The Marginalisation of African Agrigultural Trade and Development: A Case Study of the WTO'S Efforts to Cater to African Agricultural Trading Interests Particularly Cotton and Sugar

DOI10.3366/E0954889009000383
Published date01 September 2009
AuthorGuled Yusuf
Date01 September 2009
Pages213-239
INTRODUCTION

The overarching purpose of the WTO is the management and liberalisation of international trade. The most consequential and politically sensitive markets addressed by the WTO are, in the view of African countries, those related to the agricultural sector. Prior to the establishment of the WTO in 1995 attempts were made to liberalise agricultural trade, through its predecessor the General Agreement on Tariffs and Trade, in the Kennedy and Tokyo Rounds, but they failed primarily due to the unwillingness of the European Union to modify the protection afforded by its Common Agricultural Policy.1

G. Winham, ‘An Interpretative History of the Uruguay Round Negotiation’, from P. Macrory, The World Trade Organization: Legal, Economic and Political Analysis, Springer (2005), p. 11.

Since the 1980s, liberalisation of agriculture has become a litmus test for many countries of the possibility of achieving any reform of the multilateral trade system2

Ibid.

since the future of about 350 million small farms and their dependents in low- and middle-income countries depends upon improved access to well-functioning markets.3

J. Von Braun, Making Agricultural Trade Liberalization Work for the Poor, address delivered at the WTO Public Symposium ‘Multilateralism at a Crossroads,’ Geneva, 25 May 2004.

As expressed by one author, ‘The longer a gross imbalance against agriculture in the international trading system remained the greater was the threat to the credibility of an international trading system committed to non-discriminatory treatment and maximising opportunities for trade’.4

Senior Officials’ Group, GATT doc. SR.SOG/2, November 22 1985, at 8. Senior Officials Group, Record of Discussions: Note by the Secretariat, GATT Doc., SR.SOG/2, November 22 1985, at 17.

The issue of agricultural trade liberalisation has therefore become extremely decisive for two reasons in particular. First, it is symptomatic of the WTO's fulfillment of the aspirations and trade interests of commodity producing developing countries, particularly in sub-Saharan African (SSA), and equality between member states. For example nearly 80% of the population in sub-Saharan Africa live in rural areas and 70% of this rural population is dependent on food production since small-scale farming provides most of the food produced in Africa, as well as employment for 60% of the employment force.5

‘The Crisis in African Agriculture: A More Effective Role for EC Aid?’, Practical Action / PELUM (2005).

Agriculture therefore constitutes the bedrock of most African economies as the largest contributor to gross national income, the largest source of foreign exchange, and the main generator of savings and tax revenues.6

Ibid.

Consequently, the maintenance of trade distorting policies in the area of agriculture in developed countries results in significant damage to SSA countries, signifying a failure on the part of the WTO to actualise African trade interests and assure some form of equity between members. Second, due to agriculture's key role in poverty reduction it has come to inhabit an important role in economic development. The persistent decrease in the African share of global agricultural exports bears a heavy toll on the poor in Africa who are highly reliant on agricultural products such as sugar and cotton with diminishing development opportunities. The removal of trade distortions, which have consistently marginalised development, will help reverse this trend and ameliorate the livelihood of its dependents

The central question of whether the WTO succeeds in satisfying SSA trade interests, particularly in the field of agriculture, and the immediately correlated issue of development is therefore decisive in the prospects of the successful maintenance of the organisation in the view of most SSA countries as well as their citizens. In order to respond to this momentous query, we will evaluate the progress of endeavours under the auspices of the WTO to liberalise trade in agriculture, in general, and particularly sugar and cotton. As two of the most distorted and politically contentious agricultural markets, the progress regarding these two products will provide invaluable insights into the extent to which the multilateral trade framework is development friendly and can contribute to the elimination of poverty in African countries. In order to fully comprehend the significance, we will commence by analysing the strategic and developmental importance of both resources, in Section I. This discussion will provide the necessary insights and accentuate the high stakes by determining the contribution of both commodities to gross domestic product, agricultural export revenue, poverty alleviation, employment, food security, innovation, and development. Afterwards, we will explore, Section II, the current barriers to trade (tariff and non-tariff), and contemporary preferential agreements. These trade barriers have severely restricted international trade, protected producers of sugar and cotton in developed countries while simultaneously depreciating global prices and injuring SSA economies. As the most distorted agricultural commodity, sugar will underscore the inequitable trade circumstances that SSA producers face in the global market. In order to address these difficulties, and integrate SSA countries into the world economy preferential agreements were introduced in the 1970s. These include the Yaoundé Conventions, Lomé Conventions, Cotonou Agreement, Everything But Arms initiative, African Growth and Opportunity Act, and the Economic Partnership Agreements. We will demonstrate that these agreements did not provide an effective solution due to the unbalanced negotiations, the ensuing detriment to less developed countries that weren't participants, the lack of progress in the most politically sensitive agricultural markets, and the breach of GATT provisions (GATT Part IV and GATT article XXIV). Most importantly these agreements discouraged innovative and genuine progress through the WTO and therefore promoted the canonisation of an unbalanced political solution. After a critical analysis of the preferential trade agreements we will appraise the benefits of trade liberalisation and demonstrate that it is a legitimate and beneficial endeavor, Section III. This will include an empirical demonstration of the deleterious economic effects of trade barriers, and the universal benefits of trade liberalisation. Once the merits of trade liberalisation have been expounded we will assess the efforts to liberalise trade in agriculture during the various GATT/WTO rounds, Section IV. Our analysis will indicate a growing recognition of the imperative to address agricultural trade specifically and the developmental issues attached to eliminating trade distortion. Although the Uruguay Round and Doha Development Round addressed these issues there are numerous difficulties in implementing many of the assurances made during negotiations due to the legal frailty of the agreements. Our analysis will focus on these difficulties and the lack of legal penalties. This will lead to an exploration of the Dispute Settlement Body (DSB) and African nonparticipation. In light of our focus on sugar and cotton we will evaluate the decisions on EC Sugar and US cotton, elucidating the potential of the DSB and the restrictions, primarily structural, which still exist. Finally, we will explain the need for further reform efforts through a reframing of the WTO disciplines to promote development and the manner in which we can attain this objective. This holistic approach will reveal the pressing difficulties faced by African agricultural producers, and the avenues available to remedy them within the framework of the World Trade Organisation.

STRATEGIC AND DEVELOPMENTAL IMPORTANCE OF COTTON AND SUGAR IN SUB-SAHARAN AFRICA

The Chairman of the African Union's New Partnership for Africa's Development (NEPAD) stated in 2003 ‘that agriculture will provide the engine for growth in Africa’.7

O. Obasanjo, Comprehensive Africa Agriculture Development Programme, New Partnership for Africa's Development (July 2003), Foreword p. iii.

This belief is symptomatic of the overarching and paramount importance of agriculture for the continent. As the main source of rural livelihoods, ‘agriculture dominates many African economies, accounting for about 35 per cent of the region's GDP, 70 per cent of employment, and 40 per cent of exports’.8

‘Can Africa Claim the 21st century?’, World Bank (2000): p. 170.

Moreover, ‘as consumers, all of Africa's poor – both urban and rural – count heavily on the efficiency of the continent's farmers, since farm productivity and production costs prove fundamental determinants of the prices of basic foodstuff which account for 60 to 70% of the total consumption expenditure by low-income groups’.9

S. Haggblade, E. Gabre-Madhin, ‘Successes in African Agriculture: Results of an Expert Survey’, 32(5) World Development (2004): 745–66, at 745.

The large impact of increased income from export cash crop production on rural poverty occurs firstly because the direct increases in income tend to be widely distributed within the rural population, including for large numbers of households who fall below recognised poverty lines. Sugar and cotton in particular are staple products of a multitude of African economies with continental, regional, and national significance

The two commodities have played a historically important role in Africa and are some of the most widely produced agricultural crops in the world. Indicatively, ‘thirty-five of the 53 African countries produce cotton, and 32 of them are exporters’.10

G. Estur, ‘The Competitiveness of African Cotton in the World Market’, International Cotton Advisory Committee (2005), p. 1.

The production and exportation of both products plays a salient role in gross domestic product, agricultural export revenue, poverty alleviation, employment, food
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