”.
8. We call for support in the implementation of the New African Initiative and the World
Solidarity Fund. We note that the New African Initiative, which was formally endorsed by the Lusaka
Summit of the African Heads of State and Government and the Group of Seven (G7) Summit in
Genoa is an important initiative from Africa, which should be supported through technical and
financial assistance.
9. We reiterate our concern with the imbalances in the WTO Agreement.  We underscore the
difficulties that many African countries face in adapting their laws and regulations and improving
their institutional capacities to meet their WTO obligations.  In this context, we stress that
implementation issues are a priority for African countries in the run-up to the 4th Ministerial
Conference of the WTO.  We, therefore, reaffirm the need to resolve outstanding Implementation
issues.
10. We emphasize the urgent necessity for the full implementation of the Plan of Action adopted
by the Third United Nations Conference on the Least Developed Countries (LDC III).  We reaffirm
our concern at the delay in the implementation of the Integrated Framework since the launching of
this programme at the High-Level Meeting on LDCs held in Geneva in October 1997 and urgently
appeal to the concerned partners in this programme to honour the commitments they undertook in thisregard.
11. We further urge the full operationalization of the Decision on Measures Concerning the
Possible Negative Effects of the Reform Prog ramme on LDCs and Net Food Importing Developing
Countries.
12. We call on WTO Members to establish a work programme on small economies and for the
General Council to report on the implementation thereof prior to the Fifth WTO Ministerial
Conference.
13. In view of the difficulties experienced by a number of African countries - some of which are
LDCs - in their accession to the WTO, we call on Members to refrain from placing excessive or
onerous demands on such applications, and to maintain a transparent, streamlined and accelerated
accession process.WT/L/423
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14. We reviewed the on-going mandated negotiations on agriculture and services, and noted the
developments in these negotiations.  We express a determination that agriculture negotiations produce
- within a reasonable period of time - improved and effective market access for African exports.  On
services, we emphasize the need for effective implementation of GATS provisions on improving
market access in sectors and modes of export interest to African countries.
15. We recognize that issues such as trade and investment, competition, transparency in
government procurement, trade facilitation, trade and environment and e-commerce are important.
However, we agree that these issues are not a priority at this stage and on-going processes should
continue in order to prepare for possible future work in this area.
16. We affirm the common understanding that the TRIPS Agreement allows Members to take all
necessary measures to provide access to medicine at affordable prices and promote public health and
nutrition. We, further, reiterate the need for adequate protection of traditional knowledge and genetic
resources.
17. We underscore our view that regional and sub-regional integration among developing
countries are essential to reversing the process of marginalization and constitute a dynamic building
block for their effective integration into the MTS.
18. We regret the lack of progress on the issue of granting of observer status and in this regard,
we reiterate the need to grant permanent observer status to the Organisation of African Unity/AfricanUnion (OAU/AU) and other inter-governmental organisations in view of their trade policy mandate.
19. We recognize the critical importance of a transparent and inclusive decision-making process
in the WTO and that this is vital to maintaining confidence in the Organisation.  In this regard, a
Ministerial Decision is required at Doha to guarantee that the process of decision-making istransparent and inclusive in the WTO.
20. We thank the Government and People of the Federal Republic of Nigeria for hosting the
meeting, for the warm hospitality and for all the facilities put at our disposal.
Done in Abuja, Nigeria on this day of 23 September 2001
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Africa's Negotiating Objectives for the Fourth
Ministerial Conference of the WTO
The Fourth Ordinary Session of the OAU/AE C Ministers of Trade Committee on Trade,
Customs and Immigration was held in Abuja, Nigeria from 22-23 September 2001.  The Ministerial
segment was preceded by the meeting of Experts, held from 19 - 22 September 2001. These meetings
considered among other issues, coordination among African countries in their preparations for the
Fourth WTO Ministerial Conference to be held in Doha, Qatar, from 9-13 November 2001.  They
agreed on some common negotiating objectives, which are provided hereunder. This document should
be read in conjunction with the Abuja Ministerial Declaration.
A. Implementation issues and mandated reviews
1. African countries continue to be constrained by limited technical and institutional capacities
to fully adapt their national laws and fulfil their obligations as required and take full advantage of the
provisions of the multilateral trade agreements. Further, progress in resolving implementationconcerns in the Uruguay Round Agreements has been slow.
2. The meeting of the WTO General Council of 15 December 2000, reaffirmed that "the General
Council shall address the outstanding implementation-related issues and concerns, including those set
out in paragraphs 21 and 22 of the revised Draft Ministerial Text dated 19 October 1999 (Job(99)/5868/Rev.1), as well as any other implementation- related issues raised by members, as envisaged
in the Decision of 3 May 2000 and the work programme agreed on 22 June 2000, with a view to
completing the process no later than the Fourth Session of the Ministerial Conference".
3. Against this background, and in line with the Statement adopted at the Second Ordinary
Session of the OAU/AEC Ministers of Trade in Algiers in September 1999, and reiterated at their
Third Ordinary Session in Cairo, in September 2000, the following actions need to be taken by the
General Council no later than the Fourth WTO Ministerial Conference with respect to implementation
issues and mandated reviews:
(a) A re-evaluation of the efficacy, adequacy and sufficiency of the concept of
transitional periods in a number of WTO Agreements, particularly in TRIPS andTRIMs, taking into account the resource and implementation capacity constraints
facing African countries;
(b) Review of Annex VII of the Agreement on Subsidies and Countervailing Measures
(SCM) to take into account specificities and development needs of a number ofAfrican countries;
(c) The operationalization of the Marrakesh Ministerial Decision Concerning the
Possible Negative Effects of the Reform Programme on Least Developed Countries
(LDCs) and the Net-Food Importing Developing Count ries (NFIDCs);
(d) The granting of the waiver request for the ACP/EU Partnership Agreement;(e) Action towards the realisation of techno logy transfer objectives as envisaged in
Articles 7, 8 and 66.2 of the TRIPS Agreement; and other relevant provisions of theWTO Agreements;WT/L/423
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(f) Confirmation of the common understanding that the TRIPS Agreement allows
Members to take all the necessary measures to provide access to medicines at
affordable prices and promote public health and nutrition;
(g) An understanding that the review of the TRIPS Agreement under Article 71.1 shall
examine to what extent the objectives set out therein have been fulfilled, taking into
account the review of Article 27.3(b) (patenting of life forms, traditional knowledge
and biological resources);
(h) Reaffirmation that the provisions of Article 5.3 of the TRIMs Agreement recognizes
the trade, development, and financial needs of developing countries and noting that
the Article 9 review shall entail, inter alia , an examination of the effects of this
Agreement on the development prospects of developing countries;
(i) Completion of the work programme on th e harmonization of non-preferential rules of
origin;
(j) Further action towards implementation of the Marrakesh Declaration on Achieving
Greater Coherence in Global Economic Policy-Making;
(k) The WTO and other international organisations to continue and increase technical and
capacity building assistance activities through the Integrated Framework (IF) and thestrengthening and expansion to more African countries of the Joint Integrated
Technical Assistance Programme for Selected Least Developed and Other African
Countries (JITAP);
(l) Resolution of outstanding Implementation issues in the light of the 15 December
2000 General Council Decision; and
(m) Developing countries should be allowed to use minimal values essential for
application of the Agreement on Customs Valuation.
4. Ministers will review the progress concerning implementation issues in Doha and take
appropriate decision in this regard.
B. Least developed countries (LDCs)
5. The full and effective participation of LDCs in the multilateral trading system can contribute
to creating an atmosphere of trust and confidence in the system among its weakest members andthereby enhance the credibility of the WTO rules-based trading system.  The resolution of issues of
concern to LDCs, the majority of which are in Africa, is critical for the multilateral trading system. In
this context, the LDCs Development Agenda adopted by the LDCs Ministerial Meeting in Zanzibar
should be taken into account.
6. In this regard, the policies and measures contained in the Plan of Action for Least-Developed
Countries for the Decade 2001-2010, that was adopted at the LDC III Conference held at Brussels in
May 2001, and reaffirmed at the Least-Developed Countries Trade Ministers' Meeting in Zanzibar in
July 2001, remain valid. In particular, the following issues require attention:
(a) On market access, the recent initiatives by the EU and the US on Everything But
Arms (EBA), and the African Growth and Opportunity Act (AGOA), respectively,
are welcomed. However, these are autonomous initiatives.  The utilisation by the
countries concerned could be improved by providing bound, duty-free, quota-freeWT/L/423
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market access for all products, with flexible rules of origin.  Moreover, it is also
important to address adequately supply-side constraints in order to expand productive
capacity and competitiveness to take advantage of market access opportunities.
Development partners and agencies, such as the World Bank and UNDP, with the
resources and mandates to provide this support are called upon to do so;
(b) Regarding standard-setting and quality control, the provision of technical and
financial assistance is required to meet the demands of compliance.  In this regard,
Article 9 of the Sanitary and Phytosanitary (SPS) Agreement and Articles 11 and 12
of the Trade Barriers to Trade (TBT) Agr eement should be transformed into binding
commitments;
(c) The Integrated Framework (IF) remains a viable mandate for delivering co-ordinated
trade and trade-related technical assistance to LDCs and mainstreaming of trade
policies.  The IF requires adequate funding and greater transparency in its
implementation, including the basis for selecting beneficiary countries;
(d) On accession of LDCs, the following measures adopted under Commitment 5 at the
LDC III Conference should provide the WTO with guidance on this matter:
• ensuring that the accession process is less onerous and tailored to their
specific economic conditions, inter alia, by streamlining WTO procedural
requirements;
• providing for automatic eligibility of all acceding LDCs for all provisions on
special and differential treatment measures in existing WTO agreements;
• in view of LDCs' special economic situation and their development, financial
and trade needs, WTO members should exercise restraint, in seeking
concessions in the negotiations on market access for goods and services inkeeping with the letter and spirit of the provisions of the Ministerial Decision
on Measures in Favour of the Least-Developed Countries;
• seeking from LDCs in the accession stage only commitments that are
commensurate with their level of development, and not higher than those
undertaken by LDCs that are already members of the WTO, includingtransitional periods mandated by the WTO Agreements, starting from the
date of accession;
• continuing to provide adequate and predictable assistance to LDCs for their
accession process, including technical, financial or other forms of assistance;
and
• accelerating the process for LDCs that are acceding to the WTO by providing
a special and fast  accession track.
C. Mandated negotiations on agriculture
7. The WTO African Group has made a comprehensive submission during the first phase of the
Agriculture negotiations outlining the main concerns of African countries (i.e. documentG/AG/NG/W/142 of 23 March 20 01) supplemented by submissions of individual countries.  The
submission of the WTO African Group is an integral part of this document.WT/L/423
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8. Ministers would like to reiterate the following:
(a) The African Group has been guided by the objectives of the continuation of the
reform process contained in the preamble and in Article 20 of the Agreement on
Agriculture (AoA);
(b) The preamble of the AoA states that the objective of the reform of trade in agriculture
should aim at providing "for substantial progressive reductions in agricultural support
and protection sustained over a period of time, resulting in correcting and preventing
restrictions and distortions in world agricultural markets";
(c) Of critical importance to the African Group are provisions which identify non-trade
concerns; Special and Differential (S & D) Treatment; Least-Developed Countries
(LDCs) and Net Food Importing Developing Countries (NFIDCs) concerns; and the
establishment of a fair and market-oriented agricultural trading system, which must
be the guiding principles of the reform process.  The specific concerns of small island
and land-locked developing countries should be substantially addressed;
(d) S&D treatment is a horizontal issue cutting across market access, export competition
and domestic support to compensate for structural and economic inequalities between
developing and developed countries in terms of their share of world trade, access to
technology and financing as well as infrastructure.  An operational and binding S&Dtreatment is therefore vital;
(e) Given the conditions of agriculture in Africa, the reform should:
• strengthen the rules and disciplines governing trade in agriculture to promote
development;
• ensure that trade liberalisation takes into account non-trade concerns such as
food security, sustainable rural development and poverty alleviation;
• ensure commercially viable market access for all agricultural products
originating in developing countries including those at the higher end of the
processing chain;
• level the playing field in the international trading system, taking into account
different structural constraints among countries.
(f) 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 bemade mandatory.
D. Mandated negotiations on trade in services
9. The WTO African Group has contributed substantially to the first phase of the mandated
negotiations on services including, inter alia, underscoring the critical issues of concern such as:
• the importance of maintaining the existing architecture of the GATS;
• support for request/offer as the main method of negotiations and retaining the
positive list approach;WT/L/423
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• emphasizing the effective implementation of GATS Articles IV and XIX. 2,
concerning liberalization of market access in sectors and modes of supply ofexport 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 of  barriers to market access;
• providing credit for autonomous liberalisation, in services sectors undertaken
by African countries;
• support for work in the rules-making area, especially on Emergency
Safeguards Measures to be expedited;
• reserving the right of members to regulate the services sectors; and
• the revision of Articles VIII and IX of GATS in order to, in particular, take
into account the concerns regarding the transfer of technology and technicalknow-how with regard to investments by multi-nationals.
E. Singapore and other issues
10. In the area of Singapore and other issues, the following factors are of critical importance:
• African countries are not "demandeurs" of multilateral agreements on the
issues concerned;
• African countries generally lack capacity for implementation of obligations in
the area;
• most African countries remain to be convinced of the potential of the
proposed new multilateral Agreements to deliver tangible benefits to them;
• African countries are concerned over the added burden of obligations in the
face of present Implementation challenges facing them; with a similar
concern over the dangers of overloading the agenda of the WTO;
• African countries note that so far there appears to be no consensus among
members of the WTO, to launch negotiations in these areas; and
• African countries recall that various working groups have been established to
commence studies on the respective subjects and are yet to complete their
work. This study process should continue.
11. In the light of the foregoing, it is particularly agreed that the educative work should continue
in the Working Groups in respect of the following issues:
Trade and investment
• The implications for development of a multilateral investment agreement
have not been fully discussed nor understood;WT/L/423
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• in the light of the above, all work in this area should focus in particular,  on
facilitating investment flows to African countries, while preserving the policyspace and flexibility to pursue their national development objectives.
Transparency in government procurement
• African countries are generally prepared to examine issues relating to
transparency in government procurement but not market access; and
• the issues involved are complex; especially given that the implications of a
multilateral framework on transparency in government procurement on socialand economic development, is yet to be fully comprehended.
Trade and competition policy
• most African countries 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 a complex one, which needs to be fully explored; and
• it is imperative that technical assistance should be provided for capacity
building during the on-going educative process.
Trade facilitation
• the general assessment is 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. Improvedfacilitation will require increased technical and financial assistance to narrow
the technology and human resources gaps that exist between developed and
developing countries.
Core labour standards
• core labour standards should remain under the purview of the ILO.
Trade and environment
• African countries fully support the on-going balanced work-programme of
the WTO Committee on Trade and Environment while underscoring that
environmental considerations should not be used for protectionist purposes;
and
• further, African countries recognize the importance of transfer of
environmentally friendly technology to developing countries. It is essential
that developed countries provide assistance in this area.
Electronic commerce
• useful work has been undertaken in this area at the WTO.  The current work
programme should be pursued further and the educative process continued.WT/L/423
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Non-agricultural market access
• the effective participation by African countries in negotiations in this area
requires in-depth technical analysis to identify precisely the challenges and
the opportunities involved in industrial tariff negotiations. UNCTAD,UNIDO and other relevant agencies are requested to continue their assistance
and support to African countries in this area.
• agreement to engage in industrial tariff negotiations is made conditional on
completion of a study process which should include the effect of previous
and any future tariff reductions on African countries' industries.
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