WORLD TRADE
ORGANIZATIONWT/L/412
3 September 2001
(01-4194)
Original:  English
JOINT STATEMENT BY THE SAARC1 COMMERCE MINISTERS ON
THE FORTHCOMING FOURTH WTO MINISTERIAL
CONFERENCE AT DOHA
New Delhi, India
23 August 2001
Communication from Sri Lanka
The following communication, dated 28 August and addressed to the Chairman of the
General Council, has been received from the Permanent Mission of Sri Lanka.
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1. The Government of Sri Lanka is the current Chair of the South Asian Association for
Regional Co-operation which is known as SAARC.  Hence, on behalf of the SAARC member states
of the WTO, I am pleased to forward herewith a copy of the Joint Statement adopted by SAARC
Commerce Ministers, at the meeting held in New Delhi, India, on 23 August 2001, on the
forthcoming fourth WTO Ministerial to be held in Doha, Qatar.  This is in continuation of the practice
adopted prior to the Geneva and the Seattle Ministerial Conferences.
2. I shall be grateful if the Joint Statement by SAARC Commerce Ministers is circulated in a
General Council document as a contribution from SAARC Member countries of the WTO to the
preparatory process of the fourth Ministerial Conference.
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1. The Commerce Ministers and the Heads of Delegations of the Member Countries of the South
Asian Association for Regional Cooperation (SAARC)  met in New Delhi on 23 August 2001 with a
view to consult more closely and to coordinate their national positions in the context of the Fourth
WTO Ministerial Conference to be held at Doha, Qatar from 9 to 13 November 2001.  The meeting of
the SAARC Commerce Ministers and Heads of Delegation was preceded by a preparatory meeting of
the Commerce Secretaries of SAARC countries, wh ich was held at New Delhi on 22 August, 2001.
2. The strong commitment of the respective governments was reiterated to work for the further
strengthening of the multilateral trading system unde r the WTO.  Recalling the Joint Statement of the
Commerce Ministers of SAARC Countries issued on 9 August 1999 at Bandos Islands, Malé prior to
the Seattle Ministerial Conference, the utmost importance particularly from the standpoint of
developing countries was underlined for a consensual outcome of the forthcoming Doha Ministerial
Conference.
3. Progress made in WTO in relation to the resolution of the implementation concerns raised by
developing countries in respect of the Ur uguay Round Agreements was reviewed.  Deep
disappointment was expressed on the lack of any meaningful progress despite a clear decision in May
                                                     
1 SAARC Member States are – Bangladesh, Bhutan, India, Maldive Islands, Nepal, Pakistan and
Sri Lanka.WT/L/412
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2000 by the WTO General Council that these issues have to be addressed and decisions taken for
appropriate action not later than the 4th WTO Ministerial Conference.  It was felt that any further
delay was likely to erode the credibility of the multilateral trading system among the developing and
the least-developed countries.  It was further emphasised that these issues being a fall-out of the
Uruguay Round Agreements must be meaningfully re solved upfront, and with urgency, without any
extraneous linkages.
4. It was noted with serious concern that the Uruguay Round of Agreements and their
implementation have further accentuated the inequa lities and disparities between the developed and
developing countries.  It was strongly felt that addressing this growing development deficit should
receive primacy in all future work programmes in WTO since the key to sustained global economic
growth lies in unlocking the growth potential of de veloping countries.  For this, the industrialization
in the developing countries in areas where they possess comparative advantage should be facilitatedby providing them increased market access opportunities by the developed countries by eliminating
their trade distorting subsidies, non-tariff barriers and unreasonable protectionist measures.
4.1 Attention was drawn to the following specific issues of particular interest to their countries,
which needed urgent focus:
(a) The Uruguay Round Agreements have not resulted, as earlier expected, in greater
market access for the exports of developing and least developed countries due to the
existence of 'tariff peaks', the phenomenon of tariff escalation, and the use of non-
tariff barriers, in respect of products of export interest to the developing and least-
developed countries.  Developed countries should desist from imposing non-tariffmeasures, as is being done now, on products on which developing countries have
acquired comparative advantage.  Action should be taken to ensure effective greater
market access for developing country exports.
(b) Since in the existing UR Agreements, the Special and Differential (S & D) provisions
are mostly in form and not in substance, it was felt that WTO Agreements should takeinto account the special development needs of developing countries in a more
meaningful and effective manner.  The S & D provisions need to be based on an
objective criterion taking account of the wide economic diversity within developing
country Members.  These provisions need to be contractually binding and must be
operationalized and made enforceable so that these do not remain merely "best
endeavour clauses".
(c) There is an immediate need for a more meaningful integration of the textile and
clothing sector, in view of very limited liberalization of trade, affecting items under
specific quota restraints.  Measures in this regard should include, inter alia,
accelerated removal of quota restrictions whereby an additional 50% of imports of
products from the four product groups are integrated at the commencement of third
stage of integration by 1 January 2002, implementation of increased growth rates forthe remaining years of the Agreement on Textiles and Clothing, exercise of restraint
on unilateral modification of rules of origin to the detriment of developing and least
developed countries, application of moratorium on anti-dumping, anti-subsidy and
safeguard measures, resorted to by importing countries on exports from developing
and least-developed countries until 1 January 2007.
(d) There should be a further extension of the moratorium on the applicability of the non-
violation complaints to TRIPS.  There is a need to prevent piracy of traditional
knowledge built around bio-diversity and there should be a harmonization of the
TRIPS Agreement with the UN Convention on Biological Diversity so as to ensure
appropriate returns to traditional commun ities.  There should be international
recognition of the sui generis  system for the protection of traditional knowledge
including by way of disclosure of source or origin of the bio resource accessed andWT/L/412
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equitable benefits sharing for the traditional knowledge used by the patent applicant.
Member countries should continue to have the flexibility to determine which sui
generis  system is best suited to provide protection to the plant varieties so as to
provide the necessary protection to the existing rights and privileges of their farmers.
Higher level of protection should be accorded in the form of geographical indicationsin products other than wines and spirits so that products of export interest to the
region could get the required benefit.  The relevant provisions of the TRIPS
Agreement relating to the meaningful transfer and dissemination of technology to
developing and least-developed countries should be effectively operationalized.
(e) In the interpretation of the Agreement on Trade Related Intellectual Property Rights
(TRIPS) in the context of public health, greater flexibility and clarity were required
so as to ensure affordable access to essential medicines and life saving drugs inkeeping with public health concerns of developing countries.  Nothing in the TRIPS
Agreement should prevent governments from taking measures for protecting public
health.
(f) Under the Agreement on Trade Related Investment Measures (TRIMs), there should
be a positive approach to requests for further extension of the transition period fordeveloping countries.  There should also not be any expansion in the list of the
measures covered by the disciplines of the TRIMs Agreement.  Greater flexibility and
appropriate amendments in the TRIMs Agreement are necessary for developing
countries to enable them to pursue their goals for development and rapid
industrialization including indigenisation.
5. Progress made in relation to the ongoing mandated negotiations in the areas of Agriculture
and Services and also in respect of the various mandated reviews and other built-in agenda items were
reviewed.  It was urged that all these work programmes needed to be actively followed up and it was
proposed that the Doha Ministerial Conference should make a renewed call for redoubling efforts in
this regard.  In the area of agriculture, it is critical that there are substantial reductions in tariffs andtariff escalations, substantial reductions in domestic support and the elimination of all forms of export
subsidies given by the developed countries so as to facilitate greater market access for the agricultural
products of the developing countries.  It was also important to reiterate the need for a differential and
more favourable treatment for developing countries including the need for giving enough flexibility to
developing countries so as to safeguard their food and livelihood security, and rural development
concerns including those relating to rural employment.  The flexibility available to developing
countries under the Agreement on Subsidies and Countervailing Measures (ASCM) should also beextended to agriculture.  In the ongoing mandated negotiation on services, increased commitment
should be sought from developed countries with regard to market access in services especially by way
of movement of natural persons.
6. It was considered that the mandated negotiations, the mandated reviews, the ongoing work
programme in the various working groups, the accession of over 30 countries taken together with thework programme for the resolution of the implemen tation issues themselves provided a sufficiently
broad agenda for now.  It was agreed that any move to add further issues runs the risk of overloading
the agenda and making it unsustainable and further, that the inclusion of any new item for
negotiations could be discussed only after there was convergence of views amongst the WTO
membership.
7. Opposition was voiced to any move for negotiations on subjects, such as on Investment and
Competition, which places limitations on development policy options.  Any move for drawing up
plurilateral agreements in these areas was also opposed as this would run contrary to the basic tenets
of the multilateral trading system and may therefore, open the floodgates for demands for several
plurilateral agreements which would create different levels of commitments by different members.  Itwas felt that proposals for industrial tariff negotiations have to be carefully looked into.  Issues from a
development perspective needed to be kept in view without full reciprocity.  There is also the urgencyWT/L/412
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of greater access to the more developed markets.  The call to developed countries was reiterated to
meaningfully address the priority issues of tariff escalation, tariff peaks and non-tariff barriers in the
market.
8. Any linkage of trade with social or other non-trade issues like labour standards was resolutely
opposed.  Their firm opposition was reiterated to the erection of trade barriers on environmentalpretext and to any widening of the environmental window in WTO.  Full support was also extended to
the ongoing balanced work programme in the WTO Committee on Trade and Environment.
9. Any involvement of NGOs or Civil Society in the decision-making of the WTO, which was
an intergovernmental organization, as also soliciting of amicus curiae  briefs in the Dispute Settlement
Proceedings was opposed.
10. Developing of concepts such as global cohe rence with other intergovernmental organizations
like ILO and UNEP was cautioned against as it may be used to link trade with social issues or widenthe environmental window for protectionist purposes.
11. It was agreed that in view of the increasing marginalization of least developed countries
(LDCs) in world trade, the following measures among others, should be taken in the spirit of the Joint
Declaration in the recently held conference of LDCs  to enhance their participation in the multilateral
trading system:
(a) LDC applicants for WTO membership should be allowed to accede on a fast track on
the basis of clear guidelines.  The conditions for accession must not be more
restrictive than those applied to other LDCs during the change of their membership
from GATT to WTO.  Obligations of acceding LDCs should be commensurate with
their stage of development and based on the S & D treatment in favour of LDCs.  Thepreferences and concessions enjoyed by acceding LDCs through bilateral and
regional agreements at the time of accession may be taken into account.  In the case
of LDCs, the transitional period provided under various agreements should
commence from the date of their accession;
(b) There should be a binding commitment to grant LDCs duty free and quota free access
by the developed countries for their exports.  These should also be exempt from anti-
dumping duties, safeguard actions and non-tariff barriers by such countries;
(c) Rules of origin including those under unilateral preferential regimes such as GSP
applicable to LDCs should be harmonized and tailored to promote their participation
in global production chains;
(d) All notification requirements should be made simpler and deadlines for full
implementation of all agreements extended to match  their technical capacities;
(e) Integrated framework for technical assistance to LDCs should be implemented by
providing adequate resources to the Trust Fund; and
(f) Developed countries should provide concessi onal transfer of technology to LDCs.
12. It was also agreed that there should be a wo rk programme in the WTO to identify specific
problems faced by small developing economies.
13. The need for the WTO Secretariat to function in a non-partisan and neutral manner rather than
advocating positions of some countries was reiterated.  In this regard it was strongly recommended
that recruitment from developing countries to the Secretariat needs to be enhanced to improve the
functioning of the Secretariat.WT/L/412
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14. It was emphasized that the Doha Ministerial Declaration and its mandates should be clear and
specific and there should be no scope for ambiguities, constructive or otherwise, as such ambiguities
could potentially have the most adverse effect on developing countries.  There should also not be any
attempt to include new issues at the eleventh hour in  the Declaration, which should be prepared on the
basis of full prior consultations and consensus.
15. The need to remain in close touch as also to hold another meeting at Doha on the margins of
the 4th WTO Ministerial Conference was agreed to.  The Ambassadors of SAARC countries
accredited to the WTO in Geneva were directed to consult more closely on all related matters spelt out
in this Joint Statement.
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