The ACP Ministers of Trade, meeting in Brussels on 5 and 6 November
2001, have arrived at a common position which will be expressed at the
WTO Ministerial Conference in Doha. They have designated Mr. Nicholas
BIWOTT, Minister for Trade of Kenya, as the spokesman for the whole ACP
Group. Mr. Clement Rohee, Minister for External Trade of Guyana will act
as his deputy.

The ACP Ministers of Trade consider that the draft WTO Declaration which
will be tabled in Doha is ambiguous and unclear with regard to the
interests of developing countries and more particularly the countries of
the African, Caribbean and Pacific Group of States. The ACP are
requesting that the commitments made by the developed countries
vis-à-vis developing countries in the context of  the GATT be adhered
to. There is no indication of this in the WTO  draft Declaration. In a
transparent and democratic WTO, developing countries must be part of
the   elaboration and implementation of the new WTO rules. The draft
Declaration does not guarantee any of this.

In the short term, the main concern of the ACP Group is to secure a WTO
waiver for the trade aspects of the Cotonou Agreement. The ACP have just
requested that this be urgently added to the Doha work programme. The
European Union and the Latin American countries were supposed to have
come to an agreement which would have enabled this dispute to be settled
before the Ministerial Conference in Doha.

At the level of the ACP Group :
Spokesman : Kenya
Deputy spokesman : Guyana

Representing their respective regions in the ACP Spokesman group :
Southern Africa : Lesotho
West Africa : Nigeria
Central Africa : Congo (Brazzaville)
East Africa : Uganda
Caribbean : St Vincent and the Grenadines

We, the Ministers responsible for trade matters from the African,
Caribbean and Pacific Group of States, meeting in Brussels, Belgium from
5 – 6 November 2001 to, inter alia, prepare for the Fourth Ministerial
Conference of the World Trade Organization (WTO);
 

Having examined the draft WTO Ministerial Texts comprising the Draft
Ministerial Declaration; the Draft Decision on Implementation Related
Issues and Concerns; the Draft Declaration on Intellectual Property and
Public Health; the Compilation of Outstanding Implementation Issues
Raised by Developing Country Members; as well as the Proposed Procedures
for Extensions Under Article 27.4 of the Agreement on Subsidies and
Countervailing Measures for Certain Developing Country Members;
 

Having considered the outcomes of relevant meetings convened by various
ACP regions and other developing country regions and interest groups and
in particular the Ministerial Declaration of the 4th OAU/AEC meeting of
Ministers of Trade held in Abuja, Nigeria, and the Zanzibar Declaration
of LDC Trade Ministers;
 

Having considered Resolution AAP/3315/Comp on WTO negotiations adopted
on 1 November 2001 by the 3rd Session of the ACP-EU Joint Parliamentary
Assembly;
 

Having considered Resolution APP/3201/A/fin on the impact of sanctions
and, in particular, of embargoes on the people of the countries on which
such measures are imposed, also adopted on 1 November, 2001, by the 3rd
Session of the ACP-EU Joint Parliamentary Assembly;
 

Recalling the relevant sections of the Declaration of the Third meeting
of ACP Ministers of Trade held in December 2000;
 

Concerned about the inordinate delay in the granting of the WTO waiver
request for the ACP-EC Cotonou Partnership Agreement;
 

Whereas the key challenge confronting the international community is the
marginalization of many developing countries in the global economy,
particularly those in the ACP;
 

Whereas the WTO was established to, inter alia, ensure that developing
countries, and particularly the least developed among them, secure a
share in international trade commensurate with the needs of their
economic development;
 

Whereas an equitable and strengthened rules-based system that provides
enhanced certainty and security is essential to achieve this;
 

Whereas the Uruguay Round Agreements resulted in disciplines that are
extensive and with far reaching implications for national economic and
trade policies of members;
 

Whereas the Uruguay Round Agreements are imbalanced and embody
deficiencies that have had an adverse impact on trade and development
interests of the ACP and other developing countries;
 

Whereas the implementation of these Agreements requires institutional,
human, administrative and financial capacities currently lacking in many
ACP countries;
 

Aware that ACP States and other developing countries have a definite
interest in reforming the multilateral trading system in a manner that
promotes and responds to their development needs;
 

Asserting that the multilateral trading system must address decisively
and adequately development issues in order to enhance its legitimacy and
create a basis for a new equitable global economic order for the benefit
of all WTO members;
 

Considering the importance and urgency of integrating ACP States into
the multilateral trading system and, in that regard, that development
issues should be at the core of any future work programme of the WTO;
 

Considering the need to examine the relationship between trade, debt and
finance and transfer of technology, given their importance to the
development of ACP States;
 

Recognizing the assistance provided by a number of organizations to ACP
States to facilitate their participation in the work of the WTO and
realising the need for additional support;
 

Declare as follows:

With regard to

The multilateral trading system

1. We reaffirm our commitment to the rules-based Multilateral Trading
System (MTS) as an instrument for the promotion of economic development,
facilitation of the integration of ACP States into the global economy,
and eradication of poverty.  In this context, we affirm the importance
of having flexibility in the rules and their application.

2. We emphasize that there is an urgent and fundamental need for
developmental issues to be put at the centre-stage of the WTO Work
Programme in order to enhance the development potential of ACP States.

3. We consider it important that any future WTO Work Programme should be
based on a development agenda and should take into account the
capacities of ACP States to participate effectively in any such Work
Programme.  Any trade rules should fully take into account the
development needs of ACP States. Inclusion of any new issues will
require a fuller understanding of their development implications and
agreement by all members.

4. We call for increased financial and technical support to ACP States,
in particular non-resident States, to participate effectively in, and
contribute meaningfully to, the work of the WTO.

5. We reiterate our call for the elimination of the continued use of
coercive and unilateral economic measures, against developing countries,
which contravene international law and constitute a violation of WTO
rules.
 

Implementation Issues and Mandated Reviews

6. We recall the WTO General Council Decisions of 3 May 2000 and of 15
December 2000, reaffirming that the General Council shall address and
resolve all the outstanding implementation-related issues and concerns
no later than the Fourth Session of the Ministerial Conference. We
therefore call on firm decisions to be taken on the outstanding
implementation issues at the Doha Ministerial Conference.  In the event
that all outstanding issues are not resolved, we urge that any remaining
implementation issues be addressed as a matter of priority, in the
post-Doha Work Programme, with a view to resolving them no later than
the end of 2002.

7. We call upon WTO members to grant an extension for the use of export
incentives until 2018 by developing ACP countries, in order to preserve
their fiscal incentives to export-oriented manufacturing and complete
their on-going export diversification.

8. We urge the full operationalisation of the Decision on Measures
Concerning the Possible Negative Effects of the Reform Programme on LDCs
and Net Food Importing Developing Countries (NFIDCs).

9. We affirm that within the framework of the Agreement on Agriculture,
Article 9 and Article 10 of the SPS Agreement and Article 11 and Article
12 of the TBT Agreement should be made mandatory.
 

Special and differential treatment

10. We reaffirm that Special and Differential (S & D) treatment for
developing countries is a core principle of the WTO and thus should be
incorporated into the architecture of future WTO agreements and rules.
We further call on our developed country partners to commit themselves
to ensuring that S&D provisions are made meaningful, operational and
responsive to the developmental needs of developing countries by
adopting a Decision at Doha to make Special and Differential provisions
legally binding and enforceable.
 

Trade Preferences

11. We reiterate that trade preferences have a crucial role in the
development of ACP States.  Preferences must be meaningful, effective
and binding and should not be subject to any conditionalities not
related to trade.  Any new preferences granted should not undermine
existing terms and conditions of access provided to ACP States.
Furthermore, ACP States should be given assistance to make full use of
and benefit from preferences, including assistance to address supply
side constraints and productive capacities.

WTO Waiver

12. We note with great concern the delay in the consideration and
approval of the waiver request for the ACP-EC Partnership Agreement.
This inordinate delay is unprecedented and runs counter to the trade and
development interests of the ACP States.  It also seriously undermines
the confidence of the ACP States in the Multilateral Trading System.  In
this regard, we urge that the waiver be granted at the Doha Ministerial
Conference.
 
 

Capacity building and technical assistance

13. We note that the ACP States continue to be constrained by limited
financial, technical, administrative and institutional capacities to
understand and analyse the full implications of WTO Agreements, adapt
their national laws and fulfil their obligations as required and to take
full advantage of the multilateral trade agreements in accordance with
their national objectives and priorities.

14. We call upon the WTO to increase technical assistance and capacity
building activities, including strengthening supply side capabilities,
through programmes such as JITAP extended to all ACP States, the
Integrated Framework, and through effective cooperation with relevant
development institutions and organizations.

15. We affirm that technical assistance and capacity building are core
functions of the WTO, and call for increased, predictable and secure
funding through the WTO’s regular budget and other mechanisms, as
appropriate.

16. We affirm that funding for technical assistance and capacity
building, whatever its source, should be demand-driven and not be
accompanied by any conditionalities.
 

Least developed countries

17. We emphasize the urgency of the full implementation of the
commitments on trade of the Programme of Action adopted by the Third
United Nations Conference on the Least Developed Countries (LDC III),
and call on WTO members to make the commitments binding.  We take note
of the initiatives for improved market access for products originating
from LDCs.  These initiatives can be improved by having realistic and
simplified rules of origin which match the industrial capacity of LDCs.
It is also important to address adequately their supply side
constraints.  The Integrated Framework has the potential to deliver
trade related technical assistance.  We urge that it be enhanced and
expanded to the other LDCs.
 

Small economies

18. We stress the need for the multilateral trading system to take
account of the particular problems and special needs of small, island
and vulnerable developing economies. In this regard, we call on WTO
members to establish a work programme to address these problems and
special needs and recommend that positive and concrete measures be
adopted by the WTO General Council before the end of 2002.
 

Accession

19. In view of the difficulties experienced by a number of ACP States -
most of which are LDCs, small and island economies - in their accession
to the WTO, we call on WTO Members to refrain from placing excessive or
onerous demands on such applications, and to exempt them from
undertaking commitments which are inconsistent with their development
needs and capacities.  We also urge that negotiations for accession be
expedited, streamlined, made more transparent and that acceding
countries be given an adequate transition period to adjust to the
challenges of the MTS; henceforth, we call for the provision of adequate
financial and technical assistance for them to accede speedily.
 

Mandated negotiations

Agriculture

20. Given the conditions of agriculture in most ACP States, we affirm
that Special and Differential treatment shall be an integral part of all
aspects of these negotiations.  We stress the need for the 4th
Ministerial Conference to take the necessary decisions for achieving the
fundamental reform of agriculture by redressing the inequitable nature
of existing provisions in the Agreement on Agriculture.  We emphasize
the need for provisions which offer developing countries adequate
flexibility to develop their agriculture through inter alia, the
advancement of their non-trade concerns, namely, food security,
sustainable rural development, rural livelihoods and poverty
alleviation. We recognise the proposals made by developing countries on
a “Development Box” to be an important element of such flexibility.  We
call on WTO members to provide meaningful market access by, inter alia,
addressing export subsidies and domestic support, for all agricultural
products originating from ACP States, while preserving existing
preferential arrangements. The negotiations shall address the concerns
of LDCs, Small Island Developing States (SIDS) and small economies as
well as single commodity producers.
 
 

Services

21. We emphasize the need for effective implementation of GATS
provisions on improving market access in sectors and modes of export
interest to ACP countries. In this regard, we emphasize the need for
effective implementation of GATS Articles IV and XIX. 2, concerning
liberalization of market access in sectors and modes of supply of export
interest to developing and least developed countries; and the need for
greater liberalization of Mode 4 (Movement of Natural Persons),
especially by developed countries, through the elimination of barriers
to market access. Furthermore we call for the provision of credit for
autonomous liberalisation in services sectors undertaken by ACP
countries.
 

Singapore Issues

22. We recall the Singapore Ministerial Decision on Investment and
Competition Policy, that: “it is clearly understood that future
negotiations, if any, regarding multilateral disciplines in these areas,
will take place only after an explicit consensus decision is taken among
WTO members regarding such negotiations”.

23. We affirm that ACP States are not prepared at this time to engage in
negotiations on Singapore issues.  We call for the continuation of the
work of various working groups that have been established to study the
respective subjects, as set out below:
 

Trade and Investment

a) We are concerned that the relevance for the development of a
multilateral investment agreement in the WTO has neither been fully
discussed nor understood. Thus we call on the study process in this area
to focus in particular, on the relationship between trade and possible
multilateral disciplines on investment before any rules in this area are
considered.

Trade and Competition Policy

b) We note that most ACP States do not have the necessary legal and
administrative infrastructure and pre-requisites to deal with
competition policy. Furthermore, the inter-relationship between
competition and economic development is complex, and needs to be
explored fully before we can consider agreeing to multilateral
regulation in this area.
 

Transparency in Government Procurement

c) We note that issues relating to Transparency in Government
Procurement are complex, and that many important issues are still not
clarified. In view of the lack of clarity of the implications of a
multilateral framework on Transparency in Government Procurement on the
social and economic development of ACP States, we urge the continuation
of the study process.

Trade Facilitation

d) We hold the view that Trade Facilitation measures are necessary and
beneficial to all countries. In this context, on-going work within and
outside the WTO (e. g. rules of origin, customs valuation) should
continue. Improved trade facilitation measures should not constitute
part of WTO disciplines, but remain the subject of domestic initiatives.
 
 

Core Labour Standards

24. We reiterate the position taken at the First WTO Ministerial
Conference in Singapore that Core Labour Standards should remain under
the purview of the ILO.
 

Trade and Environment

25. We support the on-going work-programme on the interface between
trade and environment.  We reaffirm our commitment to sustainable
development. While reaffirming our commitment to implementing
environmental standards as defined by the relevant international
conventions, we reiterate that issues such as environmental standards
should not be incorporated into the multilateral trading negotiations as
these can be used for protectionist purposes.
 

Electronic Commerce

26. We recognize the useful work being undertaken on electronic commerce
at the WTO and support the continuation of the educative and analytical
process.
 

27. We further reaffirm our decision not to impose customs duties on
electronic transmissions, and to review this decision at the 5th
Ministerial Conference.
 

Non-Agricultural Market Access

28. We stress that any decision to engage in industrial tariff
negotiations should be on the basis of prior completion of a study
process, which should examine the effect of previous and any future
tariff reductions on the industries of ACP States. We call on UNCTAD,
UNIDO and other relevant agencies to continue their assistance and
support to ACP States in this area.
 

Trade-related Intellectual Property Rights (TRIPS) Agreement

29. We emphasize that the benefits of intellectual property regimes
should be equitably shared between the owners and users of technology.
Intellectual property protection should encourage innovation and
technological development in a manner that is also conducive to meet
public and social policy objectives and transfer of technology to
developing countries.

30. We declare that the implementation of the TRIPs Agreement is part of
the wider national and international action to address the grave public
health problems afflicting many developing and least developed
countries.  In this regard, we reaffirm that nothing in the TRIPs
Agreement shall prevent governments from taking measures for protecting
public health and nutrition as well as to ensure access to affordable
medicines.  We urge the WTO members to so declare at the Doha
Ministerial Conference.

31. We further reaffirm that members should develop mechanisms to allow
for the disclosure of the sources of traditional knowledge and genetic
resources used in inventions in order to achieve a fair and equitable
sharing of benefits.  The TRIPs Agreement should be supportive of, and
not run counter to, the objectives of the CBD.

32. We urge that the review of the TRIPs Agreement should clarify that
all living organisms including plants, animals, and part of plants and
animals, including gene sequencing and biological and other natural
processes for the production of plants and animals and their parts shall
not be patented.
 

33. We further urge developed countries to put into effect meaningful
incentives for their enterprises to transfer technology in accordance
with their commitments under Article 66.2 of the TRIPs Agreement, which
is mandatory.
 

Regional Trade Arrangements

34. We recognize that regional trade arrangements can be complementary
to the multilateral trading system.  We therefore stress that regional
trade arrangements among developed countries should not discriminate
against the interests of developing countries.

35. We reiterate that regional and sub-regional integration among
developing countries is essential to reversing the process of
marginalization and constitutes a dynamic basis for their effective
integration into the Multilateral Trading System. We further reiterate
that multilateral rules should provide adequate flexibility to enable
the ACP States to advance their interests when concluding WTO compatible
trading arrangements with the European Union or any country or group of
countries.
 

Trade, Debt and Finance; Trade and Transfer of Technology

36. We support the establishment of a mechanism that will contribute to
a durable solution to the problem of external indebtedness of developing
and least developed countries.  We further support measures that will
facilitate the transfer of technology to these countries.  In this
regard, we support the proposed establishment of working groups in the
WTO to address these issues, with a view to formulating recommendations
to the 5th WTO Ministerial Conference.
 

Observer status

37. We reiterate the need for the WTO to grant Permanent Observer Status
to the ACP Group of States and other ACP related inter-governmental and
regional organizations.
 

Decision making process

38. We recognize the critical importance of a transparent, democratic,
inclusive and consultative decision-making process in the WTO.  We
underscore the importance of taking decisions by consensus. This is
vital to creating confidence in the Organization and in the Multilateral
Trading System.  In this regard, we urge the adoption of a decision at
the 4th WTO Ministerial Conference to guarantee that the process of
consultation and decision-making in the WTO is transparent and
inclusive, and that procedures are clearly spelt out.  We call for
measures to be taken to facilitate the involvement of members whose
missions are not resident in Geneva. A report on these matters should be
submitted to the 5th WTO Ministerial Conference.

39. We emphasize that the decision-making process at the WTO Ministerial
Conference in Doha should also be transparent and inclusive.

40. We declare that the post-Doha WTO Work Programme should be conducted
within the existing structure of the WTO bodies.
 

Coherence in global economic governance

41. We call for a meaningful implementation of the “Declaration on the
Contribution of the World Trade Organization to Achieving Greater
Coherence in Global Economic Policymaking”.  It is important to enhance
coherence amongst the Bretton Woods institutions and the WTO with a view
to promoting, without cross-conditionality or additional conditions,
consistent and mutually supportive policies, that will contribute to
improved co-ordination of technical and financial assistance, reduction
of the debt burden, including cancellation, recognition of autonomous
liberalization and eradication of poverty.