Cancun - 5ème Conférence ministérielle de l'OMC - 10-14 septembre 2003
Document soutenu par l'URFIG
THE NAIROBI DECLARATION ON PREPARATIONS FOR EPA NEGOTIATIONS
AND THE 5TH WTO MINISTERIAL CONFERENCE
(28
mai 2003)
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 the WTO 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;
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 acquits for trade and development co-operation 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 Organisation 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 marginalisation of Africa
and to contribute to raising the capacity of Africa's personnel and institutions
in multilateral trade issues;
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;
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;
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
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.
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.
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.
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.
In view of the regional
integration processes 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.
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 support, 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:
We express our
deep concern over the limited progress made on the Doha work programme.
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 of
successive deadlines. The benefits of the multilateral trading system have thus
continued to 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.
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 to address the need for the maintenance of adequate and effective
preferences and compensation, as appropriate.
We also call for the
immediate resolution of all implementation issues.
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 Declaration on 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 Agreement in light of the Doha Declaration.
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.
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.
We call upon WTO members to
give due attention to the problems of small economies as they seek to expand
their economic bases.
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 and
administrative burden and incorporate the necessary flexibility and development
dimension.
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.
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.
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.
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
the multilateral financial institutions to enhance the coherence of their
economic and trade policies.
We call upon WTO members to
allow the process of clarification of the Singapore Issues to continue.
We call upon WTO members to
address the erosion of preferential margins and the need for adequate
compensation.
We call upon WTO members to
exempt LDCs from making reduction commitments both in Agriculture and
Non-Agricultural Market Access negotiations.