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WT/MIN(15)/W/33
9 December 2015
(15-6505)  Page: 1/5
Ministerial Conference 
Tenth Session 
Nairobi, 15-18 December 2015  Original: English
 
  
[DRAFT 
 
Nairobi Ministerial Declaration 
 
PART I 
 
Preamble 
 1. We, the Ministers, have met in Nairobi, Kenya, from 15 to 18 December 2015 at our Tenth 
Session. As we conclude our Session, we would like to express our deep appreciation to the 
Government and people of Kenya for the exceptional organization and the warm hospitality we have received in Nairobi. 
2. We note that our Tenth Session takes place as we mark the twentieth anniversary since the 
establishment of the WTO. On this occasion, we underline the crucial importance of the multilateral rules-based trading system and reaffirm the principles and objectives set out in the Marrakesh Agreement Establishing the World Trade Organization. 
2bis [We reaffirm the Doha Development Agenda (DDA), and the Declarations and 
Decisions adopted at Doha and at the Mini sterial Conferences held since then, and 
further reaffirm our full commitment to conclu de the DDA negotiations on that basis.]  
2ter [We reaffirm the Doha Development Agenda (DDA), and the Declarations and 
Decisions adopted at Doha and at the Minist erial Conferences held since then including 
the Decision adopted by the General Council on 1 August 2004, and further reaffirm our 
full commitment to conclude the DDA negotiations on that basis.] 
3. We reaffirm the pre-eminence of the WTO as  the global forum for trade rules setting and 
governance. We acknowledge the contribution that the rules-based multilateral trading system has 
made to the strength and stability of the global economy. We reaffirm the value of our consistent 
practice of taking decisions through a transpar ent, inclusive, consensus-based, Member-driven 
process. 
4. We note with concern the slow and uneven re covery from the severe economic and financial 
crisis of 2008, resulting in lower global economic growth, depressed agricultural and other 
commodity prices, raising inequalities, unemployment and significantly slower expansion of international trade in recent years. We acknowledge that international trade can play a role 
towards achieving sustainable, robust and balanced growth for all.  
5. We pledge to strengthen the multilateral trading system so that it provides a strong impetus 
to inclusive prosperity and welfare for all Members and responds to the specific development needs of developing [ country ] Members, in particular [the small and vulnerable amongst them, and] the 
least developed country Members. 
6bis We acknowledge that international trade can play a major role in the promotion of economic 
development and the alleviation of poverty. We recognize the need for all our peoples to benefit 
from the increased opportunities and welfare gains that the multilateral trading system generates. 
The majority of WTO Members are developing countries. We seek to place their needs and interests at the centre of the work in the WTO. WT/MIN(15)/W/33 
 
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  6. We reaffirm the centrality of development in the WTO's work and commit to continuing to 
make positive efforts designed to ensure that developing [ country ] Members, and especially the 
[small and vulnerable economies and ] least-developed country Members, secure a share in the 
growth of world trade commensurate with th e needs of their economic development.  
7. We recognize the role the WTO can play in contributing towards achievement of the 2030 
Sustainable Development Goals, in so far as they relate to the WTO mandate, and bearing in mind the authority of the WTO Ministerial Conference. 
8. We recognize the importance of strengthened coherence in global economic policy-making. 
We underscore the Marrakesh coherence mandate, and encourage initiatives for cooperation with other international organizations in pursuit of our common objectives, while respecting the competence of each organization. 
WTO's twentieth anniversary – achievements and challenges 
 9. On the occasion of the WTO's twentieth anniversary, we acknowledge important 
achievements under the functions of the Organiza tion described in Article III of the Marrakesh 
Agreement. 
10. We reaffirm the importance of work in regula r bodies in furthering the objectives of the WTO 
Agreements and in facilitating meaningful exch ange of information and sharing of experiences 
regarding the effective implementation and operatio n of their provisions. We note that the WTO's 
trade monitoring work, including trade policy reviews, has contributed consistently to the functioning of the multilateral trading system , by achieving greater transparency in, and 
understanding of, the trade policies and practices of Members. 
11. We reiterate that the WTO shall remain the main forum to negotiate multilateral trade rules. 
We have made some progress in the negotiations.
1 [We will redouble our efforts to build on the 
progress that has been achieved. ] We recall the adoption of the Protocol Amending the TRIPS 
Agreement. At our Fourth Session, we launched for the first time in the history of the GATT and the WTO, a Development Round; the Doha Work Programme
2. [We [welcome / draw particular 
attention to] the adoption of the Agreement on Trade Facilitation (TFA) as the first multilateral 
agreement since the establishment of the WTO. We commend those Members that have already accepted the respective Protocols and look forward to additional acceptances. We draw particular 
attention to the Decisions and the Declaration listed in Parts I and II of the Bali Ministerial 
Declaration, and  [welcome]  the subsequent General Council Decision of November 2014 on Public 
Stockholding for Food Security Purposes.]  We note, however, that much less progress has been 
made in Agriculture [ , NAMA ] [, Services ] [, Rules ] [, Development ] and other central components 
of the WTO's negotiating agenda / [We are partic ularly concerned with the lack of progress in 
issues under the built-in agenda, such as Agriculture and Services].  
13. We note that the Dispute Settlement Unders tanding (DSU) continues to offer a means for 
the settlement of disputes among Members that is  unique in international agreements. The system 
has dealt with a large and growing number of disputes, demonstrating Members' continuing confidence in it. We recognize that the increasing number and growing complexity of disputes present challenges to the system. We therefore commit to pursue and renew efforts to address 
current challenges and to further strengthen the system, including through effective 
implementation of the rulings and recommendat ions of the Dispute Settlement Body (DSB). 
15. We recall the commitments made by Ministers at  all of our previous sessions, as well as by 
the international community at the Fourth UN Conference on Least-Developed Countries in 
Istanbul, to assist LDCs secure beneficial and meaningful integration into the multilateral trading system and the global economy. We recognize that LDCs remain vulnerable and continue to face 
structural difficulties in the global economy. We underscore the continued importance of initiatives 
aimed at fully and meaningfully integrating LDCs into the multilateral trading system in a more 
effective manner.  
                                               
1 To be revisited after resolution of  paragraphs 2bis and 2ter, 23, 24. 
2 [Consistent use of Doha Development Agenda / Doha Work Programme across the document.] WT/MIN(15)/W/33 
 
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  16. We recognize the contribution of the Enhanced Integrated Framework (EIF) in 
mainstreaming trade in development policies of LDCs and building their trade capacity. This 
significant role in helping LDCs achieve their development objectives is duly recognized by the 2030 Agenda for Sustainable Development. We are determined to further intensify our efforts to 
secure the necessary level of financial contributions to the program with the view to enabling the 
delivery of predictable trade-related support to LD Cs, based on the programme needs as set out in 
the EIF Phase Two Programme Framework. 
17. We recognize the importance of the Aid for Trade initiative in supporting developing country 
Members to build supply-side capacity and trade-rela ted infrastructure and we shall accord priority 
to the LDCs' needs. We take note of the outcomes  of the WTO global reviews on Aid for Trade, in 
particular the Fifth Global Review, and recognize the continuing need for this initiative.  
18. We note the substantial progress in WTO's te chnical assistance and capacity building, which 
focus on the needs and priorities of beneficiary Members. We recognize that dedicated facilities such as the Standards and Trade Development Fa cility and the Trade Facilitation Agreement 
Facility are making an important contribution towards assisting developing country Members and 
LDCs to implement relevant WTO agreements. We also reiterate the importance of targeted and 
sustainable financial, technical, and capacity building assistance programmes to support the 
developing countries, in particular LDCs, to implement their agreements, to adjust to the reform 
process, and to benefit from opportunities presented.  
19. We celebrate the enlargement of the Orga nization by accessions in accordance with 
Article XII of the Marrakesh Agreement. We note th at the accessions of the Republic of Yemen, the 
Republic of Seychelles and the Republic of Kazakh stan to the WTO have been completed since our 
last Session. In particular, we note with satisfaction that this Conference has completed the accession procedures for two least-developed countries, the Republic of Liberia and the Islamic 
Republic of Afghanistan. We recognize the exte nsive commitments and the contribution of the 
Article XII Members resulting from their accessions to the strengthening of the multilateral trading 
system. We will work jointly on the expeditious completion of current accessions. We remain 
committed to efforts to facilitate accessions and provide technical assistance to acceding countries, 
including in the post-accession phase. 
12. As we recognize the centrality and primacy of the multilateral trading system, we note that 
WTO Members have also successfully worked and reached agreements in plurilateral formats. 
20. We take note of the reports from the General Council and its subsidiary bodies. We welcome 
the progress arising from these reports, and the Decisions stemming from them, in strengthening 
the effectiveness of the WTO as an organisation and the multilateral trading system as a whole. 
 
PART II 
 
Regular work under the General Council 
 21. [We welcome the following decisions we have adopted at this Session: 
• [TRIPS Non-violation and Situation Complaints – Draft Ministerial Decision] 
• [Work Programme on Electronic Commerce – Draft Ministerial Decision]  
• [Work Programme on Small Economies – Draft Ministerial Decision]  
• [Any additional decision to be inserted] 
 
22. We further welcome the adoption by the TRIP S Council of the Decision on the Extension of 
the Transition Period under Article 66.1 of the TRIPS Agreement for Least-developed Country 
Members for certain obligations with respect to pharmaceutical products as well as the related 
Waiver Decision adopted by the General Council concerning least-developed country Members obligations under Article 70.8 and 70.9 of the TRIPS Agreement.]  
 WT/MIN(15)/W/33 
 
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  Doha Development Agenda 
x. [We welcome the progress in the DDA, which is embodied in the following Decisions and 
Declarations we have adopted at our Tenth Session:]  
PART III 
23quinquies1  [We reaffirm the Ministerial Declar ations and General Council Decisions 
relevant to the Doha mandates; and commit to take concrete steps to conclude the remaining issues in the Doha Developm ent Agenda, with development as a key 
component.] 
23quinquies2  [We further urge that we ensure that post -Nairob i, all unresolved 
issues in the DDA on the development mandate are addressed with a view to yielding specific development milestones to co nclude the DDA as soon as possible".] 
23. [We welcome the advances made in the Doha Development Agenda. We regret that it has 
not been possible to reach agreement on all areas of the negotiations, including Agriculture, NAMA, Services, Rules, including fisheries subsidies, and TRIPS. In particular, we note the 
importance of agriculture to many WTO Members, including LDCs. We will therefore address all 
aspects of agriculture reform as a matter of priority [, including those that impact most on 
food security of members which lack financia l resources to support their agriculture.   
We note the progress made so  far on stabilized principles for flexibilities for developing 
countries, in particular LDCs and SVEs] .]  
23bis [We reaffirm the Doha Development Agenda (DDA), and the Declarations and 
Decisions adopted at Doha and at the Mini sterial Conferences held since then, and 
further reaffirm our full commitment to conc lude the DDA negotiations on that basis.] 
23ter [We reaffirm the Doha Development Agenda (DDA), and the Declarations and 
Decisions adopted at Doha and at the Minist erial Conferences held since then including 
the Decision adopted by the General Council on 1 August 2004, and further reaffirm our 
full commitment to conclude the DDA negotiations on that basis.] 
23quater1 [On the future of the Doha Developmen t Agenda and the negotiating function 
of the WTO, we take note of significantl y different perspectives, which remain very 
difficult to reconcile. Despite candid discu ssions and serious efforts, we have yet to 
reach an agreement on this key question.] 
23quater2  [We nonetheless agree that the outstanding issues of the DDA should 
continue to be addressed in the WTO. Based on this common understanding, we instruct 
the officials to continue deliberations on ho w best to deal with these issues, with the 
aim of agreeing on a way forward before th e end of 2016. We ask them to identify a 
negotiating approach conducive to an ag reement, while taking advantage of the 
significant progress which has been made so far, including Ministerial Declarations and 
other Decisions adopted in the context of the DDA, to the extent that it contributes to 
building consensus.] 
x. [ In this context, we agree to address as a ma tter of high priority the pending negotiating 
issues of agriculture. We recall the centrality of agriculture for development, regret the lack of implementation of Article 20 of the Agreement on Agriculture and stress the aim to achieve 
substantial reduction in distortive domestic support, substantial improvements in market access 
and the total phasing out of export subsidies and equivalent measures [in accordance with the Doha Round mandate]. Special and differential treatment will be an integral part of these 
negotiations. ] 
24. [In reaffirming the centrality of  development, we agree that the principles of Special and 
Differential Treatment and Less Than Full Reciprocity for developing and least-developed country 
Members shall remain integral parts of the WTO's future work. [In the case of services, 
negotiations shall be consistent with  the GATS architecture and mandates.]  WT/MIN(15)/W/33 
 
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  24bis [ We agree that special and differential treatment for developing countries, in particular least 
developed countries shall be an integral part of all WTO outcomes and shall be embodied in schedules of concessions and commitments as appr opriate and in the rules and disciplines to be 
negotiated, so as to be operationally effective an d to enable developing countries, in particular 
least developed countries to effectively take acco unt of their development needs, as set out in 
paragraph 13 and 16 of the Doha Ministerial Declaration. ]   
25. We strongly commit to addressing the marginalization of LDCs in international trade and to 
improving their effective participation in the multilateral trading system. Towards that end, we 
shall ensure that all issues of specific interest to LDCs shall be pursued on a priority basis [, w ith 
the view to strengthening them and making th em, legally binding, and commercially meaningful ]. 
x. [We recognize the difficulties that continue to face the Net-Food Importing Developing 
Countries (NFIDCs) and LDCs since the Uruguay Round, and we reaffirm that we shall continue to 
accord flexibilities in the agriculture negotiations to address the needs of NFIDCs & LDCs and adopt specific measures with a view to fully implementing the Marrakesh NFIDC decision as well as 
improving food security and agricultur al production in NFIDCs and LDCs.] 
xbis [We reaffirm our commitment to fully implement the Decision on Measures Concerning the 
Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing 
Developing Countries in recognition of the challenges that these countries continue to face [and 
the need to improve food security and agri cultural production in NFIDCs and LDCs].]  
26. [We reaffirm our commitment to continue to address, in a substantive and meaningful 
manner, the needs of small, vulnerable economie s (SVEs) and to adopt specific measures that 
would facilitate their fuller integration into the multilateral trading system. We therefore call for 
priorities of SVEs to be duly addressed in all areas of negotiations [, without creating a sub-
category of WTO Members].] 
27. We recognize the extensive commitments undertaken by Members that acceded under 
Article XII. [ For a balanced outcome, we further recognize the need in negotiations to take into 
account the higher level of commitments of Article XII Members [, especially the commitments of 
very recently acceded Members,] [, while fully a pplying the principle of Special and Differential 
Treatment] [to the extent possible and] [, in line wi th their prosperity and weight in global trade] 
[, in per capita terms ]. 
x. [We agree that the WTO should have the ability to take on, at least on an 
exploratory basis, any trade-related issues de emed necessary in order to stay relevant 
and in keeping with the evolution of the glob al economy. We further agree to undertake 
the exploration of such issues in a manner th at does not undermine the ongoing work to 
deal with outstanding issues.] 
28. We reaffirm the need to ensure that Regional Trade Agreements (RTAs) remain 
complementary to, not a substitute for, the multilateral trading system. [We agree to enhance the 
role of the Committee on Regional Trade Agreements so as to map the systemic implications of 
RTAs and their coherence with WTO rules. We deem it necessary to conduct a study on the systemic implications of RTAs, modalities of whic h will be decided by the General Council.] With a 
view to enhancing transparency in, and understanding of, RTAs and their effects, w e agree to work 
towards the transformation of the current provis ional Transparency Mechanism into a permanent 
mechanism, in accordance with the General Council Decision of 14 December 2006 [, while 
avoiding duplicating notification requirements ]. 
x. [Proposals on specific areas of negotiations, as circulated in the WT/MIN(15)/ series, remain 
on the table for consideration by Ministers.]  
x. We agree to reinvigorate the regular work of the Committees and direct the General Council 
to consider the need for adjustments in the struct ure of their subsidiary bodies in light of their 
relevance to the implementation and operation of the Covered Agreements.  
 
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