Application of WTO agriculture-related obligations in Uganda’s legal framework

Abstract

Uganda’s economy is heavily reliant on agriculture, therefore enhancing Agri-exports and food security forms a critical part of Uganda’s development agenda in the NDPIII and Vision 2040. The World Trade Organisation established in 1995 with Uganda as a member exists for the purpose of facilitating the implementation, administration, and operations of several multilateral trade agreements. These agreements like the GATT 95 and Agreement on Agriculture create several agriculture related obligations. Therefore, for Uganda to achieve its development targets the WTO agriculture related obligations are critical. Against this background, this thesis examines how agriculture related obligations in the different multilateral agreements have been applied in Uganda’s legal and policy framework. The study examines the different agriculture related obligations created under the WTO in 3 categories i.e. The General obligations (MFN and National Treatment obligations), Market access obligations, domestic support obligations and export subsidies obligations. The thesis examines how these obligations have been applied in Uganda’s legal and policy framework. A comparison is made in the application of these obligations among other WTO members i.e. Kenya, South Africa, Ghana and Uruguay. The study finds that market access obligations are mainly applied through regional trade agreements like the EAC. The study also finds challenges as regards application of SPS measures and technical regulations that become barriers to trade. The study finds that domestic support and export subsidies are still critical to fulfill certain human rights like the right to adequate food and the right to development in Uganda. The study also finds that Uganda and other developing countries are not utilizing WTO dispute resolution mechanisms. Recommendations have been made to for reform within Uganda’s legal and policy framework and also the WTO framework and mechanisms.