WORLD TRADE
ORGANIZATIONWT/L/519
18 June 2003
(03-3262)
Original:  English
THE NAIROBI DECLARATION ON PREPARATIONS FOR EPA NEGOTIATIONS
AND THE 5TH WTO MINISTERIAL CONFERENCE
Nairobi, Kenya
28 May 2003
Communication from Kenya
The following communication, dated 4 June, has been received by the Director-General from
the Minister for Trade and Industry, Kenya, with the request that it be circulated to Members.
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A meeting of Ministers of Trade from Eastern and Southern Africa was held in Nairobi,
Kenya from 28-29 May 2003 to pursue common strategies as we approach the WTO Ministerial
Conference scheduled for Cancún, Mexico in September 2003, in addition to seeking negotiating
positions for Phase II of the Economic Partnership Agreement (EPAs) with the European Union in
respect to the ACP eligible countries.
The outcome of the Nairobi meeting was communicated through the "Nairobi Declaration on
Preparation for EPA negotiations and the 5th WTO Ministerial Conference".
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The Nairobi Declaration on Preparations for EPA Negotiations
and the 5th WTO Ministerial Conference
We, the Trade Ministers from countries in Eastern and Southern Africa , having met in Nairobi, the
Republic of Kenya on 28th May 2003 for the purpose of exchanging views and agreeing on a
common strategy as we prepare for (i) Phase II negotiations of Economic Partnership Agreement
(EPAs) with the European Union under the Cotonou Agreement; and (ii) the Fifth Session of theWTO Ministerial Conference scheduled to be held in Cancun, Mexico from 10 to 14 September 2003,
and for the purpose of consolidating our positions on key multilateral trade issues in the on-going and
any other multilateral trade negotiations,
Asserting  our individual and collective determination to eradicate poverty and promote sustainable
development with a view to raising the standard of living of all our peoples;WT/L/519
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Recognising  that the gradual and harmonious integration of ESA countries into the world economy is
an important avenue of achieving our collective goal;
Taking note  of the Cotonou Agreement, and its predecessor as frameworks, in particular their acquis
for trade and development co-operati on between the EU and ACP States;
Concerned with  the lack of clear and demonstrable results so far from Phase I of the EPA
negotiations;
Recalling the decision of the COMESA Authority taken in Khartoum, Sudan on 17th March 2003
urging countries in East and Southern Africa to negotiate EPAs as one region which would enable the
countries of the region to pool their technical and other resources;
Noting that this decision is consistent with the broad aims and objectives set out in the Constitutive
Act of the Africa Union wherein continental integration would be achieved by the various RECs as
building blocks.
Reaffirming that the African Union and the RECs, as its building blocks, constitute the institutional
framework for African integration and development.
Reaffirming  the paramountcy and necessity of the rules-based trading system brought about by the
World Trade Organization in ensuring an equitable, transparent and just global trading system;
Further reaffirming  our commitment to the multilateral trading system as demonstrated by our
commitment to, and membership of, the WTO and our increasing participation in all multilateral trade
meetings and fora, and our appeal for the WTO to streamline the accession process so as to admit new
members more speedily;
Concerned with  imbalances and inequities of the multilateral trading arrangement as currently
obtaining which militates against Africa’s beneficial integration into the global trading system;
Recalling  the WTO Ministerial Decisions and Declarations and the provisions of various multilateral
trade agreements intended to reverse the marginalis ation of Africa and to contribute to raising the
capacity of Africa’s personnel and institutions in multilateral trade issues;
(i) Reaffirm  our commitment to the multilateral trading system and to participate fully therein
and take all necessary actions to ensure our citizens derive benefits from both the multilateral
trading system and our relationship with the European Union;
(ii) Call upon  all Members of the WTO to show more commitment to the multilateral trading
arrangement by meeting set deadlines especially with respect to Special and Differential
Treatment, TRIPS and non-agricultural market access to be incorporated in all ACP-EU
agreements;
(iii)  Welcome  the Guidelines on Accession adopted in December 2002 in respect of LDCs.
In light of the above, and with a view to moving the negotiation processes forward, we have agreed:
ACP-EU relations
(i) To impress upon the EU and the Commission to facilitate the process of the conclusion of an
all-ACP EU agreement during the first Phase.WT/L/519
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(ii) That EPAs will be negotiated on the basis of the content and clusters identified by the ESA
region, taking into account issues identified in the ACP guidelines. Account will also be taken
of cross-cutting issues, with particular emphasis on the development dimension which would
improve the supply capacity of ESA countries.
(iii) Issues of negotiations already identified in the all-ACP negotiating guidelines could be
continued at the ESA regional level on the basis of the decision to be taken by the ACP
Council of Ministers in September 2003.
(iv) Negotiations at the ESA regional level on issues specific to each region will be within the
framework agreed at the all-ACP level of negotiations and may also feed into these
negotiations. This will ensure coherence, consistency and transparency in the negotiations. In
this respect, the EPA negotiations will be undertaken on the basis of the principle of a Single
Undertaking.
(v) In view of the regional integration processe s currently underway, countries in the ESA region,
either individually or collectively, depending on the level of integration at the time of signing
of EPAs, will take decisions as regards their obligations to conclude new WTO compatible
EPAs in accordance with the rules then prevailing.
(vi) Each ESA country in a position to do so should declare its interest in which negotiating
cluster(s) they would be willing to be part of.
We agree to set up a negotiating structure for the region at the Ministerial and Ambassadorial level.
Both levels shall be backed up by technical staff drawn from the Member States, private sector, civil
society, other stakeholders and the Secretariats of Regional Organisations be a part of this exercise,
supported by experts from other collaborating organisations.
We direct our Brussels-based Ambassadors, working with technical support, to develop
implementation mechanisms and guidelines, define financial requirements and, in collaboration with
capitals and Regional Organisations and the ACP Secretariat, mobilise necessary resources to
undertake preparations for the negotiations.
The Ambassadors, working with their technical su pport, should start to define and implement a
programme of work at the technical level which would prepare the ESA negotiators for the
negotiations with the EU, whenever these negotiations will start.
In the light of the foregoing, we direct our Ambassadors, in collaboration with the Secretariats of
regional organisations and with the active involvement of all relevant stakeholders, to identify the
issues for negotiations during the second phase and submit a draft negotiating mandate to our next
meeting. In the definition of the draft EPA negotiating mandate full account should be taken of the
need to ensure coherence and consistency with our regional integration initiatives.
The Doha Development Agenda & Preparations for the 5th Ministerial Conference
With regard to multilateral trade issues:
(i) We express our deep concern over the limited progress made on the Doha work programme.
(ii) We express our disappointment over the lack of commitment, especially by Members of the
WTO, to complete work on Special and Differential Treatment issues and the slippage ofsuccessive deadlines. The benefits of the multilateral trading system have thus continued toWT/L/519
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elude Africa. We urge that the S&D provisions be urgently reviewed in order to strengthen
them and make them more precise, effective and operational.
(iii) We are concerned that the draft modalities on Non-Agricultural Market Access lack the
elements of particular interest to the developmental needs of African countries. In this respect,
we underscore the need for undertaking a full evaluation and we call upon the WTO toaddress the need for the maintenance of adequate and effective preferences and compensation,
as appropriate.
(iv) We also call for the immediate resolution of all implementation issues.
(v) We express further disappointment over the failure to resolve TRIPS and Public Health issues
by the agreed deadline of 31st December 2002 and we are concerned about the serious
consequences in terms human and material toll over our people. Based on the good faith
efforts of Members to carry out the instructions of Ministers in paragraph 6 of the Declarationon TRIPS and Public Health and the importance of the world-wide public of finding a
solution that is both expeditious and secure, we believe that Members, acting in accordance
with the terms of the draft Decision of 16 December 2002, will be properly discharging their
obligations to comply with the TRIPS Agr eement in light of the Doha Declaration.
(vi) We are deeply concerned that WTO Members were not able to arrive at consensus on the
modalities for the negotiations on agriculture and missing the deadline of 31st March 2003.
(vii) We are equally concerned with the limited supply capacity in COMESA member States. We
call upon developed member countries to provide adequate and effective technical assistance
and capacity building support to address supply side constraints and to integrate ESA
countries into the multilateral trading system.
(viii) We call upon WTO Members to give due attention to the problems of small economies as
they seek to expand their economic bases.
(ix) Taking into consideration limitations that Member States face in taking on new commitments
in the area of WTO Rules, we demand that the outcome of clarifications and improvements in
the WTO Rules should not result in any additional commitments or financial andadministrative burden and incorporate the necessary flexibility and development dimension.
(x) We call upon all our trading partners to make specific commitments in the context of on-
going services negotiations in sectors and modes of supply that ESA members enjoy
comparative advantage in.
(xi) We urge WTO Members to accelerate the process of adoption of modalities for the treatment
of LDCs in a meaningful manner in areas of services negotiations.
(xii) We call upon all WTO Member States to put into effect the provisions of the Guidelines
which will permit as many acceding countries as possible, especially Ethiopia, the Seychelles
and Sudan, to join the WTO in the shortest possible time.
(xiii) We urge WTO Members to continue the mandate on the Working Groups established under
the Doha mandate with a view to establishing rules in the respective areas, in particular
Transfer of Technology; and Trade, Debt and Finance. We call upon the WTO and themultilateral financial institutions to enhance the coherence of their economic and trade
policies.WT/L/519
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(xiv) We call upon WTO Members to allow the process of clarification of the Singapore Issues to
continue.
(xv) We call upon WTO Members to address the erosion of preferential margins and the need for
adequate compensation.
(xvi) We call upon WTO Members to exempt LDCs from making reduction commitments both in
Agriculture and Non-Agricultural Market Access negotiations.
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