WT/GC/W/932  
 
7 May 2024  
(24-3634) Page: 1/2 
General Council  Original: English  
 
PRESERVING THE CURRENT PRACTICE OF CONSENSUS -BASED DECISION -MAKING  
IN THE WTO  
COMMUNICATION FROM SAMOA ON BEHALF OF THE AFRICAN, CARIBBEAN AND PACIFIC GROUP  
The following communication, dated 7 May 2024, is being circulated at the request of  the delegation 
of Samoa on behalf of the African, Caribbean and Pacific (ACP) Group.  
 
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1  INTRODUCTION  
1.1.  Article IX, paragraph 1 of the Marrakesh Agreement establishing the World Trade Organizat ion 
(WTO) states that "The WTO shall continue the practice of decision -making by consensus followed 
under GATT 1947.1 Except as otherwise provided, where a decision cannot be arrived at by 
consensus, the matter at issue shall be decided by voting. At meet ings of the Ministerial Conference 
and the General Council, each Member of the WTO shall have one vote. " 
1.2.  The principle of consensus -based decision making represents a tradition that goes back three -
quarters of a century in the multilateral trading system a nd thus can be seen as part of not only 
treaty law, but also customary international law as verified by constant practice. Among international 
organizations, the WTO stands out as one of the few that allows each of its Members, irrespective 
of its size or level of development, the wherewithal to secure certain outcomes in its interests 
through consensus -based decision -making. By comparison, other key international organizations 
rely on power dynamics or other approaches such as quota -based systems as the ba sis for decision -
making.  
1.3.  Importantly, the Marrakesh Agreement does not qualify consensus with terms such as 
"responsible ", "constructive " or "flexible ". Therefore, it does appear that the letter, spirit and intent 
of the Marrakesh Agreement provide for an  approach to consensus -based decision -making which is 
unqualified.  
2  WHY SHOULD THE WTO PRESERVE CONSENSUS -BASED DECISION -MAKING?  
2.1.  The current consensus system is a representation equity in the WTO. Essentially, the consensus 
system sends an important message that all Members are equal and as such, each Member must 
have a stake in securing outcomes which are favourable . Especially for  the smallest, poorest and 
most vulnerable Members of the WTO, consensus -based decision -making protects them from the 
vagaries of power dynamics.  
 
1 The body concerned shall be deemed to have decided by consensus on a matter submitted for its 
consideration, if no Member, present at the meeting when the decision is taken, formally objects to the proposed 
decision.   WT/GC/W/932  
 
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  3  CONCLUSION  
3.1.  The ACP Group has systemic concerns regarding any attempt to alter the status -quo with 
respect to  the consensus system in WTO decision -making. Therefore, the Group strongly objects to 
the introduction of any qualification or modification which departs from existing treaty rights under 
the Marrakesh Agreement.  
3.2.  The consensus principle goes to the heart  of the WTO system and it provides a fundamental 
guarantee which is a non -negotiable for the ACP. In essence, the current and long -standing practice 
of decision -making by consensus gives all Members an equal say in the WTO which is not based on 
political p ower or level of development.   
3.3.  Rather than seeking to alter Members ' existing rights with respect to consensus -based decision 
making, it would be more beneficial for the entire membership to focus on trust -building activities. 
Where trust exists and is rec iprocated - where there is confidence in institutions and systems – all 
Members will achieve more. To alter the status quo would be to undermine trust and ultimately 
achieve less.  
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