WT/MIN(21)/2  
 
27 October 2021  
(21-8142) Page: 1/7 
Ministerial Conference  
Twelfth Session  
Geneva, 30 November -3 December 2021  Original: English/French  
 
LDC MINISTERIAL  DECLARATION  
FOR THE TWELFTH WTO MINISTERIAL CONFERENCE 2021  
The following communication, dated 25 October 2021, is being circulated at the request of the 
delegation of Chad on behalf of the LDC Group.  
 
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We, the Ministers  of the Least  Developed  Countries,  
 
Meeting in virtual mode , on 19 October 2021, in the run up to the Twelfth Session of the WTO  
Ministerial  Conference (MC12);  
 
Committed to maintain the rules -based, transparent, non -discriminatory, open and inclusive 
multilateral trading system as embodied in the World Trade Organization (WTO)  and as enshrined 
in the Marrakesh Agreement ; 
 
Determined to maintain the integrity of the WTO as the rules -based fair and equi table multilateral  
trade institution,  as enshrined  in the WTO Marrakech  Agreement;  
 
Recalling the commitments made by Ministers at all WTO Ministerial Conferences since Marrakech in 
1994, as well as by the international  community at the Fourth UN Conference on Least Developed 
Countries in Istanbul in 2011, to  assist Least Developed Countries (LDCs) to secure beneficial and 
meaningful gains from the  multilateral  trading  system  and the global  economy;  
 
Noting the long -lasting impact of COVID -19 global pandemic on trade, economy, societies and health 
of the LDCs resulting in reversal of vital gains made by LDCs toward achieving objectives and targets 
of the Istanbul Declaration and the Programme of Action for the Least Developed Countries for t he 
Decade 2011 –2020 (Istanbul Programme of Actions) and the 2030 Agenda for Sustainable 
Development ; 
 
Emphasiz ing the need for equitable access and expeditious distribution of effective and safe 
COVID -19 vaccines for LDCs to combat the pandemic toward econ omic recovery, resilient and 
sustainable development ;  
 
Further noting  the preparatory work underway on the outcome document for the Fifth United Nations 
Conference on the Least Developed Countries (LDC5) to be held in Doha, Qatar from 23 to 
27 January 2022;  
 
Reaffirming all our LDC Declarations, in particular most recently at Buenos Aires during the Eleventh 
WTO Ministerial  Conference in  2017;  
 
Applauding the Decision taken in the Council for Trade -Related Intellectual Property Rights (TRIPS) 
on 29 June 2021 to extend the transition period for LDCs pursuant to Article 66.1 of the TRIPS 
Agreement, until 1 July 2034 and the accord to engage in effective discussion in addressing the 
post-graduation aspect under the LDC proposal submitted to the Gen eral Council for MC12 on 
graduation;  
 WT/MIN(21)/2  
 
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  Emphasizing strongly that development and special and differential treatment for developing  
countries,  in particular  LDCs,  must remain  central  and crucial  for integration into, and the credibility  
and efficiency  of, the multilateral trading system with a view to promote industrialization, economic  
diversification, and addressing the impact of climate change, which become more pertinent in the 
aftermath of the COVID -19 pandemic;  
 
Recalling that both the 2030 Agenda for Sustainable Development and Istanbul Programme of Action 
set a target for doubling the share of LDCs in global export from 1% to 2% by 2020; and concerned 
that despite the rising share of LDCs' in global exports during the period between 2010  and 2013,  
LDCs experienced fluctuating declines  from 1.07%  to 0.91%  in 2016, 0.98% in 2017 and 1% 2018, 
1.03% in 2019, and 1% in 2020 further exacerbated by the devastating impact of the COVID -19 
global pandemic in 2020;  
 
Recognizing the importance of rebuildi ng our economies, ensuring health and protection of our 
peoples, increased trading opportunities, in the aftermath of COVID -19, and the potential threat of 
further consequences from the pandemic;  
 
Further recognizing  the need for continued targeted,  susta inably  financed  technical  assistance  and 
capacity -building  programmes  in favour of LDCs to meet  our development objectives;  
 
Noting the importance of taking positive measures in the WTO in favour of graduated LDCs in 
addressing the  challenges  resulting  from graduation and at the same time making the transition 
sustainable and graduation with momentum;  
 
Hereby  declare  the following:  
LDC SPECIFIC PRIORITIES  
1  EFFECTIVE IMPLEMENTATION OF COMMITMENTS IN FAVOUR OF LDCS  
1.1  Preferential Rules of Origin  
1.1.1  We call on WTO Members to commit to the shared responsibility to identify and address the 
specific challenges that LDCs face in effectively using trade preferences. Towards that end, we urge 
WTO members to reinvigorate and strengthen the mandate of the Committee of Rules of Origin to 
implement the Nairobi decision and further examine the linkages between the existing origin 
requirements and the utilization of trade preferences, adopt  best practices on preferential rules of 
origin and relat ed administrative requirements and report at the next Ministerial conference.  
1.2  LDC Services Waiver  
1.2.1 We call on Ministers to agree to the following in an effort to improve the implementation of 
the letter and spirit of the LDC Services Waiver Decisions  and notifications of preferential treatment 
accorded to LDC services suppliers submitted to the WTO by Members to date:  
 
a. The WTO Secretariat shall explore improvements in LDC services exports;  
b. The WTO Secretariat shall monitor LDC services suppliers and consumers of LDC services 
in preference providing Members' markets;  
c. Evaluate options beyond the preferences themselves, to facilitate the use of preferences;  
d. Evaluate if any changes in information on LDC services improves  or new opportunities  
emerge  since the COVID -19 pandemic;  
e. Members having notified preferences are urged to introduce programmes to orient LDC 
suppliers of services and consumers of services from LDCs in the preference providing 
country, to the LDC services waiver notifications they have m ade; and  
f. Agree that the waiver should be made permanent given the difficulties to track the data 
and information difficulties faced, as well as fluctuating capacities in LDCs.  WT/MIN(21)/2  
 
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  1.3  Duty -Free Quota Free Market Access  
1.3.1  We recall the Bali Ministerial Decision on Du ty Free Quota Free Market Access  for LDCs 
(WT/MIN(13)/44, WT/L/919). Members are encouraged to fulfil the mandate in this decision to 
provide at least 97 per  cent of products from LDCs.  
1.3.2  We thank the Members who have already taken steps to implement this d ecision and invite 
them to improve their programmes. In addition, we request that Members reduce non -tariff barriers , 
especially sanitary and phytosanitary measures,  impacting LDC market access afforded under DFQF 
schemes.  We also call for the Committee on  Trade and Development to re -commence the annual 
review process on preferential DFQF market access for LDCs.  
1.3.3  We further draw Members ' attention to the Ministerial Decision taken on Cotton at the WTO 
Tenth Ministerial Conference in Nairobi (WT/MIN(15)/46, WT/L/981) and urge Members to reaffirm 
their commitments in accordance with paragraphs 2 – 5.  
POSITIVE ACTIONS FOR LDC ON GRADUATION  
1.4  Decisions on Graduation  
1.4.1  We recall that paragraphs 8 -10 of the UN General Assembly (UNGA) Resolution 59/209 of 
20 December 2004 on "Smooth transition strategy for countries graduating from the list of least 
developed countries" and paragraphs 15 -17 of the General Assembly Resolution 67/221 of 
21 December 2012 on "Smooth transition for countries graduating from the lis t of least developed 
countries" invit ing "all members of the World Trade Organization to consider extending to graduated 
countries the existing special and differential treatment measures and exemptions available to least 
developed countries for a period a ppropriate to the development situation of the country".  
1.4.2  We emphasize the need for fresh support measures by the development partners targeted to 
LDCs after graduation to ensure smooth and sustainable transition and graduation with momentum.  
1.4.3  We also recog nize that the UNGA resolutions also invite LDC trading partners to establish 
procedures for extending or phasing out preferential market access, and to continue providing 
technical assistance to graduated countries over a certain period.  
1.4.4  At the Eleventh M inisterial Conference (MC11), we, the Ministers of  LDCs called for positive 
actions in favour of LDCs on Graduation (WT/MIN(17)/40). In this regard, we draw Ministers' 
attention to the proposals our Group made since MC11, in particular a draft Ministerial decision 
proposing the extension of LDC -specific provisions and exemptions to all LDCs for twelve years after 
their effective date of graduation from the LDC category contained in document WT/GC/W/807. We, 
therefore, request that at MC12 Ministers agree to  the interim arrangement proposed in document 
WT/GC/W/829  to ensure a future package of benefits, based on the elements of WT/GC/W/807, for 
the graduated LDCs ahead of the MC13.  
1.4.5  We emphasize the need for an outcome on our proposals contained in documents 
WT/GC/W/742 and G/C/W/752, which are being considered by the General Council and the Council 
for Trade in Goods, with a view to correct a technical omission so that LDCs, currently listed in the 
Annex VII A, still having GNI per capita below USD 1'000 in 1 990 US dollar in constant term after 
their graduation can continue to benefit from the flexibility under Article 27 of the Agreement on 
Subsidies and Countervailing Measures. We note that some non -LDC developing countries have been 
eligible to this flexibi lity under similar threshold; therefore, the equally qualified LDCs after 
graduation should also retain similar rights. We further note that the need for this policy space for 
graduated LDCs remains important and we urge Members to resolve this long pendin g issue.  
1.5  Accessions  
1.5.1  We note with regret that, despite the rigorous work of acceding LDCs, no new accession to 
the WTO took place since July 2016 when Afghanistan and Liberia became members of the 
Organization . In this regard, the impact of the COVID -19 pandemic would be a factor, however, 
work has continued. We therefore call on  Members to fully implement the 2002 LDC Accession 
Guidelines, which was revised and strengthened in 2012, as the accession instruments fo r LDCs. We WT/MIN(21)/2  
 
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  further call on Members to refrain from seeking  concessions and commitments beyond the 
benchmark levels set for an average tariff and binding coverage on goods  and market access  opening  
for services  stipulated  in Addendum  I. 
2  SELECTED PRIORITY AR EAS IN COMMON WITH OTHER MEMBERS  
2.1  Trade -related response to COVID -19  
2.1.1  We support the initiative of the Director -General and the General Council Chair to identify 
horizontal solutions for the WTO that would contribute to the world efforts to recover from the  
COVID -19 pandemic. We draw Ministers' attention to our communication in May 2020 on this subject 
contained in document WT/GC/211. We noted and are mindful that all countries needed to safeguard 
the lives and health of their peoples. However, we urged Memb ers to refrain from imposing export 
restrictions on imports destined to LDCs of essential medical and basic food products LDCs rely on 
to sustain our societies.  
2.1.2  In this regard, we called on Members not to impose export restrictions inconsistent with WTO 
rules and to expedite and facilitate the flow and transit of foodstuffs and  essential medical products 
to address COVID -19.  
2.1.3  We, the LDC Ministers, also confirm our support for an agreement under the TRIPS vaccine 
waiver proposal as well as other proposals to support supply chains, scaled up production and 
diversified distribution through the unhindered supply of necessary ingre dients for vaccines and 
transfer of technical know -how to the countries which have manufacturing capacities, and final 
delivery to all Members, especially the LDCs. We also confirm our support for affordable, timely, 
efficacious and effective access to vac cines, therapeutics, and medical equipment for the treatment 
and containment of the COVID -19 and its variants.  
2.2  Disciplines  on Fisheries  Subsidies  
2.2.1  We support multilateral negotiations and agreement on fisheries subsidies disciplines that  
prohibit certain fo rms of fisheries subsidies that contribute to illegal, unreported, and unregulated  
fishing  (IUU) and  overfishing  and overcapacity  including  effective  and appropriate  special  and 
differential treatment, in accordance with the Doha and Hong Kong Ministerial mandates, and 
SDG 14.6.  
2.2.2  We, therefore, call for an agreement on disciplines at MC12, that are balanced and 
proportionate to the responsibility of Members and with the prohibition of certain subsidies that 
encourage harmful fishing at a global scale. LDCs are not the contributors to overfishing and 
overcapacity and therefore should be exempted from such subsidies disciplines without any 
geographical limitations. In that regard, the LDC text proposals submitted in the negotiations shall 
be given priority con sideration , with a full exclusion of artisanal and small scale fishing and any 
appropriate capacity building assistance . Particular attention should be given to special and 
differential treatment for LDCs and extending such provision for any LDC once they graduate , for a 
certain number of years to allow their smooth graduation . 
2.3  Agriculture Negotiations  
2.3.1  We reiterate the need for reform in the Agreement on Agriculture with priority given to issues 
related to food security, which are critical to promoting  resilience in agriculture trade and for which 
Ministerial mandates exist, such as trade distorting domestic support including cotton, the special 
safeguard mechanism and public stockholding for food security purposes.  
2.3.2  Special and differential treatment ta king into account the development and food security 
needs of LDCs should result in LDCs being exempted from any reduction commitments, in future 
negotiations in accordance with all our mandates originating under the Agreement on Agriculture 
Article 20 and Article 15.2 and Article XI.2 of the Agreement Establishing the WTO.  
2.3.3  On domestic support, post -MC12 negotiations should result in substantial cuts in trade -
distorting domestic support and reduce existing asymmetries in domestic support by gradually 
eliminating AMS entitlements above de minimis  levels. In order to avoid exce ssive product WT/MIN(21)/2  
 
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  concentration, negotiations should establish a product specific limit to domestic support. We also 
call for a review of green box criteria to ensure that such support only has no, or at most minimal, 
trade distorting effects.  
2.3.4  We recall the i mportance of fully implementing the commitments contained in the Nairobi 
Ministerial Decision on Cotton across all three pillars of Market Access, Domestic Support, and Export 
Competition during the Dedicated Discussions on Cotton. We call upon Members to agree to the 
elimination of domestic support on cotton at MC12.  
2.3.5  Regarding the Bali and Nairobi Decisions on public stockholding for food security purposes, 
and noting that the scope of the interim mechanism established in Bali covers only existing 
program mes, a permanent solution shall include future programmes and take into account the needs 
of LDCs that do not yet have public stockholding programs.  
2.3.6  We reiterate that the establishment of a special safeguard mechanism to offset the negative 
impact of pric e volatility and import surges on resource poor farmers is an important aspect for 
LDCs. We call on Members to achieve a rapid solution on this issue as well, in line with the mandate 
we gave at MC10 in Nairobi.  
2.3.7  We call on Members not to impose export proh ibitions or restrictions within the meaning of 
Article XI:1 of the GATT 1994, on foodstuffs purchased for non -commercial humanitarian purposes 
by the World Food Programme (WFP) when such purchases are in compliance with the "do -no-harm" 
principle underlyin g WFP's procurement policy, and when they ensure that the supplying Member's 
food security is not jeopardized.  
2.4  Outstanding Special and Differential Treatment Agreement Specific Proposals  
2.4.1  LDC Members of the G90 support the proposal submitted to the General Council for 
consideration in the work for MC12, and urge Members to interact positively on pragmatic solutions 
for this unfinished business in the agenda of the WTO for more than twenty years.  
2.4.2  We reaffirm the importance of the Special and differential tre atment for the LDCs to achieve 
structural economic transformation and take full advantage of international trade. We remain 
engaged to work with all of the membership.  
2.5  WTO Reform and Revival of the WTO Appellate Body  
2.5.1  We recall our communication on WTO Refo rm contained in document JOB/GC/223, in 
particular on restarting appointment of Appellate Body members. The Appellate Body is a critical 
arm of the WTO system, without which the mechanism is weakened. We call on Ministers to agree 
to expeditiously reconsti tute the Appellate Body and ensure promulgation of the necessary rules to 
build trust in the procedures and operation of the Appellate Body.  
2.5.2  We support the call of the Director -General for the establishment of a working group on WTO 
Reform. We request that  the mandate of the working group be based on the core principles and 
purpose of the WTO as a Member driven, consensus decision -making, rules -based multilateral 
organization. Transparency and non -discrimination are also pillars of the WTO. Reform 
improveme nts in notification and implementation obligations shall not introduce punitive measures 
or additional burdensome obligations for the LDCs.  
2.5.3  We urge the WTO Secretariat to provide us with the necessary support to overcome any 
observed shortcomings or diffic ulties to implement notification obligations, and to develop a full 
support plan to create a national framework that will enable LDC Members to respond effectively 
and in a timely manner to notification and transparency obligations.  
2.5.4  Considering that WTO Re form must include the characteristics of its Membership, we 
encourage a process on WTO reform to include deliberation on proposals of all Members in a fair, 
transparent, and non -discriminatory manner.  WT/MIN(21)/2  
 
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  2.6  Electronic  Commerce Declaration  
2.6.1  We remain committed to finding a solution under the Work Programme on e -commerce. We 
call on Members to take into account our challenges in the utilization of e -commerce, which we 
communicated in document WT/GC/W/787, when taking further steps on the electronic commerce 
decision  of December 2019 (WT/L/1079).  
2.7  TRIPS Agreement   
2.7.1  We urge developed Members to implement more effectively their obligations under 
Article  66.2 of the TRIPS Agreement and provide incentives for their enterprises and institutions to 
promote the transfer of te chnology to LDCs, so that our countries are able to create a sound and 
viable technological base. The relevant institutions and enterprises in the developed countries must 
be compelled to transfer the necessary technology with clear evidence and precision.   
2.7.2  We urge Members to agree at MC12 on a permanent moratorium on the application of 
Article  XXIII subparagraphs 1(b) and 1(c) of GATT 1994 on non -violation and situation complaints 
to the TRIPS Agreement.  
2.8  Trade  Facilitation  Agreement Review  
2.8.1  We welcome the first four -year review of the Trade Facilitation Agreement (TFA). We urge 
Members to take into account and incorporate into the review solutions in response to our 
communications contained in documents G/TFA/W/58 and G/TFA/W/59. We appreciat e the WTO 
Secretariat, TFAF, and all partners, multilateral and bilateral, for their assistance on notifications 
and implementation of the provisions of the TFA. We urge all partners to continue their  exemplary 
work to support LDCs' full implementation of the TFA provisions.  
2.9   Enhanced  Integrated  Framework  
2.9.1  We recognize the role of the Enhanced Integrated Framework (EIF) as the only aid for trade 
agency  dedicated to LDCs and we appreciate its substantial contribution in supporting LDC efforts 
to integrate int o the multilateral trading system and to build their trade related capacity towards 
achieving their development objectives and Sustainable Development Goals.  
2.9.2  We appreciate the EIF for putting in place a procedure for smooth graduation transition.  
2.9.3  We welcom e tangible results achieved and the efforts made by the EIF during the global health 
crisis to enhance LDCs' trading capacity by empowering women, supporting micro -small and medium 
enterprises, and improving digital skills in order to diversify LDC economi es. 
2.9.4  Building on the achievements made so far, we call upon the EIF partnership to provide 
financial and technical support for the continuation of the EIF beyond the current phase in order to 
further enhance the institutional and productive capacity of the LDCs , including those in the process 
of graduation, and in line with the Sustainable Development Goals and the principle of leaving no 
LDC behind.  
2.10  Aid for Trade  (AfT)  
2.10.1   We noted with concern the negative impacts of the COVID -19 pandemic on the LDC 
economies. Suc h reality reveals clearly the extent to which the LDCs need to  strengthen their 
economic resilience and ability to respond to crises and shocks. In this regard, we welcome the new 
aid for trade work programme for 2020 -2022 and beyond as well as the results  of the aid for trade 
stocktaking event held in March 2021.  
2.10.2   We recognize the importance of aid for trade initiatives in trade -related capacity building, 
addressing supply -side bottlenecks and development of trade -related infrastructure, and facilitating 
integration of LDC economies in regional and global trade.  
2.10.3   We therefore call upon development partners to prioritize projects identified by LDC 
governments in accordance with their needs and development objectives.  WT/MIN(21)/2  
 
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  2.10.4   Aid for trade should not substitute offici al development assistance (ODA). We urge 
development partners to provide additional flows of aid for trade to fully implement trade -related 
capacity -building activities identified in the WTO aid for trade programme 2020 -2022 in favour of 
the LDCs. Moreover , we urge partners to continue to fund the complementary technical advisory 
support enjoyed by the LDC Group to date that has built our capacity to participate in negotiations 
and all deliberations in the WTO and the multilateral trading system.  
 
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