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  Mode 4 in WTO

  The release of Nepal Living Standard Survey (NLSS), 2004/05 had ignited a public debate in the country. The survey had reported that over a period of ten years, there was a decline in poverty level from 42 percent in 1994/95 to 31 percent in 2004/05. Interestingly, these ten years were the periods of displacements of people, homelessness, quitting from economic activities, closure of factories, and many more because of conflict. Then how was poverty reduced? The report asserts that it was because of the huge remittances from the Nepali workers working abroad. The share of remittance in GDP in Nepal is about 12 percent. These remittances mainly come from the Middle East countries where a large number of Nepali workers are living temporarily as low and semi-skilled workers.
Remittances have been playing an important role in the economy of not only Nepal, but other South Asian countries as well. It was estimated that the total remittances to the South Asia region in 2005 would be US $32 billion, a 67 percent increase from what was received in 2001. India received US $21.7 billion as remittance in 2004. Similarly, Pakistan received US $3.9 billion and Bangladesh US $3.4 billion. In Sri Lanka, remittance receipts are larger than tea exports. Thus it can be seen that remittances are an important means to lift a large number of poor out of extreme poverty.
Prior to the establishment of the World Trade Organization (WTO), there was the multilateral agreement named General Agreement on Tariffs and Trade (GATT) that covered only trade in goods. When the GATT was concluded after the completion of the Uruguay Round in 1995 to give birth to the WTO, trade in services and intellectual property were also included as parts of the agreement.
Trade in services in the WTO is governed by the General Agreement on Trade in Services (GATS), which has categorized services trade into four modes of supply. Of these four modes, Nepal's major interest is in mode 4, which deals with the movement of natural persons, and even in such movement of natural persons, Nepal's interest is particularly in the movement of unskilled and semi-skilled work force.
One of the objectives of the WTO is enhancing welfare of the people. In the case of developing countries, and more importantly the least developed countries (LDCs), this particular objective can be achieved by creating more jobs. Hence, liberalization of services under mode 4 can be a useful instrument in realizing this objective. Unfortunately, in WTO negotiations, this aspect of service trade is often not given importance. The developed countries have their interest in the export of capital intensive services to the developing countries and the LDCs. Therefore, negotiations under GATS in the WTO are always dominated by the other three modes.
However, even in the absence of negotiation under mode 4 in the WTO, long queues of Nepali youth at the airport, bound for various destinations in search of jobs, are regular sights and the number has been increasing with time. But almost everyday, there are stories in the newspapers about the plight of these workers mainly in the Middle East countries, which are the major destinations for most of them. Negotiations on mode 4 of GATS would ensure rules based system of movement of people. That would help in generating more employment, equitable treatment and thus enhancing welfare.
Nepal has bilateral agreements on labor issues with most of the countries where the Nepali workers are migrating temporarily. Putting in place a multilateral system of such agreement, the problems associated with bilateral agreements would not remain. At the same time the workers can have their choice of destination and like the most favored nation (MFN) treatment under other agreements of the WTO, such clause under this mode would ensure non discrimination of foreign workers from the local ones.
At the end of the Sixth WTO Ministerial Conference in Hong Kong, the developed countries agreed to provide duty and quota free market access to 97 percent of the products originating in the LDCs. This can be taken as a major achievement for Nepal, although we need to be more cautious in further negotiations that the remaining three percent does not include products of our export interest, like textiles and clothing.
However, to make the Doha Round truly a development round, it was necessary that the developed countries agreed to provide better market access to unskilled and semi skilled labor force under mode 4. The developed countries should realize that the developing countries and the LDCs have their interest in the export of abundant unskilled and semi skilled work force in the same way as the developed countries have their interest in the export of their abundant capital and technology. When it has been universally agreed that trade should benefit all people, whether of the developed countries or the developing and the least developed countries, the interests of the latter should not be ignored.
 
 




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