WT/GC/W/895  
 
13 July 2023  
(23-4790) Page: 1/8 
General Council  Original: English  
 
 
A DEVELOPMENT PERSPECTIVE ON INSTITUTIONAL REFORMS OF THE  
WORLD TRADE ORGANIZATION  
COMMUNICATION FROM THE AFRICA N GROUP (ANGOLA; BENIN; BOTSWANA; BURKINA FASO; 
BURUNDI; CABO VERDE; CAMEROON; CENTRAL AFRICAN REPUBLIC; CHAD; CONGO; CÔTE 
D'IVOIRE; DEMOCRATIC REPUBLIC OF CONGO; DJIBOUTI; EGYPT; ESWATINI; GABON; THE 
GAMBIA; GHANA; GUINEA; GUINEA -BISSAU; KENYA; LESOTHO; LI BERIA; MADAGASCAR; 
MALAWI; MALI; MAURITANIA; MAURITIUS; MOROCCO; MOZAMBIQUE; NAMIBIA; NIGER; 
NIGERIA; RWANDA; SENEGAL; SEYCHELLES; SIERRA LEONE; SOUTH AFRICA; TANZANIA;  
TOGO; TUNISIA; UGANDA; ZAMBIA AND ZIMBABWE)  
The following communication, dated 13 July 2023, is being circulated at the request of the Africa n 
Group.  
 
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1  INTRODUCTION  
1.1.  The preamble to the Marrakesh Agreement establishing the World Trade Organization (WTO) 
recognizes that international trade is not an end in itself, but a means towards 'raising standards of 
living and ensuring full employment'. More importantly, it recognizes that 'there is a need for positive 
efforts designed to ensure that developing countries, and especially the least developed among 
them, secure a share in th e growth in international trade commensurate with the needs of their 
economic development'.  
1.2.  The Principles entailed in the Marrakesh Agreement should continue to underpin the work of 
the WTO. The foregoing principles must not only permeate the work toward s reforms of the WTO, 
but must also be inherent in the outcomes of such processes. Institutional reforms have consumed 
the activities of various WTO bodies and committees since MC12. The parlance of "reform -by doing " 
has gained currency as synonymous to el ementary "incremental reforms " in the name of improving 
the efficiency of various WTO committees, standardising practices across committees or improving 
synergies and coordination between them.  
1.3.  Currently, the World Trade Organization is at a pivotal junct ure demanding immediate 
attention. Even prior to the outbreak of the COVID -19 pandemic, the organization faced enormous 
challenges across all three pillars of its mandate. These pillars encompass providing a robust 
negotiation forum to facilitate trade lib eralization and the establishment of new rules, diligently 
monitoring trade policies to ensure transparency and fairness, and effectively resolving disputes 
among its 164 members. To invigorate and fortify the WTO, comprehensive reforms that 
comprehensivel y address each of these pillars are essential.  
1.4.  The Africa n Group recalls a submission with like -minded countries captured in 
WT/GC/W/778/Rev.5 that highlights the reforms required to advance inclusivity and development in 
all the WTO functions. Paragraph 3  of the 12th Ministerial Conference Outcome Document 
(WT/MIN(22)/24 – WT/L/1135) provides the mandate for the WTO to work towards the necessary 
reform of the WTO and that such work must be Member -driven, open, transparent, inclusive, and 
must address the i nterests of all Members, including development issues.  WT/GC/W/895  
 
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  1.5.  This submission reaffirms and further articulates the Africa n Group vision and approach to the 
ongoing discussions on institutional reforms of the WTO, the principles that should inform such 
activities or their outcomes, and also unpacks the desirable reforms that should be prioritised. It 
also provides the view of the Africa n Group on some of the elements on institutional reforms 
presented by various members in the General Council and its subsidiary bodies to date.  
2  PRINCIPLES THAT SHOULD UNDERPIN INSTITUTIONAL REFORMS  
2.1.  The Africa n Group calls for and reaffirms that the following principles be upheld in the course 
of institutional reforms of WTO bodies:  
• Reforms must be premised on the principles of inclusivity, transparency and development. 
Inclusivity would require, at a minimum, preserving consensus decision -making in the 
WTO.  
• Any reforms that change the rights and obligations of Members should be discussed in the 
General Council.  
• The discussions on reform of WTO bodies must take into account the capacity constraints 
of developing countries. In terms of process, thi s means overlaps of key meetings should 
be avoided at all times as this is central to inclusivity.  
• Reforms must not translate to outcomes that increase the burden on already overstretched 
and limited capacities of developing countries, including LDCs. On t he contrary, efforts 
should be channelled towards alleviating the current burden and complexities.  
• The institutional reforms should preserve the Member -driven nature of the WTO.  
• Reforms must take into account the specific mandates of WTO bodies.  
• Reforms at the institutional level require consensus and cooperation among members. 
Regular consultations, negotiations, and discussions should be conducted to build 
consensus on proposed reforms and ensure their successful implementation.  
• Reforms shall Safeguard and strengthen the Special and Differential Treatment  (S&DT) 
provisions which recognise the development needs and challenges faced by developing 
countries.  
3  REFORM OF REGULAR BODIES  
3.1.  The Africa n Group believes that the reform of WTO regular bodies must at t he core enhance 
effective and meaningful participation of small and resource -constrained delegations in all 
deliberations and decisions, particularly developing countries, including LDCs. The efforts to address 
issues of overlapping meetings, improvement o f meeting agendas and post -meeting reporting, and 
other initiatives to empower delegates to be effectively and productively engaged in activities of 
WTO bodies are, therefore in principle welcomed.  
3.2.  The reform of regular bodies of the WTO should also find expression in agenda -setting and 
priorities that inform deliberations and committee activities. The member -driven character of the 
WTO, inclusivity, and true consensus -based decision -making are necessary conditions to ensure 
legitimacy and joint ownership of discussions on these reforms, including their outcomes. The 
Reform of WTO bodies and their role must, therefore also be seen through the lens of development.  
3.3.  It is also important to be cognisant that the mandates accorded each of the WTO committees 
are carefully negotiated outcomes and that altering these should be avoided as this would upset the 
delicate balance that was struck during the Uruguay Round.  Reforms of a cross -cutting nature, or 
that alter the rights and obligations of members are best addre ssed and discussed by the GC as final 
arbiter. The activities towards reform must, importantly be guided by a set of commonly agreed 
principles to ensure that this process( es) is/are transparent and deliberate, including the form and 
substance of intended outcomes.  WT/GC/W/895  
 
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  3.4.  "Reform by doing " should not mask or be a euphemism for institutional changes that would 
otherwise have wide -reaching implications or alter the balance of rights and obligations of Members. 
In this regard, a clear typography of the different str ands of institutional reforms will be necessary, 
including and tied thereto the level of authority that is accorded to respective committees to formally 
adopt these reforms. Although there may be some proposals that would ultimately imply or lead to 
change s in the balance of rights and/ or obligations of members, the majority of proposals in the 
main have, among others, have focussed on possible improvements in the conduct of meetings, 
introducing uniform practices or exporting/extending so -called "best practices " across committees, 
"enhancing " transparency, and the adoption or mainstreaming of information technology tools to 
exploit their prowess in the management and dissemination of information and data.  
3.5.  Whilst the use of informal modes of meetings, o r other such processes outside formal WTO 
bodies have been adopted to consider incremental reforms or so -called "reform by doing " of regular 
bodies of the WTO, the Africa n Group believes it is necessary and important that the rights of all 
members to a mea ningful opportunity to have their views considered and in decision -making in 
formal and properly constituted bodies with no predetermined or a priori outcomes be respected and 
upheld.  
3.6.  The peculiarities of WTO Agreements and Committees, including the Trade Policy Review 
Mechanism (TPRM) and the functioning of the Trade Policy Review Body (TPRB), should inform what 
is fit-for-purpose and what sorts of incremental reforms (i.e. "reform by doing ") or substantive 
reforms are necessary within each WTO committee. This includes, but is not limited to , any 
suggestions for the updating of rules of procedure governing the operations of committees, or the 
conduct of their meetings. There should be no one -size fits -all default approach.  
3.7.  More than often, issues of develop ment and of particular interest to developing countries, 
including LDCs are relegated to an afterthought in the work of WTO bodies, and where these arise, 
they tend to focus on the narrowest scope of special and differential treatment confined to technical  
assistance and capacity building. Yet the inventory list of the development agenda as captured in 
the DDA remains unfulfilled.  
3.8.  On institutional reforms, the views of the Africa n Group as relates the functioning of WTO 
bodies are summarized below:  
• Early c irculation of documents for formal meetings (e.g. at least [X] days prior) to allow 
delegations to prepare and consult capitals . 
• Circulation of a summary of key outcomes and action item immediately after meetings for 
the benefit of delegates who are unable  to attend, and to ensure delegations fulfil any 
requirements flowing from action items agreed at meetings. We support the suggestions 
that these summary reports should be chairs ' reports on their responsibility, pending 
circulation of formal minutes . 
• On a case-by-case basis, and to the extent practicable, there should be a streamlining and 
standardisation of reporting formats, agendas and documentation across WTO bodies. This 
will enhance transparency and facilitate easier access to information for delegat es and 
stakeholders . 
• Timely circulation of the agenda and minutes of meetings, and hence clear timelines must 
be defined (e.g. at least [X] days after meeting; or at least [X] days prior next meeting]. 
The idea to introduce automatic reminders is also welc omed.  
• Annotated agendas for all WTO bodies will assist in facilitating focused discussions. This 
should be a neutral document that reflects issues to be discussed, and were applicable, 
expected outcomes . 
• Ensure that each WTO body has a clear and well -defined mandate, outlining its specific 
responsibilities, objectives, and scope of work. This clarity helps guide discussions and 
ensures that the body's work aligns with Members' priorities.  WT/GC/W/895  
 
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  • Where there have been mandates or outcomes agreed by Ministerial Conf erences, these 
should, be incorporated as standing items in the agendas of relevant committees to ensure 
proper monitoring and oversight of progress . 
• Streamline decision -making processes within WTO bodies to avoid unnecessary delays. 
Encourage efficient discussions and seek consensus, while respecting the principles of 
inclusivity and transparency.  
• Enhanced coordination and communication between different WTO bodies, including 
exchange of experiences to ensure cohesive reforms across bodies. The  most efficient 
formats of interaction between bodies would need to be devised and agreed.  
• Circulation at the end of each year, of an indicative yearly schedule of meetings for each 
of the WTO bodies for the following year . 
• Embrace of digital tools and te chnology across WTO bodies would greatly improve 
efficiency and effectiveness of committee work and efforts of delegates. Harmonisation 
and streamlining of such systems across WTO bodies must, to the extent practicable, be 
explored, e.g. the Integrated Inf ormation Management System (IIMS). Transitioning to 
digital tools should be gradual and not too abrupt, in order to preserve maximum 
inclusivity and ensure no members are left behind, particularly constrained developing 
countries.  
• Use of e -tools, including  e-Agenda beyond just STCs agenda item, and to also permit 
electronic submission of statements by Members with prepared statements, including 
notifications and automatic e -reminders . 
• Virtual participation in meetings of all WTO bodies. This will improve in clusivity, and 
enhance equitable participation of capital -based officials, especially those of developing 
countries, including LDCs that have resource constraints . 
• Making available access to recorded sessions of meetings on a controlled basis . 
• Continuous s tructured training at regular intervals for capital and Geneva -based delegates 
on the operations of committees, including the use of e -tools.  
3.9.  To ensure the necessary horizontal progress and oversight of institutional reforms, the Africa n 
Group proposes th e establishment of a working group that would report to the General Council 
focusing on matters of institutional reforms within the WTO. The working group would accordingly 
bring together representatives from different WTO bodies and its key tasks shall be  to, among 
others, conduct a comprehensive review of the functioning and effectiveness of various WTO bodies, 
identify best practices across WTO bodies, identifying areas of improvement, streamlining 
procedures, enhancing inclusivity, and recommending appr opriate institutional reforms.  
3.10.  At a more substantive level, the Africa n Group holds the following views:  
• Development must be at the centre of WTO [institutional] reforms. Agenda -setting within 
the different WTO bodies should, therefore be responsive to a nd address issues of interest 
to developing countries, including prioritizing and delivering on longstanding mandates, 
including reversing the setbacks on progress towards attainment of the United Nations 
Sustainable Development Goals (UN SDGs).  
• WTO bodie s must respect and operate within their mandated issues and boundaries, and 
any changes to such mandates can only be effected through consensus -based decisions 
and through an inclusive, member -driven process.  
• Existing procedures for the reporting and addre ssing of specific trade concerns (STCs) as 
currently provided for in applicable agreements must be retained without their duplication 
or extension across all WTO bodies. New approaches that suggest more onerous 
obligations or burden on limited human and in stitutional capacities of developing countries, 
including LDCs must be avoided.  WT/GC/W/895  
 
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  • Regarding the TPRB and the TPRM process, the Africa n Group proposes that it be 
rationalized and its scope be limited to core trade policies of a Member under review, and 
not ma cro-economic or other aspects unrelated to the work of the WTO and its 
agreements. The Trade policy reviews should take into account the challenges and capacity 
constraints of developing countries. Members should also consider the possibility of limits 
to the number of questions posed to ensure that the process is qualitatively meaningful 
and serves its primary purpose rather than a scrutiny of all policies of members, especially 
those outside of the WTO mandate.   
4  FACILITATING EFFECTIVE OVERSIGHT AND DECISI ON MAKING IN THE MINISTERIAL 
CONFERENCE, THE GENERAL COUNCIL, TRADE NEGOTIATIONS COMMITTEE AND 
INFORMAL HEADS OF DELEGATIONS (HODS) MEETINGS  
4.1.  Inclusivity should permeate the operations and functioning of all WTO bodies in the conduct of 
their work, includi ng processes leading up to and during Ministerial conferences. Taking note of the 
resource constraints of small delegations and thus rationalizing meetings at the WTO so that there 
are no overlaps is important. In areas where there are active negotiations for outcomes, these 
meetings must, to the extent possible take place in formal mode. They should always be open, 
inclusive and transparent and their scheduling should genuinely take into account the resource 
constraints of developing countries, including L DCs.  
4.2.  The basic principles and procedures of this Member -driven organization need to be respected 
and upheld to the letter both during Ministerial Conferences (MCs) and the negotiations or processes 
preceding them. For instance, all meetings in the MC, whi ch is the highest decision -making body of 
the WTO, should be open to all Members without restricting the decision -making process to smaller 
Green Rooms.  
4.3.  In the build -up to MCs, it is important that the following elements guide the preparatory 
process:  
• All consultations should be transparent and open -ended.  
• The preparatory process should be conducted under the close supervision of the General 
Council and chaired by the Chairperson of the General Council.  
• Any negotiating procedure to be adopted should be ap proved by consensus of Members 
at formal meetings.  
• There should be sufficient time to consider documents and for consultations with capitals, 
including consultations within groups.  
• The chairs of negotiating groups or sessions must at all times be impartial , objective, 
transparent, and inclusive in the conduct of negotiations and consultations with Members.  
• Consultations should be transparent and represent all configurations, include the main 
protagonists, including coordinators/representatives of regional g roupings.  
• The Secretariat should remain impartial in their conduct during the consideration of 
possible Ministerial declarations, decisions, or outcome documents.  
• Ministerial declarations, decisions, or outcome documents must be the outcome of 
consensus. Where there are divergences, these should be clearly reflected in the texts.  
4.4.  The following elements must guide the conduct of activities during MCs:  
• The scheduling of negotiating meetings should avoid parallel sessions and take into 
account the capacity and resource constraints of smaller delegations.  
• Consultations should be open, transparent and inclusive.  WT/GC/W/895  
 
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  • There must be sufficient time allocated for  Members to consider any new draft texts, and 
for transparency, any Members proposing texts must be identifiable.  
• There should be open, effective, efficient, timely and consistent communication channels 
throughout the duration of MCs to notify Members of k ey changes to meeting schedules 
or substantive information pertinent to unfolding negotiations. In addition to traditional 
means, the use of digital tools (e.g. online portals) must in this regard, be considered.  
• There should be regular HODs or Committee o f the Whole (COW) meetings to receive 
periodic updates and substantive reports from chairs/facilitators.  
4.5.  To ensure efficiency of the TNC, it is important that its primary focus be on the issues within 
its mandate to enable structured discussions which is f undamentally about providing oversight on 
multilaterally mandated negotiations taking place within delegated negotiating bodies/special 
sessions. The joint convening of TNC and HoDs in one seating distracts attention away from the core 
function of the TNC and leads to minimal oversight and monitoring of progress on matters within 
the mandate of the TNC. The HoDs can be held immediately after the TNC to address issues the DG 
and other Members may want to raise if having the two meetings on the same day is de emed feasible 
by Members.  
5  ENGAGEMENT ON CROSS -CUTTING/NOVEL ISSUES, TRADE CONCERNS, AND OTHER 
TRADE -RELATED MATTERS  
5.1.  The global economy continues to grapple with the COVID -19 pandemic, food insecurity and 
slow economic growth. Various factors continue to ha mper global economic recovery, including 
ongoing geopolitical instability and other shocks such as rocketing inflation, the food and energy 
crises, supply -chain disruptions, increasing debt distress, escalating scale of destruction due to 
climate change, i ncreasing market concentration, increasing rent extraction resulting in "winner -
takes most markets" characterized by super -profits, and balance of payment challenges. Some of 
these global challenges and developments are reflective of the lack of delivery o n longstanding 
development mandates which should necessarily be prioritised in the interests of developing 
countries.  
5.2.  These developments have had a profound impact on trade and development, particularly of 
developing countries, including LDCs, with these crises and compounding challenges threatening to 
undermine their economic development and the achievement of the targets under the UN SDGs. It 
is important that the WTO accelerates efforts to address them within its existing multilaterally agreed 
mandates and without undermining or encroaching on areas of responsibility of other international 
multilateral organisations and agreements. Any new mandates or changes to existing ones can only 
be effected through consensus -based decisions and an inclusive and mem ber-driven process.  
5.3.  Meanwhile, we are experiencing the rising implementation of unilateral and punitive measures 
by some countries, resulting in "beggar thy neighbour" policies that change the terms of competition, 
lock in technology advances, with great e conomic costs borne, especially by developing countries. 
In the context of these unilateral urges and current global challenges, there is an urgent need for 
multilateral discussions and solutions on the impact of such measures on developing countries, 
including the development of a multilateral framework to rebalance trade rules to promote domestic 
and regional production by providing developing countries the requisite policy tools to respond in a 
fair and balanced manner.   
5.4.  As was evidenced and experienced with Covid -19, the WTO has also been found wanting and 
unresponsive to challenges as they arise and has not evinced the required foresight to develop agile 
policy tools available to Members, especially developing countries, including LDCs when confronted 
with a variety of crises. Development being a cross -cutting issue, it is important that each WTO body 
be held accountable for the development agenda within its purview, with the role of the CTD as focal 
point on development enhanced to ensure coherence and coordination, and the General Council 
playing an active oversight and monitoring role.  
5.5.  The role of WTO rules in facilitating the structural transformation, diversification and 
industrialisation of developing economies, including LDCs and ultimately econom ic development 
requires deliberate and continuous examination. This also applies to so -called novel issues. It is WT/GC/W/895  
 
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  important that WTO bodies, within their mandates, apply themselves to interrogating the efficacy of 
their respective agreements to development  aspirations as contained in the preamble to the 
Marrakesh Agreement, and urgently translating in practice the recognition of '…the need  for positive 
efforts designed to ensure that developing countries, and especially the least developed among 
them, secur e a share in the growth in international trade commensurate with the needs of their 
economic development'.  
5.6.  We welcome the efforts of the GC Chair to convene the membership in a Retreat format with 
a view to facilitating a discussion on the trade and indust rial policy nexus. This should be followed 
up with targeted engagements aimed at making concrete proposals for MC13. The Africa n Group 
has in this regard already submitted a comprehensive proposal in document [WT/GC/W/868] - 
"Policy space for industrial de velopment - a case for rebalancing trade rules to promote 
industrialisation and to address emerging challenges such as climate change, concentration of 
production and digital industrialisation " – which is supplemented by more targeted proposals on 
each of the agreements or areas identified  for rebalancing.  
6  THE ROLE OF CHAIRPERSONS, THE SECRETARIAT AND OTHER EXTERNAL 
STAKEHOLDERS (I.E. PRIVATE SECTOR, INTERNATIONAL ORGANISATIONS, ETC.)  
6.1.  The WTO is a Member -driven organization. The role and presence of other s takeholders, 
intergovernmental or International Organizations in the WTO must be limited to preserve the 
Member -driven nature of work and with due respect to their competences, mandates and limitations. 
Fundamentally, it is important to emphasise and recal l that legally, the WTO is a forum of 
engagement and contracting among and between sovereign states/governments, monitoring the 
implementation of those contracts/agreements, and resolving disputes as the arise in the 
implementation of these rules. Given th is context, any calls for the direct access and participation 
of external stakeholder in negotiations at a multilateral level are, therefore misplaced as sovereigns 
have varying frameworks of interaction with stakeholders in their national policy formulati on 
processes.  
6.2.  The Africa n Group believes that the current models of participation of intergovernmental or 
International Organizations are sufficient (e.g. observer status), save for improvements that can be 
considered as opposed wholesale changes. The sam e applies with regards the participation of the 
private sector and other stakeholders which is undertaken through avenues like the WTO Public 
Forum, informal meetings or thematic sessions organised by the WTO and its bodies. The 
participation of non -govern mental entities must not undermine the Member -driven character of the 
WTO, including in decision -making, and must be free of undue sectoral influence.  
6.3.  The participation of external stakeholders in such forums must, importantly allow for a plurality 
and mu ltiplicity of voices and perspectives to ensure balanced and fair engagements. It is equally 
important that the experiences and views of developing countries, including LDCs are genuinely 
accorded equitable space, and for conscious efforts towards these en ds, such as virtual participation, 
to be regularized.  
6.4.  The proliferation of informal modes of engagements such as thematic sessions, informal 
working groups or informal meetings must, nevertheless be moderated to preserve maximum 
inclusivity. Informal proc esses often put an extra burden on developing countries with limited 
capacities. The capacities of resource -constrained delegations should, therefore be taken into 
account to ensure they are not placed at a disadvantage when decisions on the functioning of  
committees or implementation matters are considered and adopted, including negotiation processes. 
The scheduling of such informal meetings or processes, meeting requirements as well as technical 
assistance and capacity building programs must be tailored t o respond to these capacity constraints 
and ensure effective and meaningful engagement of developing countries in WTO committees ' 
activities.  
6.5.  Chairpersons have an obligation to maintain impartiality in accordance with the rules of 
procedures governing the respective WTO bodies they preside over in line with the Member -driven 
nature of the WTO. This is also applicable to the WTO Secretariat who are required in terms of 
Article  VI of the Marrakesh Agreement and read together with the Staff Regul ations and Rules under WT/GC/W/895  
 
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  the Standards of Conduct1 to maintain their international character and remain neutral. Their roles 
cannot be increased from their current mandates and functions.  
 
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1 See Annex B of the Decision of the General Council and the ICITO Executive Committee on 
16 October  1998 on the Conditions of Services Applicable to the Staff of the WTO Secretariat in WT/L/282.