WORLD TRADE
ORGANIZATIONWT/GC/W/418
31 October 2000
(00-4546)
General Council Original:  English
WTO: EXTERNAL TRANSPARENCY
General Principles
Communication from Hong Kong, China
The following communication, dated 27 October, has been received from the Hong Kong
Economic and Trade Office.
_______________
Introduction
1. Since its establishment in 1995, the WTO has been attracting increasing public attention.
This has brought about rising pressure, from both within and outside the Organization, for greater
transparency of WTO operations and responsiveness to the calls of the civil society.
Why is external transparency necessary?
2. Despite its successful role in devising multilateral trade rules and advocating trade
liberalization, the WTO has been criticised, fairly or otherwise, by some as undemocratic and non-
transparent.  We believe these charges are the result of misunderstanding.  There is nevertheless aneed to engage the public in a positive manner.  Hong Kong, China shares the view that a more
transparent organization is not only essential to building confidence in the multilateral trading system,
but also helps Member governments bring the public on board in pursuing further multilateral trade
liberalization.
3. As an international organization which governs the rules and operation of the multilateral
trading system, the WTO does not and should not work in a vacuum.  Article V.2 of the Marrakesh
Agreement Establishing the WTO indeed provides that the General Council may make appropriate
arrangements for consultations and co-operation with NGOs concerned with matters related to those
of the WTO.  At the Geneva Ministerial Conference in 1998, Ministers have recognised theimportance of enhancing public understanding of the benefits of the multilateral trading system in
order to build support for it.  They also reaffirmed  the need to work towards this end and called for
ways to improve the transparency of WTO operations.
4. In this regard, while the primary responsibility for dialogue with the civil society falls at the
level of each WTO Member, Hong Kong, China supports initiatives to enhance the transparency of
the WTO operations and to raise public awareness and understanding of its work, with a view to
improving the institutional image and credibility of the Organization.WT/GC/W/418
Page 2
Current practice
5. The WTO has already taken significant steps in establishing relations with the civil society.
The General Council adopted a set of guidelines in 1996 for arrangements on relations with non-
governmental organizations (NGOs) which recognise "the role NGOs can play to increase theawareness of the public in respect of WTO activities" and agree to "improve transparency and develop
communication with NGOs".  Indeed, NGOs have grown in number and size both at the national as
well as international level.  Many of them are well-organized, well-represented and financially
resourceful.  Their influence on the national governments and the public at large should not be
ignored.
6. The guidelines have opened the door of Ministerial Conference to NGOs.  The number of
NGOs attending the plenary sessions has grown from 108 at the Singapore Ministerial Conference in
1996 to 686 at the Seattle Ministerial Conference in 1999.
1  The WTO Secretariat has also organized a
number of high-level symposia for NGOs on trade-related topics such as trade and development, and
trade and the environment.  These symposia pr ovided opportunities for NGOs to discuss specific
issues with representatives of WTO Members.  In addition, the Secretariat has recently revamped theWTO website to make it more user-friendly.  All these represent the Secretariat's active role in
establishing contacts with the civil society and the public at large.
The principles of enhancing external transparency
7. Building upon the current practice, Hong Kong, China recognizes that there is room for
further enhancing the transparency of the WTO.  In  considering any such proposals, the following two
principles must be fully observed:
(i) a distinction must be drawn between enhancing transparency to the civil society and
making provision for their direct participation;  and
(ii) the existing representation system should be preserved.
(i) External transparency vs. direct participation
8. In our view, enhancing "external transparency" of the WTO means keeping the public
informed and educated of the WTO's work, enriching their understanding and awareness of theOrganization and the multilateral trading system, a nd thereby improving the ability of the public to
reflect views to their governments.  On the other hand, "participation" in the WTO by non-Members
implies a right to take part in the decision-making process of WTO, a right to make representations of
interest in the formal WTO setting and in the process prejudice the outcome of discussions.
9. While we are prepared to consider those propos als aiming at improving transparency, we are
not convinced of the desirability of adopting proposals which seek to make provisions for direct
participation of the civil society in the Organization in this exercise.  Such proposals go against the
inter-governmental nature of the WTO, risk politicising the operations of the Organization due to
sectoral and electoral interests, and undermine the rights and obligations of individual WTOMembers.
(ii) Existing representation system of the WTO
10. Consistent with the principles and practices under international law, the existing
representation system of the WTO is such that each WTO Member is represented by its accredited
                                                     
1 WTO Annual Report 2000.WT/GC/W/418
Page 3
representative and his/her alternates and advisors.  Negotiations and decisions in the WTO context are
made by these representatives, and the resulting agreements are ratified by Members in accordance
with their domestic constitutional, legislative and political process.  To ensure an effective operation
of the WTO, which is an international treaty in itself, it is important that each Member, through its
accredited representative, comes forward at WTO deliberations with a position which best representsits overall national interests.  It then follows that  the primary responsibility for synthesising the views
and concerns of all domestic stakeholders (be they NGOs, special interest groups, media,
parliamentarians, citizens, etc.) into this  overall national position must fall on the Member
government itself.   It will be impossible for the WTO to function as a negotiation forum on
international trade should it be required to reconcile the interests and positions of different political
factions and domestic constituencies of individual Members.
 11. Having regard to the two principles, Hong Kong, China supports proposals to enhance
external transparency of the WTO along the existing initiatives by the Secretariat, such as early
derestriction of WTO documents, better disseminat ion of information to the public and promotion of
WTO institutional image through better use of the WTO website.
12. We are aware that some Members have put forward specific proposals on the subject matter.
We see merit for Members to consider in detail these different proposals with a view to arriving at a
common view on the way forward.  Perhaps, as a first step and to facilitate consideration of individual
proposals, there is merit in first discussing the principles based on which Members should deliberate
on the proposals put forward.  It is in this c onnection that Hong Kong, China sets out the two
principles in paragraph 7 which to it are of systemic significance.
Conclusion
13. Hong Kong, China fully supports enhancing the transparency of WTO operations and
promoting public understanding of its work.  Bearing in mind the Geneva Ministerial Declaration, we
are prepared to consider proposals to better communicate to the public the benefits and work of the
multilateral trading system.  However, we consider that any such proposals should not blur the
distinction between greater transparency and direct participation, nor should it affect the inter-
governmental nature of the WTO or change the existing representation system of the Organization.
14. The question of external transparency is an important one for the whole membership.  There
are real and substantive differences in views among Members.  We respect the member-driven nature
of the WTO, and are prepared to discuss proposals by Members.  Major changes to the current
practices should only be implemented after taking full account of the systemic implications on the
Organization, and at a pace comfortable to the whole membership.
__________