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Info Service on WTO and Trade Issues (Apr22/03) Geneva, 1 Apr (D. Ravi Kanth) – The World Trade Organization has unveiled a “social media policy for the WTO Secretariat”, in the face of mounting criticism from members over what is amounting to “creeping lawlessness” at the WTO, especially at the level of its senior officials, said people familiar with the development. The six-page “administrative memorandum No. 992” was issued early last month, and is aimed at curbing senior officials or other members of the staff from engaging in posting their views on social media. The memorandum came after members severely criticized the manner in which WTO deputy director-general, Ms Anabel Gonzalez from Costa Rica, formerly with the Washington-based liberal think tank, the Peterson Institute for International Economics, outlined her “five best wishes for WTO members in 2022”, in a blog post that was put out on the WTO website in early January. As reported in SUNS #9491 dated 13 January 2022, Ms Gonzalez’s blog post amounted “to a descent into the abyss of lawlessness and an attempt at crossing the Rubicon”. MS GONZALEZ’S “FIVE WISHES” FOR 2022 Even though Ms Gonzalez is overseeing the expert-level talks between the United States, the European Union, India, and South Africa on the WTO’s response to the COVID-19 pandemic, including the TRIPS waiver, she chose to align her first wish with the WTO director-general, the EU, and the Ottawa Group’s call for a “Trade and Health” package. As her second wish, Ms Gonzalez promoted the EU and the US trade agenda on environment involving strengthening the role of trade rules in effectively combating climate change and supporting environmental objectives, including by exploring work in areas such as trade in environmental goods and services. She wants plurilateral negotiations to be launched on “sustainable plastics trade, and fossil fuel subsidies, among others”. In her third wish, she said that “more than two thirds of the WTO membership participating in the negotiations on investment facilitation for development have set the target of concluding a deal in 2022 with the goal of helping countries improve their business climate and make it easier for investors to invest, manage their business and expand operations.” As regards her fourth wish , Ms Gonzalez said that “concerns about growing levels of government support distorting international markets, coupled with limited transparency and perceptions of unfairness, erodes public backing for open trade and stifles innovation, competition and productivity.” She said that “it is increasingly acknowledged that revising and updating WTO rules dealing with subsidies and state intervention in the economy would help reduce some of the trade frictions that are fueling uncertainty and geopolitical tensions.” Her fifth and last wish is about engaging in the business of rule-making concerning the restoration of the dispute settlement system to ensure a fully functional and “binding mechanism for sorting out conflicts among WTO members.” It appears that the “five wishes” expressed by Ms Gonzalez are clearly aligned with the North’s trade agenda at the WTO. CALLS FOR SECRETARIAT’S IMPARTIAL FUNCTIONING Subsequently, at a meeting of the General Council (GC) in early February, India along with the African Group and Cuba raised the issue of the need for the Secretariat to function according to the rules set out in the Marrakesh Agreement. India had said “the WTO is a Member-driven organization,” arguing that “Chairpersons have an obligation to maintain impartiality in accordance with the rules of procedure governing the respective WTO bodies they preside over.” According to India, impartial functioning “is also applicable to the WTO Secretariat who are required in terms of Article VI of the Marrakesh Agreement and read together with the Staff Regulations and Rules under the Standards of Conduct (WT/L/282) to maintain their international character and remain neutral. Their roles cannot be increased from their current mandates and functions.” The proposal by the African Group, Cuba, and India said that “the role and presence of other stakeholders, intergovernmental or International Organizations in the WTO must be limited to preserve the Member-driven nature of work and with due respect to their competences, mandates and limitations.” The three proponents stressed that the “discussions on the role of the Regular Bodies must be seen through the lens of development”, especially in the current COVID-19 pandemic and economic crisis. ADMINISTRATIVE MEMORANDUM NO. 992 It is against this backdrop that the WTO’s “Social Media for the WTO Secretariat” memorandum attempts to curb all social media activity by all the WTO staff, at all levels. It says that “staff members are reminded that they are bound by comprehensive codes of conduct that extend to all areas, including social media activities.” The memorandum says that “the purpose of the Social Media Policy is to promote a clearer understanding of the intersection between staff members’ online presence and their employment obligations.” It reminds that “staff members are required to avoid placing themselves in a position where their private interests would actually or potentially conflict with the interests of the WTO” and “in addition, all staff members have committed themselves, through the oath of office that they signed upon joining the WTO Secretariat, to carrying out their responsibilities and regulating their conduct “with the interests of the WTO only in view”.” The memorandum maintains that “the Social Media Policy is reflective of the balance struck in the Staff Regulations and Rules between staff members’ rights, including the right to freedom of expression, and their duties and obligations.” More importantly, it says that “in their social media activities, staff members do not enjoy the freedom of a private person to take sides or to express their opinions on controversial matters where this may reflect adversely on the WTO or on their status as international civil servants.” Further, it says that the Social Media Policy of the WTO Secretariat “covers all social media activities by staff members, including personal participation (e.g. posts, re-posts, comments, “likes”, or “tags”) on all social media platforms including Facebook, Twitter, Instagram, LinkedIn, QZone, VK, YouTube, Reddit, Snapchat, Google+, Pinterest, Tumblr, TikTok, blogs, and wikis.” Also, it “applies regardless of whether staff members have disclosed their affiliation with the WTO, indicated that certain views are not their own, or limited the public exposure of their content through specific privacy settings.” IMPARTIALITY IN SECRETARIAT’S FUNCTIONING As raised by India about the need for “impartiality” in the functioning of the Secretariat in accordance with Article VI.4 of the Marrakesh Agreement, the memorandum requires staff members “to scrupulously observe impartiality in the exercise of their duties”. In an attempt to adhere to the rules of the Marrakesh Agreement, it says that “[s]taff members must avoid any action which would, by impairing good relations with a government, criticizing its actions or undermining or discrediting its authority, reflect adversely on the WTO or the status of a WTO staff member as an international civil servant”. The memorandum says that “staff members shall not: a. make any statement that may harm any demonstrable interest of the WTO or hinder the WTO from carrying out its functions effectively; or b. express or imply opinions that can reasonably be seen as favouring or undermining the position of (a) particular WTO Member(s) on any WTO-related issue.” According to the memorandum, “staff members should refrain from political activities on social media that could reflect adversely on their independence and impartiality.” It emphasized on maintaining “confidentiality” whereby “[s]taff members shall exercise the utmost discretion in regard to all matters of official business. They shall not communicate to any person any information known to them by reason of their official position which has not been made public, except where so authorized by the Director- General …” Without naming the posts put out by Ms Gonzalez, the memorandum says that “these obligations extend to social media, where staff members shall not publish, post, or otherwise release any WTO-related information that is not public.” HIGH BAR FOR DISPUTE SETTLEMENT BODY The memorandum states that “Staff members working on WTO dispute settlement, irrespective of their contractual status, role or Division, are also subject to the Rules of Conduct for the DSU that are designed to maintain the integrity, impartiality and confidentiality of proceedings conducted under the DSU thereby enhancing confidence in the [WTO] dispute settlement mechanism (Rules of Conduct of the DSU, preamble).” It says that “all staff members working on WTO dispute settlement shall be independent and impartial, shall avoid direct or indirect conflicts of interest and shall respect the confidentiality of proceedings of bodies pursuant to the dispute settlement mechanism, so that through the observance of such standards of conduct the integrity and impartiality of that mechanism are preserved. This governing principle extends to all social media activities by staff members.” PRACTICAL GUIDANCE As part of “practical guidance on the application of the Social Media Policy,” the memorandum warns that “a staff member’s activity on personal social media, even when unrelated to WTO work, may reflect on the Organization and may expose the WTO to reputational risk.” It set out some non-exhaustive practical guidance to assist staff members in following the Social Media Policy: “1. Staff members are expected to reflect and use common sense when engaging in any type of social media activity. Part of the thought process should include considering whether the substance of a post is in line with the impartiality required of and conduct befitting an international civil servant. 2. Staff members’ social media activity is expected to be conducted within the framework described below. After ensuring that their action complies with the requirements of the Social Media Policy as well as the Staff Regulations and Rules, staff members may engage in social media activity with respect to the following types of content, subject to paragraphs (b) and (c) below: i. Non trade-related information, including personal and family information, cultural activities, sports, social, or academic events, that is not reasonably considered to relate to the work of the WTO, except as indicated in paragraph (c) below;” According to the memorandum, “staff members may engage in social media activity, other than as provided in (a) above, with respect to the following types of content only after receiving prior written authorization in accordance with paragraph 2 of the Social Media Policy: i. Blogs, posts, or comments discussing trade-related issues, especially if the issues can reasonably be seen as being related to the work of the WTO; ii. Subject to the specific rules set forth in Section 5.4 above, any matter relating to dispute settlement work at the WTO; iii. Photographs, videos, or audios taken at official meetings or events that are not open to the public; and iv. Any other issue not specifically covered by paragraphs (a) and (c).” Further, “staff members shall not engage in any type of social media activity on the following types of content: i. Political activities that could reflect adversely on their independence and impartiality, including public support for a political party; and initiation or signature of petitions involving issues directly or indirectly related to the activities of the WTO; ii. Any issue relating to any WTO Member that may harm the reputation of the WTO or hinder the WTO from carrying out its functions effectively or seen as favouring or undermining the position of (a) particular WTO Member(s) on any WTO-related issue; iii. Statements, photographs, videos, or audios that could reasonably be viewed as malicious, obscene, threatening, intimidating, or inappropriate; iv. Confidential information; v. Information subject to any intellectual property right, without the authorization of the right holder or in a manner inconsistent with applicable laws, rules, or regulations; vi. Public airing of personal grievances relating to the WTO (for example, against another staff member) or destructive criticism of the WTO; vii. Information or content that the staff member knows to be false or misleading; and viii. Any other matter that is inconsistent with the Social Media Policy.” The “Social Media Policy” for the staff members came into effect from 8 March 2022. In short, it remains to be seen whether the new social media policy would curb the views of WTO Director-General Ms Ngozi Okonjo-Iweala, who has strongly promoted the informal plurilateral Joint Statement Initiatives (JSIs) on digital trade rules, investment facilitation, disciplines for MSMEs (micro, small and medium enterprises), domestic regulation in services, and trade and gender, which are allegedly contrary to the rules set out in the Marrakesh Agreement.
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