Bridges Weekly Trade News DigestVolume 7Number 27 • 28th July 2003

Civil Society Groups Criticise Negotiating Process, Members More Positive


In their reactions to the draft WTO Ministerial text released on 18 July (see related story, this issue), civil society groups criticised the "chair-driven" drafting process, which they say flouts rules of procedure guaranteeing an inclusive and consensus-based process. For their part, most Members cautiously welcomed the current process while also highlighting areas of particular concern where they would like to see further work carried out.

In a 22 July letter and memorandum sent to the WTO Director-General and trade ministers and ambassadors of WTO Members, ten civil society groups urged the WTO to reform its ‘undemocratic’ decision-making processes as well as address the lack of participation by developing countries. Targeting informal practices in the lead-up to ministerial meetings in particular, the groups urged the WTO to implement the reforms by the fifth WTO Ministerial in Cancun, warning that the outcomes would otherwise lose legitimacy with the public and among Members. The non-governmental organisations (NGOs) also cautioned against the practice of holding smaller, exclusive "mini-ministerials" to pave the way for decisions at the formal meetings.

Shefali Sharma of the Institute for Agriculture and Trade Policy questioned the practice of Chairs drafting texts — including the text of a draft ministerial declaration to be transmitted to Cancun — on their own responsibility "given the fact that the WTO is a rules-based Member-driven organisation". Aileen Kwa of the NGO Focus on the Global South expressed concern over that fact that Heads of Delegation (HOD) meetings currently taking place were informal, with no formal records. As a model for a new decision-making system, Martin Khor of the Third World Network suggested the UN, where decisions are reached through a more transparent and democratic decision-making process, including on sensitive political issues.

A WTO spokesperson responded by noting that, "all Members had an equal voice and could block any decision by refusing to approve it".

At the GC, Members expressed diverging views. Morocco, speaking for the African Group, said it welcomed the "transparent and inclusive" ongoing negotiations, though it stressed the centrality of development to the current round. India welcomed the draft ministerial text and the transparent procedure for moving ahead in negotiations, noting that the transmission of documents "should be a Member-driven and Member-owned process". Nigeria said it was encouraged by the transparency of the process so far, while the EU said a mix of open and closed meetings made the process workable. China said the draft text reflects the current reality in negotiations, and suggested including a section on the assessment and evaluation of past mistakes. The US called for more focus on a post-Cancun work programme in the text. Brazil noted that decision-making time was drawing closer and said success or failure would depend on how development aspects were addressed.

ICTSD reporting; "NGOs launch campaign for democracy at WTO," SUNS, 22 July 2003; "NGOs say WTO shuts out poor nations, needs reform," REUTERS, 23 July 2003.