Draft Declaration
26^th Sept.

Reactions to the Draft

Draft Declaration
27^th October

Comments

Alternative Formulations Proposed

35. Text to be considered, taking into account the report to be submitted by the Committee on Trade and Development.

This was a missing element in the 26 September draft. Many developing countries strongly objected to the absence of any language under this title in the draft. They also pointed out that para should reflect their proposal (submitted in July 2001 by Cuba, Dominican Republic, Honduras, India, Indonesia, Kenya, Malaysia, Pakistan, Sri Lanka, Tanzania, Uganda and Zimbabwe) for the negotiations to elaborate a Framework Agreement on Special and Differential Treatment.

37. We reaffirm that provisions for special and differential treatment are an integral part of the WTO Agreements. We note the concerns expressed regarding their operation in addressing specific constraints faced by developing countries, particularly least-developed countries. In that connection, we also note that some Members have proposed a Framework Agreement on Special and Differential Treatment (WT/GC/W/442). We therefore agree that all special and differential treatment provisions shall be reviewed with a view to strengthening them and making them more precise, effective and operational. In this connection, we endorse the work programme on special and differential treatment set out in the Decision on Implementation-Related Issues and Concerns.

The dilution during the Uruguay Round of the concept of special and differential treatment for developing countries by couching them in best endeavor clauses in various WTO agreements, and since then the lack of implementation of even the few legally binding S&D treatment provisions therein, is of major concern to developing countries. Comprehensive, effective and binding S&D treatment is essential for integrating developing and least-developed countries into the multilateral trading system. A group of developing countries, supported by many others, have therefore proposed the negotiation of a framework agreement on special and differential treatment. This para only takes note of the proposal. This is regrettable and, instead, the Ministers should commit to entrust the General Council to elaborate a Framework Agreement on Special and Differential Treatment. This elaboration should be completed by the 5^th Ministerial Conference and can include the elements suggested in the next column.