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I: The Need
to Rethink Liberalisation Policies
We meet in the aftermath of a global
financial crisis as well as the aftermath of the collapse of the Seattle
WTO Conference. It is thus urgent and timely to examine and reexamine what
is the right approach developing countries should take towards integration in
the world economy, and to liberalisation of trade, finance and
investment.
On financial liberalisation, there are new lessons to
learn from the recent events. It is now clear that
financial
liberalisation, especially when done inappropriately, was
the main cause of the East Asian economic crisis. Many of the affected
countries, which had been in the forefront among countries of the South in
global economic integration, are now cautious and reviewing their approach to
financial openness.
On trade liberalisation, the issue is even more
complex. The failure at Seattle provides an opportunity to re-examine
the record and to reformulate what is appropriate approach for trade
policy and thus also for the future role of the WTO.
There is a strong
paradox or contradiction in the manner developing countries in general and
many scholars take towards this issue. On one hand it is almost invariably
repeated that "we are committed to trade liberalisation which is
positive for and essential to growth and development." On the other
hand,
many developing countries also notice and are now actively complaining that
trade liberalisation has net
negative results for their economies, or has
marginalised them.
Why are there so many criticisms that the global
free-market or free trade system has not benefited countries or
people equally? That there is a growing gap between rich and
poor countries? And that trade liberalisation has caused problems to
developing countries, especially the poorer ones?
It is often asserted in
the mainstream literature that there has been growth for all, that
liberalisation has benefited "the world" etc. But such generalisations are a
fallacy.
It is simply not true that "we are all gainers, there are
no losers", as some leading proponents of the Uruguay Round and the WTO
would have it. Some have gained more than others; and many (especially the
poorest countries) have not gained at all but may well have suffered severe
loss to their economic standing.
In fact only a few countries have
enjoyed moderate or high growth in the last two decades whilst an astonishing
number have actually suffered declines in living standards (measured in
per capita income). The UN Development Programme's Human Development Report
1999 (pg 31) states: "The top fifth of the world's people in the richest
countries enjoy 82 percent of the expanding export trade and 68 percent of
foreign direct
investment --- the bottom fifth, barely more than 1
percent. These trends reinforce economic stagnation and low
human development. Only 33 countries managed to sustain 3 percent annual
growth during 1980-96. For 59 countries (mainly in Sub-Saharan Africa and
Eastern Europe and the CIS) GNP per capita declined. Economic integration is
thus dividing developing and transition economies into those that
are benefiting from global opportunities and those that are not."
One
of the important things to understand about trade liberalisation is that if
it is imposed upon countries that
are not ready or able to cope, it can
contribute to a vicious cycle of financial instability, debt and
recession.
A clear explanation of why trade liberalisation often leads
to negative results is found in the UNCTAD's Trade and Development Report
1999. It focuses on the behaviour and balance between imports and exports,
and finds that rapid trade liberalisation has contributed to the widening of
the trade deficit in developing countries in general. The report finds
that rapid trade liberalisation led to a sharp increase in imports but that
exports failed to keep pace. For developing countries (excluding China) the
average trade deficit in the 1990s is higher than in the 1970s by
3 percentage points of GDP while the average growth rate is lower by 2
percentage points.
This latest important UNCTAD finding corresponds with
several recent studies that show there is no automatic correlation between
trade liberalisation and growth. Countries that rapidly liberalised their
imports did not necessarily grow faster than those that liberalised more
gradually.
The problem in trade liberalisation is that a country
can control how fast to liberalise its imports (and thus increase the
inflow of products) but cannot determine by itself how fast its exports grow.
Export growth partly depends on the prices of the existing exported products
(and developing countries have suffered from serious declines in their
terns of trade) and also on having or developing the infrastructure, human
and enterprise capacity for new exports (which is a longterm process and not
easily achieved).
It also depends on whether there is market access
especially in developed countries. Herein lies a major problem beyond
the control of the South, for as is well known there are many tariff and
non-tariff barriers in the North to the potential exports of developing
countries. Unless these barriers are removed, the South's export potential
will not be realised.
Thus, trade liberalisation can (and often) causes
imports to surge without a corresponding surge in exports. This can
cause the widening of trade deficits, deterioration in the balance of
payments and the continuation or worsening of external debt, all of which
constrain growth prospects and often result in persistent stagnation or
recession.
This should lead us to conclude that trade
liberalisation should not be pursued automatically or rapidly and in a
"big bang" manner. Rather, what is important is the quality, timing,
sequencing and scope of liberalisation (especially import liberalisation),
and how the process is accompanied by (or preceded by) other factors such as
the strengthening of local enterprises and farms, human resource and
technological development, as well as the build up of export capacity
and markets. A logical conclusion must be that if conditions for success
are not present yet in a country, then to proceed with liberalisation can
lead to specific negative results or even a general situation of persistent
recession. Thus to pressurise such countries to liberalise would be to help
lead
them into an economic quagmire.
Developing countries must have
the ability, freedom and flexibility to make strategic choices in finance,
trade and investment policies, where they can decide on the rate and scope
of liberalisation and combine this appropriately with the defence of local
firms and farms.
And this is why there should be a freeze on further
steps to impose more liberalisation on developing countries through
new issues or a new Round in the WTO Seattle meeting. The rich countries
must now correct the imbalances and inequities in the world trading system
--- they should increase their market access to products from developing
countries, but they should not press the developing countries to further open
up. Developing countries should be allowed to choose their own rate of
liberalisation.
II. The Failure of Seattle
The spectacular failure
of the WTO Seattle meeting had its roots in both the system of
decision-making and the substance of the negotiations. In the many months of
the preparatory phase, developing countries generally were more
concerned about their non-benefits from the WTO Agreements and about
the need to correct the problems of implementation. Most of them were not
in the frame of mind to consider or welcome the new issues being pushed by
developed countries. The latter on the other hand were aggressively promoting
several new issues, such as investment, transparency in government
procurement, competition, a new round of industrial tariff cuts,
and finally labour and environmental standards. At Seattle, the US push
for labour standards led by President Clinton confirmed the worst fears of
developing countries that the WTO was
sought to be tilted even more against
them by the big powers.
The clash of interests over substance was
worsened greatly by the utter disrespect for democratic participation of
the majority of Members and the great lack of transparency in
the multitude of talks held in small groups that the majority had no
access to. This was compounded by several manipulative tactics, including the
non-incorporation of the views expressed by many Members in the negotiating
drafts. It became clear that an attempt was being made to railroad
developing countries into agreeing to proposals and texts they had
not agreed to, had opposed or had not even seen at all. In the end many
developing country delegations made it clear, including through open
statements and media conferences, that they would not join in a "consensus"
of any Declaration in which they had no or little part in formulating. The
talks had to be abandoned without the issuing of any Declaration or even
a short statement by Ministers.
The tasks ahead include the need to
address both substance and process. The grievances and complaints of
developing countries -- that they have not benefitted from the Uruguay Round,
and that the problems of implementation of these Agreements have to be
rectified -- must urgently and seriously be tackled. The process of
decision-making and negotiations in the WTO has to be democratised and made
transparent. "Green Room" meetings should be discontinued. Every Member,
however small, must have the right to know what negotiations are taking
place, and to take part in them. Until the reforms to the system and to
the substance of the WTO take place, the organisation's credibility will
remain low. And for the reforms to take place, there should be a stop to the
pressures being exerted by some of the developed countries to inject yet more
new issues into the WTO. The following sections touch on
these issues.
III: Lack Of Benefits for Developing Countries from
the Uruguay Round
Officials from many developing countries are
complaining that their countries have not benefited from the WTO Agreements
of the Uruguay Round. And that as a result the credibility of the WTO
trade system could be eroded. What is the basis of
the complaints?
Most developing countries have not developed yet to a
stage where they are able to meet the challenge to significantly exporting
to the world market. It was believed however that the Uruguay Round would
improve their chances by increasing the market access of developing
countries' exports to the rich countries' markets.
The hopes were
especially on textiles and agricultural products where developing countries
have some comparative advantage, and also on some other industrial products.
But five years after the Uruguay Round came into effect these expected
benefits have not materialised, and as a result there is a major sense of
disillusionment or even betrayal that developing countries in general feel
about the developed trading countries.
Some examples of
this:
Market Access in Industry has not improved.
A lowering of
Northern countries' industrial tariffs is supposed to benefit those Southern
countries with a manufacturing export capacity. Even then, the reduction
of average industrial tariffs of developed countries has only been from
6.3% to 3.8%, which means that an imported product costing $100 before duty
could enter after duty at $104 instead of the previous $106, which is not a
significant reduction. In contrast, many developing countries made
huge reductions in their tariffs and bound them. According to WTO expert
Mr Bhagirath Lal Das, India's average industrial tariff was reduced from 71
to 32 percent, Brazil from 41 to 27 percent, Venezuela from 50 to 31 percent.
"Tariff peaks" (or high import duties on certain products) remain in the
rich countries for many industrial products that developing countries
export. For instance the US tariff for concentrated orange juice is 3 1%.
This means that some potential exports of developing countries are still
blocked.
No gains yet from the supposed phasing out of textiles
quotas
The Uruguay Round's agreement on textiles and clothing
was aimed at phasing out the special treatment of the textiles
and clothing sector, in which the developing countries had for the past
quarter century had agreed to subsidise the North by allowing quotas to be
placed on their exports in this sector. This ten-year phase-out was supposed
to be the aspect of the Uruguay Round to most immediately benefit the South,
or at least the Southern countries that export textiles, clothing and
footwear.
However, textile-exporting developing countries have
been extremely disappointed and frustrated that five years after the
phase-out period began, they have not yet seen any benefits. This is due to
the "endloading" of the implementation of developed countries (that is,
the liberalisation of most of the products they buy from developing
countries will take place only in the final year or years), and the benefits
will accrue only at the end of the ten year phase-out period. Although
developed countries have legally complied with the agreement by phasing out
quotas proportionately, in fact they have chosen to liberalise on products
that are listed but which they have not actually restrained in the past. As a
result, developing countries have not benefited. They are now pressing
proposals that the developed countries improve the quality of
their implementation of the agreement on textiles and
clothing.
Increase in non-tariff barriers such as anti-dumping
measures
Developing countries are also concerned and bitter that
the supposed improvement of market access through tariff reductions is
also being offset by an increase in non-tariff barriers in the rich
countries. A major problem has been the use (or rather abuse or misuse) of
anti-dumping measures, especially by the US and the EU, on products of
developing countries, including on textiles.
The use of such measures
(anti-dumping and countervailing measures) against developing countries'
products has become more frequent after the Uruguay Round. Many countries
have proposed that the misuse of these measures be curbed by amendments to
the Anti-Dumping Agreement. However this is stoutly resisted by the
US. Continued high protection in agriculture
The Agriculture
Agreement was supposed to result in the import liberalisation and reduction
of domestic support and export subsidies for agricultural products especially
in the rich countries, and this was expected to improve the market
access of those Southern countries that export agricultural products. As
it turned out, however, the protection and subsidies have been allowed to
remain very high. For example, in the initial year of the agreement, there
were very high tariffs in the US (sugar 244 percent, peanuts 174 percent), EU
(beef 213, wheat 168); Japan (wheat 353), Canada (butter 360, eggs 236).
The rich countries have to reduce such high rates by only 36 percent on
average to the end of 2000. The tariffs have thus been still very high making
it impossible for developing countries' exports to gain access.
Also,
the Agreement has allowed the developed countries to maintain most of the
high subsidies that existed prior to the Uruguay Round conclusion. For
example, they are obliged to reduce their very high domestic subsidies by
only 20%. In contrast most developing countries had no or little
domestic or export subsidies earlier. They are now barred by
the Agriculture Agreement from having them or raising them in future.
There is a great injustice in this very odd
situation.
Conclusion
As seen from these examples, from the
viewpoint of countries of the South, one of the major categories of "problems
of implementation of the Uruguay Round" is the way the Northern countries
have not lived up to the spirit of their commitments in implementing (or not
implementing) their obligations agreed to in the various Agreements. This has
led to the non-realisation of the expected benefits to
developing countries of their joining the WTO.
IV: "Implementation
Problems" Faced by Developing Countries from the Uruguay Round
One of
the reasons the developing countries are reluctant to endorse new initiatives
or new issues in the Seattle WTO meeting is because they are still struggling
with serious problems in their having to implement the Uruguay
Round.
The Uruguay Round resulted in several new
legally-binding agreements that require developing countries to make
drastic changes to their domestic economies in such diverse areas
as services, agriculture, intellectual property and investment measures.
Many developing countries did not have the capacity to follow the
negotiations, let alone participate actively, and did not really understand
what they committed themselves to. Some of the agreements have a grace period
of five years before implementation. That period will be over end of
this year. The problems they will encounter from having to implement these
agreements are thus only starting and are bound to get worse.
The
following are some of their major general problems:
(a) having to
liberalise their industrial, services and agriculture sectors will cause
dislocation to the local sectors, firms and farms as these are generally
small or medium sized and unable to compete with bigger foreign companies
or cheaper imports; and this could threaten jobs and livelihoods of
millions;
(b) the Uruguay Round removed or severely curtailed
the developing countries' space or ability to provide subsidies for local
industries (due to the subsidies agreement) and their ability to maintain
some investment measures such as requiring that investors use a minimum level
of local materials in their production (this is prohibited by
the trade-related investment measures agreement);
(c) the TRIPS
agreement prevents local firms from absorbing or internalising some
technologies over which other corporations (mainly foreign firms) have
intellectual property rights; this would curb the adoption of modern
technology in the South; also, prices of medicines and other essential
products are expected to rise significantly when the new IPR regime
takes effect in the next few years.
Problems Caused by Some
Agreements
Agriculture Agreement
The Agriculture Agreement could
have severe negative effects on many Third World countries. Most of them
(excepting the least developed countries) will have to reduce
domestic subsidies to farmers and remove non-tariff controls
on agricultural products, converting these to tariffs and
then progressively reducing these tariffs. This will impose
global competition on the domestic farm sector. Farmers unable to
compete
with cheaper imports may not survive. Hundreds of millions of small Third
World farmers could be affected. There is also a category of developing
countries which are net food importers; as subsidies for food production are
progressively reduced in the developed countries, the prices of
their exports may increase; the net food importers may thus face rising
food import bills.
A recent FAO study of the experience of 16
developing countries in implementing the Uruguay Round
agriculture agreement concluded that, "A common reported concern was
with a general trend towards the concentration of farms. In the virtual
absence of safety nets, the process also marginalised small producers and
added to unemployment and poverty. Similarly most studies pointed to
continued problems of adjustment. As an example, the rice and sugar sectors
in Senegal were facing difficulties in coping with import competition
despite the substantive devaluation in 1994." (FAO Paper, Experience with the
implementation of the Uruguay Round agreement on agriculture, synthesis of
country case studies, Sept 1999, prepared by FAO's Commodities and Trade
Division).
Many developing countries during the preperations for
Seattle have proposed to amend the Agriculture Agreement to take
into account their problems of implementation. In most
developing countries, small farmers form a large part of population. Their
livelihoods and products (especially food) are the main basis of Third World
economies. These livelihoods could be threatened by agricultural
liberalisation under the agriculture agreement. Local food production could
also be threatened by cheaper imports. Developing countries would
then become more dependent on imports for their food supplies,
thus eroding national food security.
To deal with these two serious
problems, many developing countries (including India, Indonesia, Egypt, Sri
Lanka, Uganda, Zimbabwe, El Salvador etc) have proposed that developing
countries be given flexibility in implementing their obligations on the
grounds of the need for food security, defence of rural livelihoods and
poverty alleviation. They proposed that that in developing countries, food
produced for domestic consumption and the products of small farmers shall be
exempted from the Agriculture Agreement's disciplines on import
liberalisation, domestic support and subsidies.
The TRIMS (Trade
Related Investment Measures) Agreement
In the TRIMS Agreement,
"investment measures" such as local content (obliging foreign firms to use at
least a specified minimal amount of local inputs) will be prohibited for
most developing countries from Jan. 2000. This would prevent them from
maintaining policies they have had to promote the local firms, to enable
greater linkages to the domestic economy, and to protect the balance of
payments. Developing countries need these policies because of the low level
of development of the local sector, which would not be able to withstand
free
competition at this stage. Thus, by implementing TRIMS, developing
countries will lose some important policy options to pursue their
industrialisation.
In the review of the TRIMS Agreement, which is
scheduled to begin in 1999, the problems of implementation for
developing countries should be highlighted. Tle prohibition of
"local content" requirement (i.e. that firms or projects make use of a
certain minimum amount of local materials) will seriously hinder the efforts
of developing countries to promote local industry, save on foreign exchange,
and upgrade local technological capacity. There is also a prohibition
on investment measures that limit the import of inputs by firms to a
certain percentage of their exports. Such measures had been introduced to
protect the country's balance of payments. The prohibition of these two
investment measures will make the attainment of development goals much more
difficult.
The TRIMS Agreement should be amended to allow
developing countries the right to have "local content" policy and to limit
the import of inputs to a certain percentage of a
firm's exports.
Several developing countries (including Brazil,
India, Indonesia, Malaysia, Pakistan, Uganda, Egypt) have been demanding
in the pre-Seattle negotiations in the WTO in Geneva that TRIMS be amended to
provide developing countries the flexibility to continue using such
investment measures to meet their development goals.
TRIPS
(Trade-Related Intellectual Property Rights) Agreement
The South's
collective loss was most acutely felt in the agreement on TRIPS (Trade
Related Intellectual Property Rights) through which countries are obliged to
introduce IPR legislation with standards of protection that are similar
to Northern countries. This will hinder Southern countries' indigenous
technological development. It should be noted that the present industrial
countries did not have patent or IPR laws, or laws as strict as will now be
imposed through TRIPS, during their industrialising period, and this enabled
them to incorporate technology design originating from abroad in
their local systems.
The agreement will also give rise to increasing
technical payments such as royalties and license fees to TNCs owning most
of the world's patents. The new IPR regime will also have significant
impact on raising the prices of many products. By restricting competition,
the IPR rules will enable some companies to jack up prices of their products
far beyond costs and thus earn rents in terms of monopoly revenues and
profits. This is clearly seen in the case of computer software.
Also,
most Third World countries have in the past exempted agriculture, medicines
and other essential products and processes from their national patent laws,
but with the passage of TRIPS, everything is subject to IPRs
unless explicitly exempted. The prices of medicines are expected to shoot
up in many countries, and foreign drug sales will increase rapidly at the
expense of local products.
The TRIPS agreement also opens the door to the
patenting of lifeforms such as microorganisms and modified
genetic materials, thus providing the boost in incentives so much desired
by the biotechnology industry. Many environmentalists are concerned that this
will be detrimental to the global environment as the present lack of controls
and accountability in biotechnology research and application will
likely accelerate biodiversity loss and could threaten
natural ecosystems.
For plant varieties, TRIPS does permit countries
the option to either introduce patents or an alternative "effective"
sui generis system of intellectual property protection. This has to be
implemented by Jan. 2000. Many farmers' groups (especially in India, where
huge farmers' demonstrations and rallies have been held against GATT/WTO) and
environmentalists are concerned that in the end Third World farmers will
be
disallowed the traditional practice of saving seed for the next
season's planting (if the seed used is under the
intellectual protection of a
company) but forced to purchase the seeds from companies.
Given these
many problems, the TRIPS agreement should be amended to take into account
development, social and environmental concerns. Meanwhile, the grace period
before implementation should be extended. Many developing countries have
made formal proposals before and at Seattle that a review of TRIPS along
these lines be made and that there should be an extension of the
implementation dateline. So far the US and EU have turned down these
requests, insisting that the laws already created cannot be
changed.
Recently there have been calls from some eminent
economists and from some NGOs to take the TRIPS Agreement out of
WTO altogether. TRIPS is a protectionist device, and should have no place
in an organisation that is supposed to be committed to liberalisation.
Moreover IPRs is not a trade issue. By locating it in the trade system, the
road is open to overload the WTO with more and more non-trade
issues.
Conclusion
These are only a few examples of how developing
countries are facing immense problems now and especially in future. They
are unable to absorb the changes they are required to make to their
economic and social policies. Thus many of the countries are correctly
arguing that they need time to digest the Uruguay Round, that some of the
rules that are unfair and that generate serious problems should be reviewed,
and that until these are satisfactorily resolved there should not be
fresh demands on them to liberalise further, especially through new issues
such as investment and government procurement.
Given the serious problems
faced by developing countries in implementing their Uruguay Round commitments
(and in the developed countries not properly implementing
their commitments), there should be a review of many of the Agreements
with a view to amending them. In fact many of the Agreements themselves
mandate that reviews be carried out four or five years after their coming
into force.
The next three to five years of the WTO's activities
should focus on the review process, so that the opportunity to rectify the
defects of the Agreements can be taken. This review process would in itself
be a massive task, involving analyses of the weaknesses of the various
Agreements, assessments of how they have affected or will
affect developing countries, proposals to amend the Agreements,
and negotiations on these proposals.
V: Why the Wto Should Not Take on
New Issues
A major reason for the failure at Seattle was the
reluctance and refusal of many developing countries for allowing the
WTO to be given the mandate to take on more new issues for negotiating new
agreements, which had been proposed by some of the developed countries.
Saying no to the proposed new issues makes much sense.
If the WTO is
to improve its already poor credibility, it should focus in the next few
years on reviewing problems of implementing the Agreements and make the
necessary changes in the agreements. These will be enormous tasks. They will
not be properly carried out if there is a proliferation of new issues in a
new Round. The extremely limited human, technical and financial resources of
developing countries and their diplomats and policy makers would be diverted
away from the review process to defending their interests in
the negotiations on new issues. The limited time of the WTO would also be
mainly engaged in the new issues.
There will be little time for
examining, reviewing and improving the existing agreements, and the problems
arising from their implementation will increase through time
and accumulate, and manifest themselves in social and economic dislocation
and political instability in many countries
.
If this is not enough, most
of the proposed new issues would also have the most serious consequences for
the South's future development. Issues such as investment rules,
competition policy and government procurement do not belong in the
WTO (which is supposed to be a trade organisation) in the first place.
They are sought to be placed there by the developed countries to take
advantage of the enforcement capability (the dispute settlement system) of
the WTO, so that disciplines can be effectively put on developing countries
to open their
economies to the goods, services and companies of
the developed countries. Other issues relate to labour, social
and environment standards. These too should not enter the WTO as issues to
be negotiated into new agreements. If they do so, then these issues are
likely to be made use of by developed countries as protectionist devices
against the products and services of developing countries.
Should the
developed countries continue to push and pressure for these new issues, then
the WTO will continue to be split, and moreover other pressing issues such as
the problems resulting from the existing Agreements would not be
tackled. Developing countries should therefore not accept and
developed countries should refrain from the injection of these new
areas into the WTO.
VI: Conclusions
The multilateral trade
system faces a crisis and a crossroads. To resolve the crisis of identity and
credibility, the following should be considered:
1. Review the record
of liberalisation and take a more realistic approach. This requires a
slowdown or stop to
pressures being put on developing countries for
further liberalisation. After all, if the developed countries
continue after so many years to maintain such high protection
in agriculture, textiles and some industrial products (and argue that they
need more toime to adjust), they have no basis to insist that developing
countries must continuously liberalise in services or industrial products on
the supposed ground that such liberalisation is automatically good for
them.
2. Reassert the objective of the trade system as primarily
the development of developing countries which form the majority of the
membership. Liberalisation or "free trade" should not be the operational aim.
The goal should be development. Therefore there should be a shift of emphasis
away from removing what is considered "trade distorting", to instead removing
the obstacles to development, or to review and rectify policies
or practices that are "development distorting." The goal and dimension of
development must be primary in WTO rules and assessment of proposals or
measures. The "special and differential treatment" principle should be
greatly strengthened operationally, far beyond its present weak
state.
3. The problems of implementation of the Uruguay
Round agreements should be given the top priority at the WTO. There is a
danger that after the Seattle failure, these problems will again be sidelined
as the focus is given to the problem of participation and transparency. It
must be recognised that the main cause of the Seattle failure was the
disillusionment of many developing countries with the inequities of the
rules and the negative effects these would have on their economies and
societies. To restore credibility to the trading system in the eyes of
developing countries, the following should be done:
(a) Developed
countries should take measures to greatly increase market access for
developing countries' products, such as in agriculture, textiles and
industrial products (where there are now high tariffs); moreover they should
stop taking protectionist measures such as anti-dumping measures;
(b)
In the many areas where developing countries face problems in implementing
their obligations (such as in TRIMS, TRIPS, agriculture), a review and change
of the existing rules should be done on an urgent basis. For a start, the
sets of proposals put forward by developing countries during the
preparations for Seattle (many of which are contained in the
draft Ministerial text of 19 Oct and more are contained in the compilation
of proposals) should be treated with urgency by the WTO General Council. A
mechanism should be set up to
consider these proposals and to rectify the
problems (including through amending the agreements) as soon
as
possible;
(c) In the meanwhile, where the transition period
for developing countries has expired (for example, in TRIPS and TRIMS), an
extension should be given at least until the review process is completed.
There should also be a moratorium on bringing dispute cases against
developing countries on issues where the reviews are taking place.
4.
Serious consideration should also be given to trimming the WTO so that it can
carry out its tasks of regulating trade relations for the benefit especially
of developing countries. In areas where it has accumulated a mandate that
is inappropriate, steps should be considered to hive off these aspects.
For example, it should be seriously discussed whether the TRIPS agreement
should remain within the WTO.
5. There should not be pressures to
introduce new issues such as investment, competition, procurement, labour
and environmental standards as these would overload the system further and
lead to tremendous systemic stress and great tensions and divisions in the
organisation.
6. The system and culture of decision making in the WTO
must undergo serious reform. This cannot be done in a rush but has to be
considered carefully, in a process in which all Members have full
participation rights. The exclusive Green Room meetings (which do not have
the mandate of the full Membership, and which are not officially announced,
nor are the results of the meetings made generally known) should
be discontinued. Manipulative methods (such as at Seattle
where chairpersons of groups declared there was a consensus view
when
there was none, or when points made by some members are ignored) should stop.
At meetings where issues are discussed and drafts are made and negotiated,
there should be transparency and participation, where each Member is given
the right to be present and to make proposals. Even if some system of
group representation is considered, all Members should be allowed to be
present at meetings and have participation
rights. The Secretariat should
also be impartial and seen to be impartial. Whatever results from the reform
process, if there is one, the system should reflect the fact that
the majority of Members are now from developing countries which have as
much stake or more in a truly fair and balanced multilateral system as the
developed countries, and therefore the system must be able to provide the
developing countries with the means with which to voice their interests
and exercise their rights.
For more information and
background analysis from the Third World Network, see the Third
World
Network web site (http://www.twnside.org.sg).
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