JOB/GC/223/Rev.1  
 
28 April 2022  
(22-3383) Page: 1/4 
General Council  Original: English  
 
LDC VIEWS ON WTO REFORM DISCUSSIONS AND PROPOSALS  
COMMUNICATION FROM CHAD ON BEHALF OF THE LDC GROUP  
Revision  
The following communication, dated  28 April 2022 , is being circulated at the request of the 
delegation of Chad on behalf of the LDC Group.  
 
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Introduction  
 
1. This revision consolidates the LDC submission in 2019 of JOB/GC/223 and JOB/GC/223 /Corr.1  
and adds updated observations  due to new developments and the pandemic that hit the world in 
2020 and thereafter . 
2. The effects of the lockdowns and recovery process linger today.  All Members of the WTO have 
deliberated to bring their economies and peoples back on track.  As Members prepare for MC12, the 
LDC Group requests that this revised submission be  taken into account under any element regarding 
WTO Reform  including for the twelfth WTO Ministerial Conference (MC12) and work ahead . 
3. After 2019, notwithstanding the Appellate Body crisis, some Members have continued to avail 
themselves of the WTO dispute  settlement mechanism and have agreed to alternative methods to 
address the appeals tier. Other Members have suggested that alternative mechanisms to reform the 
appeals function should be re -examined.   While it is generally assumed that LDC WTO Members are  
the least subject to dispute settlement, the LDC Group maintains its view, as participants in the 
system, on the need for a well -functioning WTO in all of its pillars including to restore the 
expectations on the dispute settlement mechanism – namely a two -tiered structure for the resolution 
of disputes.  These elements are part of the balance of rights and obligations of all Members found 
in the Marrakesh Agreement.  
4. To better organize the recent debate  raised by Members on WTO Reform since 2021 and 
delibera tion post -MC12 , the LDC Group prefer s that all discussions should take place under the 
auspices of the General Council  in its dedicated sessions led by the General Council Chair.  In 
approaching the WTO Reform discussions, LDC Members  will continue working with the GC Chair.   
5. LDC Members emphasize the importance of the following principles regarding discussions and 
proposals.  WTO reform should:  
i. Take full account of the widespread capacity constraints of LDC Members, in the levels 
of obligations and implementation expected of them ; 
ii. Ensure  inclusive negotiating processes and consensus -based decision -making; and 
that whatever the negotiating format , all WTO Members have the right to access 
promptly all documents examined during the negot iations;   
iii. Ensure that proposed reform measures, including those related to the provision of 
technical assistance to LDCs, help effectively and sustainably address their structural 
capacity constraints in order to enable them to meet their commitments;  JOB/GC/223/Rev.1  
 
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  iv. Guarantee the preservation and improvement of the benefits  granted to LDCs in terms 
of the legal and procedural flexibilities contained in WTO agreements and decisions;  
v. Observe Article XI.2 of the Marrakesh Agreement that LDCs "will only be required to 
underta ke commitments and concessions to the extent consistent with their individual 
development, financial and trade needs or their administrative and institutional 
capabilities "; 
vi. Ensure that relevant discussions in WTO Councils and Committees  contribute to 
strengthen ing the monitoring , and implementation , of all decisions taken in favor 
LDCs, and to achieve more results that  positively impact their economies ;  
vii. Consider the capacity limitations of LDCs and allow them to continue with LDC -specifi c 
flexibilities for a n additional  period of time for smooth transition  after graduation from 
the LDC category , in line with the relevant provisions of the resolutions adopted by the 
UN General Assembly ;  
viii. Extend sufficient flexibility to the acceded LDC Members in taking needful policy 
decisions , as and when required ; and  
ix. Explore additional flexibilities and complementary resources within the framework of 
special and differential treatment.  
Appellate Body Reform  
 
6. The LDC Group views a functioning dispute settlement system, including fair and effective 
appellate review, as essential to the role of the WTO.    
7. Members are urged to: 
i. Resolve the impasse on the Appellate Body  through the nomination of its members  at 
the earliest time possible ; 
ii. Avoid crea ting rules and procedures that impose administrative  burdens  and additional 
complexity that would disproportionately affect potential LDC parties or third parties 
in disputes in any further discussions on Appellate Body reform;  and 
iii. At the request of an LDC  Member involved in a WTO dispute, and pursuant to 
Article  27.2 of the DSU, ensure that the Secretariat is able to provide legal advice and 
assistance to that LDC Member during each stage of a dispute settlement proceeding, 
including additional flexibiliti es and resources for LDCs . 
Notification and Transparency  
 
8. The LDC Group recognizes that effective transparency and notification requirements are part 
of the backbone of the WTO , and that all  WTO Members, including developed Members, need to 
improve their implementation of these requirements. In this respect , developed country Members 
should be prepared to lead by example.   
9. It is important to avoid the imposition of new obligations that exacerbate challenges already 
faced by LDCs.1 Notification diffi culties of LDCs are due to capacity constraints, many of which cannot 
be resolved simply through short -term Secretariat technical assistance and capacity building.  In all 
circumstances, LDC Members must be provided technical and financial assistance to ful fill their 
notification and transparency obligations.  Conditions placed on making requests for help are also 
tantamount to new obligations and creating burdens.  
10. Tools and approaches introduced in a facilitative and positive manner should be explored. In 
this regard, existing difficulties in notification should be reviewed, and where required, the templates 
 
1  See Marrakesh Agreement (particularly Article XI.2) and the Uruguay Round Ministers' Decision on 
Measures in Favour of Least -Developed Countries (paragraph 1).  JOB/GC/223/Rev.1  
 
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  and procedures should be simplified.  As part of positive facilitative approaches, the LDC Group 
welcomes the Secretariat 's recent  ongoing work on a "one-stop-shop" WTO Notification Portal . This 
portal was introduced in March in beta format at https://notifications.wto.org/en  in order to receive 
comments and feedback from Members. The LDC Group is exploring  feedback with the Secretariat 
to devise an LDC page within the WTO Notification Portal that could include  a filter to LDC Members 
and provide information about relevant LDC flexibilities . The Group would like to also call on relevant 
WTO bodies to introduce electronic notification systems that could be integrated into the full 
function ing of the newly introduced  WTO notification portal , now under construction . Nevertheless, 
these suggestions  from the LDC Group  should not be se en as a panacea to solve all of the difficulties 
faced by LDCs in notifications.   
11. The Secretariat is urged to continue  their laudable work  to provide the necessary support to 
LDC Members to overcome any perceived  shortcomings  in implementation in capital.  Such support 
might include enhance d technical assistance to developing countries and LDCs . A support plan may 
be developed  to create a nati onal framework that will enable LDC Members to respond effectively 
and in a timely manner to notification and transparency obligations.  
12. In addition, t he LDC Group does not support the imposition of punitive measures . Existing 
administrative  measures, inclu ding ineligibility for technical assistance due to arrears in WTO 
membership fees , should be reviewed and re-examined .  
Council and Committee  Meetings  
 
13. Since 2020, a ll meetings on negotiations and deliberations in the WTO were taken into account 
as LDCs faced the need to prioritise and look at other capacity options to keep up with meetings.  It 
appeared that longstanding rules that had been established to avoid overla pping  Council and 
negotiating meetings were abandoned until the learning curve improved.  Hybrid meetings have 
provided options for Members in terms of participation, including broader capital -based participation . 
However, logistics including required inter net connectivity and working ability from different time 
zones , have been challenging for the LDCs.   
14. With the eventual introduction of virtual platforms , internally and by the WTO , to convene 
meetings, deliberations and engagement among Members could also gradually recommence. 
Members and the Secretariat adapted to this method during the epidemiological situation in the 
absence of the in -person meetings. The pandemic situation improved and hybrid formats for WTO 
meetings were put in place.  However, the conc erns LDCs and other developing countries have raised 
over many years regarding scheduling conflicts, overlapping Council and negotiating group meetings 
had escalated.   
15. In order to facilitate the application of procedures in WTO Councils and Committees, the  LDC 
Group supports the need to clarify in advance the definition and scope of the notion of "trade 
concerns ."  The clarification would touch on what concerns can be brought by one Member to the 
attention of another  in those bodies .   
16. The LDC Group accepts  the potential benefits of improving the functioning of the WTO Councils 
and Committees through better and more structured meeting procedures. However, a challenge fo r 
LDCs are proposals for tightened deadlines, the structured written exchange between Members of 
information on trade -related measures, and related Chair consultative processes . These could 
impose a disproportionately greater burden on the LDC Members, given their lower capacity levels 
in capitals and Geneva.    
17. The LDC Group has adv ocated for more improvements to alleviate the problem of overlaps 
and proliferation of meetings on a multitude of issues and appreciates the efforts of Chairs and the 
Secretariat in this regard.  However,  more effort is needed to avoid scheduling  conflicts among  
various Councils and Committees, whether in-person, virtual or hybrid mode. In addition, the 
proliferation of open -ended meetings with no written records  should be avoided , and annotated 
agendas circulated prior to meetings should also be considered.  
18. Same day online summary notes and highlights of WTO regular meetings prepared by the 
relevant divisions are improvements and very helpful to LDCs.  Factual meeting notes accessible to JOB/GC/223/Rev.1  
 
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  LDC Group Members would be appreciated.  It might also be useful to have a one -stop online access  
to such summary meeting notes for the LDC Group .   
19. Given the language profile of many LDC Members, the Group also attaches great importance 
to the maintenance of full translation and interpretation services.  The LDC Group welcomes the 
improvements made on the WTO provision of interpretation in the three official languages.  
Interpretation is critical to avoid discrimination among Members and hinderances to their equal 
participation in consultations and negotiations.  For all meetings, this is also equally important to 
ensure LDC Members ' access to all WTO documents in the three languages.  
20. With respect to Ministerial Conferences, the LDC Group supports full transparency and 
inclusivity in decision -making in the prepara tion and organization  of the conferences both in terms 
of process and substance . Multilateral approaches should be encouraged with respect to the 
negotiation of  possible agreement s. 
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