A/HRC/28/60
24.
A comprehensive report published in October 2013 by the International Bar
Association underscored the linkages between illicit financial flows, poverty and human
rights. The report found that
tax abuses have considerable negative impacts on the enjoyment of human rights.
Simply put, tax abuses deprive governments of the resources required to provide the
programmes that give effect to economic, social and cultural rights, and to create
and strengthen the institutions that uphold civil and political rights. Actions of States
that encourage or facilitate tax abuses, or that deliberately frustrate the efforts of
other States to counter tax abuses, could constitute a violation of their international
human rights obligations, particularly with respect to economic, social and cultural
rights.20
25.
This link has also been stressed by the Special Rapporteur on extreme poverty and
human rights, who recently stated that tax abuse is
not a victimless practice; it limits resources that could be spent on reducing
poverty and realizing human rights, and perpetuates vast income inequality. While
the rich benefit from this practice, the poor feel the negative impact on their standard
of living, their unequal political power and the inferior quality of health and
education services for themselves and their children. (A/HRC/26/28, para. 59)
26.
The Special Rapporteur emphasized that high levels of tax abuse undermine the
principles of equality and non-discrimination, given that evaders end up paying less than
taxpayers with the same— or less— capacity to pay. High net-worth individuals and large
corporations also have a far greater ability to evade or avoid taxes as they are able to pay
tax advisers or able to open undeclared foreign bank accounts in low-tax jurisdictions.
Governments then have to raise revenue from other sources: often regressive taxes, the
burden of which falls hardest on the poor. Therefore, if States do not tackle tax abuse, they
are likely to be disproportionately benefiting wealthy individuals to the detriment of the
most disadvantaged (ibid., para. 60).
27.
The negative impact on social and economic rights can be illustrated by analysing
how illicit financial flows have contributed to undermining efforts of governments in subSaharan States to realize progressively the right to health, as enshrined in article 12 of the
International Covenant on Economic, Social and Cultural Rights. A recent study published
in the Journal of the Royal Society of Medicine has estimated the impact of illicit financial
outflows on the ability of sub-Saharan States to realize Millennium Development Goal 4,
relating to the right to health. The three indicators for Goal 4 are: (1) Under-five mortality
rate, (2) Infant mortality rate and (3) Proportion of 1 year-old children immunized against
measles. The study analysed data for 34 countries in Sub-Saharan Africa. The results speak
for themselves: at the current rate of progress it is estimated that only six of the 34 countries
in Sub-Saharan Africa would reach their Millennium Development Goal targets by the end
of 2015. If illicit financial outflows were completely curtailed, that number could be
increased to 16 countries. Even those countries that would not achieve their targets by 2015
would be able to reach them in a substantially shorter period in the absence of illicit
financial flows.21
20
21
10
International Bar Association, ”Tax abuses, poverty and human rights: a report of the International
Bar Association’s Human Rights Institute Task Force on Illicit Financial Flows, Poverty and Human
Rights” (London, 2013), p. 2.
Bernadette O’Hare et al., “The effect of illicit financial flows on time to reach the fourth Millennium
Development Goal in Sub-Saharan Africa: a quantitative analysis” in Journal of the Royal Society of
Medicine, vol. 107, No. 4, 2014; available from http://jrs.sagepub.com/content/107/4/148.short.