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SEATINI BULLETIN
Southern and Eastern African Trade,
Information and Negotiations Institute
Strengthening Africa in World Trade
Issue theme:
Volume 7, No.16 Economic Partnership Agreements 31 Oct 2004
2
IN THIS ISSUE!
Eastern and Southern Africa (ESA) Economic Partnership Agreements Pages 1-5
(EPA) Third meeting of the Regional Negotiating Forum (RNF)
18th – 20th October 2004, Antananarivo, Madagascar
Jane Nalunga
ESA-EPA negotiations still lack substance and direction Pages 5 – 10
Richard Kamidza
Editorial: Beyond why No to EPAs
Chandrakant Patel Pages 10-12
Eastern and Southern Africa (ESA) Rwanda. The meeting considered the
Economic Partnership Agreements following issues:
(EPA) Third meeting of the Regional
Negotiating Forum (RNF) • Progress Reports from the
18th – 20th October 2004, National Development Trade
Antananarivo, Madagascar Policy Forum (NDTPFs).
• Minutes of the 1st Regional
Jane Nalunga Preparatory Task Force (RPTF)
• Minutes of the 1st Ambassadors
Although substantive negotiations and Senior Officials meeting
between the ESA countries and the EU • Progress report of the
began in September 2004, the 3rd RNF recruitment of a Chief
meeting indicated that the ESA region Technical Advisor (CTA) and
is far from ready to negotiate with the establishment of a permanent
EU. office in Brussels
• The coordination mechanism
The 3rd RNF met in Antananarivo (18th among the African regions
– 20th October, 2004) to chart a way
forward for the negotiations between A number of papers were also
the ESA region and the EU given the presented i.e. on Regional
fact that as per the Roadmap, integration (the EC tool box), on
substantive negotiations began Rules of Origin, Adjustment
September 2004. All the 16 member facility, Infrastructure Fund,
countries were represented apart from Intellectual Property as a
development tool, funding
SEATINI Bulletin Vol. 7, No. 14
1
arrangements, on WTO A number of ESA countries are still
compatibility; and a presentation awaiting funds from the EU to
by Egypt on how they negotiated undertake the studies. As regards the
their FTA with the EU. NDTPF, which are supposed to come
up with national positions, a number of
This paper gives an overview and member countries are still looking for
insights into the discussions that funding to undertake activities.
took place.
Negotiations despite readiness
Level of preparedness:
Despite this lack of readiness, at the 1st
Although substantive negotiations meeting of the ESA- EC Regional
began in September 2004, the 3rd RNF Preparatory Task force held in Brussels
meeting indicated that the ESA region on the 27th July 2004, the ESA Group
is far from ready to negotiate with the “presented their proposal to discuss the
EU. It was agreed by the ESA following negotiating issues from July
members that Impact Assessment 2004 –March 2005: Fisheries,
Studies (IAS) would be done before development issues and market
negotiations began to guide the access. Yet the minutes of the meeting
negotiations. So far only 5 IAS have of the ESA ambassadors and EC senior
been completed but the findings of officials which sat on the 30th July
these studies have not been synthesized 2004 in Brussels agreed that the ESA-
to guide the negotiations. There is no EU EPA negotiating process would
indication so far of what the studies address issues of: fisheries, market
came up with and how this will alter access, development and agriculture.
the way the ESA countries will This lack of coherence raises a number
negotiate. of issues.
Revenue loss and no Development Lack of Coordination
It is only Mauritius, which pointed out Firstly there are overlapping structures
that their studies indicated that and lack of coordination. In the 2nd
Mauritius will lose revenue up to 1.1 RNF meeting in Entebbe, it was
billion Rupees, if it partially opens up proposed that the ESA Group could
to the EU; and 1.6 billion Rupees if it begin to formulate negotiating
is a full EPA. The Mauritius delegation positions in ‘those clusters, such as
urged other members that the first step fisheries, where the Group has made
in the negotiations should be to ensure some progress. Other clusters may
that the EU makes a firm commitment include Development, Rules of Origin,
to address issues of building the and Sanitary and phytosanitary (SPS)
competitiveness of the ESA measures. This was a proposal. No
economies. They further pointed out agreement was reached. Yet in the 1st
that unless this is done, then the EPA meetings of the RPTF and ESA-EC
will not lead to development as officials, other areas were being
anticipated but to increased poverty. A proposed.
representative from the UNECA also
emphasized this point that it will be the The RPTF has a controversial
poor to carry this additional burden. negotiating structure. It is supposed to
be composed of the Chief Technical
Advisor (who has not yet been
SEATINI Bulletin Vol. 7, No. 16
2
appointed) supported by officials from EC in a number of areas between July
the embassies whose ambassadors 2004 and March 2005. The question
have been nominated as lead which arises is: “What is to be
Spokespersons, a representative of the negotiated under the proposed areas
ACP secretariat and technical experts since the NDPTFs have not come up as
who are to be selected by the RNF on yet with national position as they are
the side of the ESA Group. On the side still grappling with undertaking
of the EC the members are composed studies?” The time factor is also
of representatives from the EU important since there is only 5 months
Directorate of Trade. The main remaining to the proposed date of
objectives (among others) of this body March 2005.
is to “ prepare for the meetings of the
Lead ambassadors and the EC senior Thirdly is the lack of coordination in
officials, including preparations of a the negotiations. This was exhibited by
schedule of meetings, agreeing on the insistence of the ESA members
locations and preparing agendas”. It interested in the Ocean fisheries that
should be noted that negotiations at a they were ready to negotiate a
technical level are supposed to be Fisheries Framework Agreement with
carried out by the Lead ambassadors the EU while the members interested
and the EC senior officials, yet their in the Inland fisheries insisted that they
agenda is determined by an informal were not. The representative from the
body (RPTF). The other very ACP secretariat advised that there was
interesting objective of the RPTF is to no hurry to sign a fisheries agreement;
“exchange information on issues and the Deputy Secretary General of
pertaining to the negotiations with an COMESA also cautioned against
informal exchange of views on signing a fisheries agreement in a
negotiating positions so that areas of hurry as it was a delicate issue given
divergence and convergence are the way the Northern countries have
known to both sides enabling each side over fished their waters. These words
to be able to prepare for meaningful of caution did not deter the ESA
negotiations at the countries interested in the Ocean
Ambassadorial/Senior officials and fisheries.
Ministerial/Commissioner levels.”
Lack of Technical Capacities
A number of ESA delegates in both the
1st RNF (Mombasa) and 2nd RNF The technical capacity in the
(Entebbe) meetings questioned the COMESA secretariat is inadequate
efficacy of this body. But since it was given the complexity of the
the decision of the ESA ministers of negotiations. Most ESA members lack
Trade taken in Mauritius in Feb. 2004, both the technical and financial
the RNF has no powers to remove it capacities to undertake the EPA
from the negotiating structure. In an negotiations. The Brussels
attempt to bring order in the ambassadors, who will be negotiating
negotiations, in Madagascar, the RNF with the EC on the technical level,
directed the secretariat that in future, it have little experience in trade
will be the RNF to decide what should negotiations. It was proposed and
be discussed in the RPTF. agreed that a Chief Technical Advisor
(CTA) be appointed to assist with the
Secondly, the RNF had proposed to negotiations; but so far he/she has not
start substantive negotiations with the yet been appointed. The major
SEATINI Bulletin Vol. 7, No. 16
3
challenge today facing the ESA Group any value to the region, other than
is how to put the wonderful sentiments increasing the competitiveness of EU
expressed in the meetings; and the products in the region, leading to
issues arising from the studies into unemployment and increased poverty.
clear negotiating positions.
The Deputy Secretary General of
In fact there is a need to recruit not COMESA urged members not to rush
only a CTA but also a number of into signing agreements; and that the
technical people. The challenge is the RNF has the sovereign right to decide
funding since at the moment it is the whether the ESA region is ready or not
EU, which is footing most (if not all) to negotiate. That if the ESA region is
the costs of the negotiations. not careful, they might find themselves
in a situation of a horse and a rider in
Regional Markets should have been this economic partnership. That the EU
1st priority knows what they want yet the ESA
Group is not sure.
A number of delegates emphasized the
need to prioritise issues in the EU-Egypt: 40 rounds of negotiations
negotiation process. That the starting
point should be the building up of the A representative from Egypt shared
South –South integration process and their experience of how they
the creation of a regional market, a negotiated an FTA with the EU. He
necessary stage in promoting the explained that there were more than 40
smooth and gradual integration of rounds of negotiations between the
African economies into the global Egyptian negotiating team and the
economy. This was decided in Article European Commission for about four
37.3 of the Cotonou Agreement. and a half years and there were 10
“ The preparatory period shall also be drafts of the agreement.
used for capacity –building in the
public and private sectors of ACP He advised the ESA members that
countries, including measures to there is a need to negotiate safeguards
enhance competitiveness, for to limit the adverse effects of opening
strengthening of regional up to the EU and that they must be
organizations and for support to convinced that the EPAs are a tool for
regional trade integration initiatives, development. There are 3 years
where appropriate with assistance to remaining to the conclusion of the
budgetary adjustment and fiscal EPAs (up to December 2007), what
reform as well as for infrastructure chances does the ESA group, which is
upgrading and development, and for comprised of 16 countries, has to come
investment promotion” up with a balanced agreement with the
EU?
Increasing the EU competetiveness
and African poverty Production before opening up
The delegates pointed out that this The Egyptian representative also
should be the litmus test of the EU’s emphasized the importance of building
commitment to make the EPAs true production and trade capacity in areas
developmental. Some delegates of comparative advantage, and that this
observed that if this Article is not should precede trade liberalization, and
fulfilled, then the EPAs will not add that the EU support in this area is
SEATINI Bulletin Vol. 7, No. 16
4
crucial. The ESA countries have as yet submission of technical papers and
not built up their production and trade active participation in the NDTPF
capacities; and on the issue of and the RNF. There is space at
additional funding (with simpler and these two levels for CSOs
swifter deployment procedures) to engagement; and it is important
finance the many programmes required that we effectively utilize it.
to meet the challenges of reciprocal
trade arrangements with the EU; the 2. SEATINI has been organizing
technical workshops for the trade
EU has been insisting that there’s no officials in the Eastern and
need for additional funding as long as Southern African region, CSOs,
there are EDF funds. On the issue of private sector and the Geneva
the procedures, the EC has reiterated missions in preparation for WTO
that EDF procedures fall outside the Ministerial Conferences. These
scope of the EPA negotiations. meetings have been contributing a
lot in the strengthening of the
WTO Compatibility regions’ negotiating capacity in the
WTO through effective dialogue
A paper on this issue clarified that the and coordination among the
ACP Group in Geneva had submitted a stakeholders. There is an urgent
position paper to the Negotiating need to do the same for the EPA
Group on Rules seeking for negotiations.
amendments to Article XXIV of
GATT 1994 to take into account the 3. Information sharing and
needs of developing countries. Since strategizing at regional, Africa and
Article XXIV is under debate, the ACP levels, and also between
question arises as to what kind of Africa and its partners in the North,
EPAs are to be negotiated. There is is important and should be
still no indication whether this intensified.
development in Geneva would
substantively alter the nature of the Jane Nalunga is SEATINI’s Co-
EPA negotiations. ordinator in Uganda
_______________________________
Recommendations for CSOs: ESA-EPA negotiations still lack
substance and direction
1. There is a need to engage at 2
different but interconnected levels; Richard Kamidza
The “NO to EPA Campaign” must
be built on concretely negative The third Regional Negotiating Forum
effects of the EPAs on the ACP (RNF) meeting to define the future of
economies and peoples livelihoods. Eastern and Southern Africa (ESA)-the
This information can be obtained European Union (EU) trade regime
by analyzing the studies already was held in Antananarivo, Madagascar
carried out i.e. by the ACP from 18th to 20th October this year.
countries and other organizations. This meeting followed hard on the
At another level, we need to feed heels of the Dedicated Session on
directly into the negotiations by Fisheries, in which the ESA coastal or
giving technical backup to the island member-states had agreed on a
negotiators at both national and compromise on Marine Fisheries Rules
regional levels through the of Origin. But more of this later.
SEATINI Bulletin Vol. 7, No. 16
5
organisations, non-governmental
The progress of the National organisations and some social
Development Policy Trade Forums movements, which was the central
(NDPTFs) remains almost the same as thesis of SEATINI’s presentation.
reported in the Entebbe meeting. The However, SEATINI is mindful of the
Secretariat reported that it had not fact that such countries like Kenya,
received any written reports on the Uganda, Zambia and Zimbabwe had
activities of NDTPFs and that only five included members of the civil society
countries had submitted copies of their in their delegations. In fact, Kenya had
impact assessment studies. SEATINI’s a member of parliament in their
presentation further exposed inherent delegation. It is imperative in future for
weak consultations and involvement of delegations to inform the RNF meeting
all key stakeholders in the process. For of their composition, especially given
example, the failure to respect the lack of written progress reports that
ESA-EPA roadmap guidelines such as inform national activities, processes
submission of written progress reports and developments.
to the meeting. It was further argued
by SEATINI that anything short of The above clearly show weak
written reports makes it very difficult preparedness on the ESA member-
for interested parties to assess the level states to begin to meaningfully talk of
of consultations and involvement in the configuration’s positions. As
each ESA member-state. argued above, only five countries –
namely - Madagascar, Mauritius,
Unfortunately, some members feel it is Seychelles, Uganda and Zimbabwe
not important to reveal the weaknesses have submitted their National Impact
being observed. This is really a major Assessment (NIA) studies. Indications
worry to those keen to see a fair and are that the rest of the countries need at
just EPA outcome in this least two months to finalise their
configuration. We feel it is high time studies assuming that all the logistical
governments officials understand that problems, particularly the finalisation
as long as the laid down criteria is not of the terms of reference and the
followed, particularly on effective disbursement of funds receive urgent
engagements, then the process will go attention. This development has
nowhere. In the subsequent profound impact on sequencing of
discussions, SEATINI also queried negotiating positions of the
why ESA institutions (governments configuration. Despite this major
and regional secretariat) seem to be setback, which is largely of the EU
afraid of close scrutiny by making, the newly established
stakeholders, particularly civil society. Regional Preparatory Task Force
Interestingly in an effort to exonerate (RPTF) during its July meeting went
themselves from their own on to prioritise fisheries, development
incompetence, some delegates went on issues and market access for the period
to inform the meeting that so and so July 2004 and March 2005. The RPTF
was from the non-state actor as well as is an informal body of experts, which
quoting the invitation letter as in line allows each side to get better technical
with the spirit of ensuring that understanding of the other side’s
countries delegation include non-state position so as to smoothen
actors. Close observations noted that negotiations. This illustrates why the
some delegations only included the ESA configuration process, if not
private sector without the civil society checked, may result in a bad deal.
SEATINI Bulletin Vol. 7, No. 16
6
Interestingly it was reported that even address the needs of the people. Only
the European Commission (EC) felt if ESA players proceed with this route
the need to further discuss how to can the EPA process minimise
prepare discussions and negotiations in negative implications to the economies
each cluster in detail bearing the need and the socio-political ramifications to
to focus on region’s integration efforts. its citizens. A focus on South-South
Some delegates wondered why already first will also enable the process to take
agreeing to sequence cluster care of specific situations of island
negotiations when NIA studies are yet member-states as well as issues of
to be completed as well as wondered competitiveness and proper sequencing
who prioritises the sequencing of of clusters as advised by studies.
cluster negotiations. “We are hearing Failure to heed this may lead to
this for the first time. …,” remarked frustration, as EU is likely to adopt a
the Zambian delegation. Agriculture is near abroad strategy, which invariably
at the pinnacle of negotiations under benefits its new member-states than the
the Doha Development Agenda, and ESA region.
such, should be treated with the
importance it deserves. This prompted The process now seems to be firmly
others to wonder why agriculture, under the directions of the COMESA
which is also the backbone of many secretariat and Ambassadors in
ESA economies is not being Brussels with governments and private
prioritised? This emerged again as a sector to some extent guessing what to
potential area not only to confuse the do. Other non-state actors – civil
process, but may also create divisions society, media and MPs are still
within the configuration, a restricted to the periphery of
development that may result in a bad engagement. This is despite the South
EPA outcome. In addition, one of the African and Egyptian experiences,
Ambassadors argued that RPTF should which were shared to the participants
be more organised for the EU could in Entebbe and Antananarivo,
not wait for ESA to prepare its respectively. In Entebbe, ESA was
positions. A critical reflection of this advised to effectively use the civic
leads to the question “why are our bodies in this process both at the
ambassadors eager to negotiate when national and regional levels. Similarly
the capitals are not ready?” All these in Antananarivo, the Egyptian
developments leave one pondering, Ambassador presented some lessons
“who is really in charge of this including:
process?” Is this another repeat of the
fisheries cluster? • The complexity of the process
which resulted in 40 rounds of
A review of the roadmap allows ESA negotiations and 10 draft
member-states to build markets first position documents that were
for themselves, a development that concluded after four and half
cements the South – South trade years. The lesson for ESA is to
cooperation leading to stronger ensure more time is needed in
economic ties and deeper regional order to reach some agreements
economic integration. This is a within the configuration so as
political leverage, which ESA can use to aim for a win-win situation;
to slow down the process with the view • ESA should refuse political
to adequately prepare itself for an conditionalities on any
“EPA” with a human face that will particular issue, which may
SEATINI Bulletin Vol. 7, No. 16
7
end-up compromising the constraints currently inhibiting
process. It is thus imperative ESA member-states from
for the configuration to clearly enjoying the EU market;
define and understand its • ESA to ensure that adequate
defensive and offensive provisions of financial support
interests; are guaranteed in the new trade
• ESA was reminded that pact well before reaching the
negotiating with such a final agreement; and
powerful economic block is • ESA should ensure that the
very difficult, and thus it rules of the origin are identical
becomes imperative to identify across the region as well as
certain issues, which are not monitoring the gap between
subject to negotiations. In exports and imports between
difficult situations, it is even ESA and EU. This indicates the
beneficial to the configuration direction of benefits and losses
to suspend the negotiations as a to the configuration. Other
strategy to refocus the process; issues to consider include safe
• It is imperative to have one guards measures and non-trade
chief negotiator supported by barriers.
different cluster negotiators
with adequate backing from the It is important for ESA therefore to
capitals. It is also imperative understand that it is dealing with a very
for ESA to prepare adequately strong, powerful, united and more
for these negotiations while at integrated region, which is already
the same time ensuring good aware of its defensive and offensive
relationships between and/or interests. Moreover, ESA economies
among Brussels, Geneva, are vertically linked to the EU and for
capitals, COMESA and ACP centuries have remained providers of
Secretariat. In this way, ESA raw materials and consumers of their
should always follow up issues finished goods. All this suggests taking
as well as coordinate various into account the political dynamics of
efforts employed in this this process, which unfortunately is
process. It is also imperative missing at the moment. It also suggests
for the configuration to a strong spirit of consulting and
understand one another. In involving widely.
addition, the configuration
should intensify training Is ESA process going to achieve a
courses for negotiators as well common goal? It is important to note
as blending this with that unity of purpose which is largely a
experience; product of proper coordination
• ESA should ensure that the between and/or among capitals,
transitional period of opening ambassadors and regional secretariat;
up their industries to EU clear roles and respect of governments
products is not too short, a as the main driving force in the
development that protects jobs process; wide consultations and
while avoiding social unrest involvement of all non-state actors;
and political instability. In the and slowing the process if ESA
same vein, ESA should ensure toolbox is lacking vital instruments
that the process adequately such as studies. Only if the above is
address the supply-side obtained will ESA become firm and
SEATINI Bulletin Vol. 7, No. 16
8
well focused to negotiate an EPA as a effective and reciprocal trade between
formidable force. Most economic ESA and EU” which then formed the
policies and paradigms including trade basis for discussing this issue.
regimes (both bilateral and However, the above development left
multilateral) in the past have failed to some participants wondering as to who
extricate ESA economies from the between the ESA governments and the
colonial economic bondage that has COMESA secretariat is driving the
continued to subject its citizens to negotiating process. Rightly so, the
abject poverty. Ugandan delegation during the plenary
session queried why the COMESA
Marine Fisheries Framework Secretariat seemed to be creating some
Agreement ‘green rooms’ in this process. “Already
Mr Chairman, the coastal countries
The Dedicated Session on Fisheries have developed and agreed on the
attended by ESA coastal or island fisheries agreement framework while
member-states on the 15th October in the inland fisheries studies are still
Madagascar agreed on a compromise underway,” remarked the leader of the
on Marine Fisheries Rules of Origin. Ugandan delegation. What is more
This gave birth to the final version of worrying so far in this process is the
the Marine Fisheries Framework emerging divisions on arriving at an
Agreement, ready to be used by those ESA-EPA cluster outcome within a
countries wishing to negotiate a month of substantive preparations to
national Fisheries Framework negotiate as a block with the powerful
Agreement with the EU. “The Marine EU partner. This illustrates ESA’s
Fisheries Framework Agreement is failure to consult and involve widely
available in both English and French”, all key stakeholders, particularly civil
the COMESA secretariat informed the society, media and members of
participants. parliament (MP) in the process.
Adequate checks and balances are thus
While this framework excluded the crucial to avoid such a dual
ESA inland countries, the new agenda development of positions. Even the
also excluded the ‘inland fisheries’ African-Caribbean-Pacific (ACP)
their only hope to ensure that the delegate advised that ESA should not
process in this cluster addresses the hurry to negotiate and sign any cluster
interests of all member-states of this positions, for once signed, it becomes
configuration. This exclusion did not very difficult to get out of it.
go well with such countries like
Zimbabwe, which had come well The RNF meeting then agreed to hold
prepared, with all the intellectual the Dedicated Session on inland
support to engage on this issue. “Mr fisheries in January 2005 in Malawi. It
Chairman, my delegation strongly is thus hoped that the progress of this
urged the meeting to bring back the meeting will give indications and
inland fisheries back on the agenda directions as to when the common
because we have already brought an position on fisheries cluster between
expert on fisheries to lead us in the marine and inland countries would
engaging this meeting,” the leader of merge. Until then, it remains a guess to
the Zimbabwean delegation said. some religious followers of this
Subsequently, Malawi and Zimbabwe process if the outcome of the inland
presented a paper entitled “The need fisheries will have any bearing
for inland fisheries industry to form an (positive or negative) of the new
SEATINI Bulletin Vol. 7, No. 16
9
Marine Fisheries Framework negotiating train has already left the
Agreement. station. This impression is reinforced
by the various deadlines and
Richard Kamidza is the Programme institutions created to underpin the
Co-ordinator at SEATINI negotiations. In support of this, a
_______________________________ highly bureaucratic structure has been
Editorial: Beyond Why No to EPAS created to sustain the process: the top-
heavy apparatus includes, for example,
Chandrakant Patel an ESA Council of Ministers, a
Committee of Ambassadors, an ESA-
Recent issues of the SEATINI Bulletin EU Regional Preparatory Task Force, a
have drawn attention to the risks facing Regional Negotiating Forum, a
Eastern and Southern African countries National Development and Trade
engaged in EPAS negotiations under Policy Forum. In turn, they all backed
the Cotonou Agreement. The series of by a plethora of regional secretariats,
articles in this (and forthcoming) issue inter-regional task forces, working
of the Bulletin will continue to draw groups and the like. That this elaborate
attention to the complex, resource process has acquired its own life and
intensive and, ultimately, disastrous momentum is illustrated by the RNF
consequences for countries in our II’s response to a call by the civil
region. Whereas the rallying cry of society to slow the process so as to
“No to EPAS” has resonated with allow for adequate preparation. This
many in the civil society and among seemingly straightforward view,
trade negotiators, the political shared by many delegations, was
establishments in the region appear so brusquely rejected with the RNF
far to be lagging behind. maintaining that the EU will not
renegotiate the established timelines
Richard Kamidza and Jane Nalunga and therefore it was mandatory that the
examine the reasons why the civil ESA states proceed with negotiation on
society now strongly questions the a piece-meal manner. In this respect it
underlying logic of the EU-driven was suggested that come September
concept and process in their 2004, negotiation on Fisheries Rules of
contributions. It is the EU and not the Origin and development issues would
ESA countries that is building the go on as ESA concludes positions in
regional markets under the umbrella of the other clusters.
the EPA negotiations and preparing the
region for reciprocity. The EU is Setting aside for the moment questions
consciously leading the internal of the effectiveness of the structures
regional integration process and that have been created (see the analysis
working out the rules of origin for the by Kamidza and Nalunga on this point)
regions. Evidently, the EU does not or their consequences on the overall
have to negotiate free trade and new capacity of the trade negotiators to
issues: it is already building them into contribute substantively to the
the regions. negotiations, the question arises: what
further role should the civil society
Less clear, on the other hand, are play in this process? This is a difficult
strategies to thwart the process .The question and answers will no doubt
strong pressures now building up in the vary from one organization to the next.
region to conform to the provisions of But it is worth spelling out the
Cotonou give the impression that the dilemma: if the civil society is to
SEATINI Bulletin Vol. 7, No. 16
10
participate in the process (as it has the effectiveness of its own
been doing, albeit without much arrangements with the EU and
enthusiasm), does it not risk indirectly, in trade relations with the
legitimizing EPAS and in the bargain US, SACU and EFTA. Equally
limit its own role? How can we say “ important is the certain impact of the
NO to EPAS” and at the same time Doha negotiations on the EPAS
continue to be part of it? Then again, process: the July package that was
do we not risk being marginalized even adopted in Geneva envisages
further from the policy-making bodies significant progress in the stalled Doha
in our region if we were to disengage negotiations by the end of next year.
from the seemingly inevitable Are countries in the ESA region
outcome? sufficiently confident about the as yet
unknown range of commitments they
On one point, however, there is near- will be required to make in critical
complete consensus: in as much as the areas of NAMA, Services, Agriculture
studies and analysis of the implications and WTO Rules to engage in the EPAS
of EPAS for each participating country process?
are not yet in place, the participants
have every right, in their own self- Clearly, there are substantial reasons
interest, to say NO until such time as for saying NO to EPAS. But to do so
the issues and their implications are in an effective manner requires
thoroughly examined, understood and considerable political mobilization
supported by the public at large. An and, if necessary, for the civil society
important component of this analysis to take a lead and disengage from the
surely must include the impact of the formal work of the process. But this
on-going efforts by South Africa and also suggests that the civil society
SACU to strike separate and yet continues to contribute, outside the
parallel arrangements with EU, USA official framework, to provide
and EFTA. analysis, briefings and studies to
mobilize the political establishments in
SACU-EFTA negotiations, which the region to also disengage from the
started in May 2003 and are reported to process for now. The recent collapse in
be heading for a conclusion next year, the EU-Mercosur negotiations must
form part of SACU's strategy to encourage the civil society in our
consolidate a trade relationship region to continue to press our
between SACU and EFTA. Despite an Governments to withdraw from the
undertaking to confine the agreement negotiations and start afresh when they
to goods, agriculture and industrial are ready on their own terms.
products, the SACU-EFTA
negotiations have also considered
investment, intellectual property,
Chandrakant Patel represents
government procurement and
SEATINI in Geneva and is editor of the
competition. Similar negotiations
SEATINI Bulletin.
with the EU and the USA reportedly at
__________________________________
advanced stage, will have major
consequences for the ESA region and
_______________________________________________________________________
SEATINI Bulletin Vol. 7, No. 16
11
Produced by SEATINI Director and Editor: Y. Tandon; Advisor on SEATINI: B. L.
Das,
Editor: Chandrakant Patel
Assistant Editors: Percy F. Makombe; Rangarirai Machemedze, Riaz Tayob
Editorial Board: Chandrakant Patel, Jane Nalunga, Riaz Tayob, Percy Makombe and
Yash Tandon
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251648, Fax: +263 4 788078, email: seatini.zw@undp.org, Website: www.seatini.org
Material from this bulletin may be freely cited, subject to proper attribution.
SEATINI Bulletin Vol. 7, No. 07
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