JOB/DSB/5  
 
13 July 2023  
(23-4726) Page: 1/3 
 Original: English  
 
  
COMMUNICATION FROM THE AFRICAN GROUP ON DISPUTE SETTLEMENT REFORM  
The following communication, dated 1 3 July 2023, is being circulated at the request of the African 
Group.  
 
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1  INTRODUCTION  
1.1.  The dispute settlement system is recognized in Article 3.2 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes (DSU) as a central element in providing security 
and predictability to the multilateral trading system.  
1.2.  For almost two decades in the DSU negotiatio ns, the African Group was engaged constructively 
in the discussions to address the structural defects in the functioning of this central part of the WTO's 
legal and jurisdictional instruments. The Group submitted a number of communications and 
proposals1 aimed at making use of the WTO dispute settlement mechanism by all members, 
especially developing and least developing members, in order to safeguard and promote their 
interests in the multilateral trading system.  
1.3.  The African Group remains acutely concern ed with the need to enhance accessibility and find 
a solution to ensure the effective functioning of the WTO's Appellate Body as a legitimate forum 
where all Members can exercise equal opportunity in enforcing their rights.  
1.4.  The African Group presents this  communication in the spirit of being constructive and with a 
view towards facilitating a more inclusive process of negotiations on dispute settlement reform that 
sees more Members actively engaged and effectively participating in shaping the outcome.  
1.5.  This communication focuses on process issues and related principles. It does not include 
specific negotiating propositions. It is with no prejudice to the African Group’s negotiating position 
concerning specific substantive proposals.  
2  THE MANDATE  
Recalling  paragraph 3 of the MC12 Ministerial Outcome Document, which reaffirmed the foundational 
principles of the WTO and set out that the work on WTO reform shall be Member -driven, open, 
transparent, inclusive, and must address the interests of all Memb ers, including development issues;  
Recalling  paragraph 4 of the MC12 Ministerial Outcome Document, which recognizes the importance 
and urgency of addressing the challenges and concerns with respect to the dispute settlement 
system including those related to the Appellate Body, and the need to conduct discussions with the 
view to having a fully and well -functioning dispute settlement system accessible to all Members by 
2024.  
 
1 TN/DS/W/15 (25 September 2002); TN/CTD/W/3/Rev.2 (17 July 2002); TN/DS/W/42 (24 January 
2003); JOB(03)/55 (13 March 2003); TN/DS/W/92 (5 March 2008).  JOB/DSB/5  
 
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  Recognizing  that the reform of the WTO dispute settlement system will have signifi cant implications 
on the functioning of the entire multilateral trading system and is an issue of high importance for 
developing and least -developed countries;  
Taking note  of the work undertaken thus far under the informal process on dispute settlement and  
its potential contribution to the multilateral discussions.  
We The African Group,  
Reiterate  our commitment, to work constructively, through multilateral engagement, towards 
achieving the necessary and effective reforms in the WTO dispute settlement syste m, in accordance 
with the mandate of paragraphs 3 and 4 of the MC12 Ministerial Outcome Document, and while 
effectively reflecting the principle of special and differential treatment;  
Underline  the importance that the work on the WTO reform be conducted b y the General Council 
and its subsidiary bodies as agreed under paragraph 3 of the MC12 Ministerial Outcome Document;  
Stress  that the interests and priorities of the African Group must be effectively addressed in any 
final outcome of the Dispute settlement  reform process according to the understanding that nothing 
is agreed until everything is agreed; while ensuring that all issues under discussion are given equal 
attention.  
Call for  the commencement of an effective and inclusive multilateral process on dis pute settlement 
reform under the Dispute Settlement Body with a view towards achieving progress on the mandates 
of paragraph 3 and 4 of the MC12 Ministerial Outcome Document;  
Stress  the importance that the work to be undertaken under a multilateral process  and its methods 
of work should facilitate the participation of developing and least -developed countries, including 
delegations with limited resources, and conduct the work in a way that enhances inclusivity and 
transparency, and enable the full, effective  and equal participation of all Members;  
Underline  that the eventual text -based negotiations should only be undertaken under the proposed 
multilateral process.  
Emphasize  that, for the purposes of enhancing transparency and inclusivity, the methods of work to 
be adopted in any process should ensure that:  
i. Discussions and negotiations remain open to all delegations, and that Members are 
able to raise issues of concern to them throughout the process;  
ii. Multilaterally mandated facilitator or co -facilitators hold p eriodic formal transparency 
meetings for the entire WTO Membership in order to ensure that delegations unable 
to participate in some meetings are kept updated;  
iii. All Members have effective access to all information within this process;  
iv. The allocation of time  to different issues of concern to Members be undertaken in a 
participatory and inclusive manner, enabling a balanced agenda that is multilaterally 
agreed, balanced discussions, and a balanced outcome;  
v. The agenda of work be circulated within a reasonable p eriod of time ahead of meetings, 
to allow delegations time to properly prepare for the meetings;  
vi. The pace of scheduled meetings allows delegations with limited capacities and human 
resources a reasonable opportunity to participate in the meetings or be fu lly updated 
on a periodic basis, and thereby allow time to consult with capitals and regional 
groupings;  
vii. Parallel meetings in small group configurations be reasonably paced to ensure effective 
participation of small delegations and report of small groups meetings should form 
part of the updates to be issued at the transparency meetings;  JOB/DSB/5  
 
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  viii. The participation of all Members be enabled through different means, including oral or 
written submissions by individual Members, regional groupings or coalitions, as well 
as through in -person and virtual participation.  
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