2005 and 2015.132 Although some countries moved in the opposite direction (Argentina and Chile are
examples in Latin America ; Malaysia and Niger provide illustrations in Asia and in Africa), the trend
downwards is massive: for many countries, the reduction of corporate taxes is measured in double
digits. On average, the total tax rates in the Euro Area countries went from 51.0 % to 43.6 %, a trend
corresponding roughly to the tendency in the European Union as a whole. But the phenomenon is
especially spectacular in the countries classified by the UN as least-developed, where the rate went
down on average from 75.4 % to 44.7 %; if we consider heavily indebted poor countries alone, the
decrease is from 81.2 % to 52.7 %.
c) Effectively combating tax evasion and illicit financial flows
The fight against tax evasion is the third channel through which tax policies can be made to contribute
better to the realization of economic, social and cultural rights. Tax evasion represents a huge loss to
countries, and it is of particular consequence (as a percentage of their public budgets) in low- and
middle-income countries. In 2008, Global Financial Integrity estimated that, during the 2002-2006
period, illicit financial flows represented an average of between 859 billion and 1.06 trillion USD on a
yearly basis.133 For Africa alone, a conservative estimate is that illicit financial flows have amounted
to a total of 854 billion USD for the period 1970-2008.134 These outflows have been steadily growing
throughout the period at an average rate of 12.1 percent per year (with peaks reached in oil-producing
countries such as Nigeria and Soudan linked to increases in the price of oil). The impacts are
considerable: by the end of 2008, the same study notes, the cumulative impact of these outflows meant
that each African lost 989 USD to illicit financial outflows.135 In fact, the total illicit financial
outflows from Africa for 1970-2008 represents a sum far in excess of the external debt of all African
countries (which was 279 billion USD in 2008): in other terms, taking into account these flows, Africa
is a net creditor to the world, and by tackling such illicit financial flows, about 600 billion USD could
have been mobilized for the fight against poverty on the continent.136 60 to 65 percent of the total
illicit financial flows come from commercial tax evasion, which results from overpricing imports and
underpricing exports on customs documents, and thereby illegally transferring money abroad.
Alhough the situation in Africa is particularly troubling, the continent is not alone in this regard. For
instance, according to the Inter-American Development Bank, evasion rates of personal and corporate
income taxes average 50 per cent in 10 representative Latin American countries, with Guatemala
topping the league with an evasion rate of 70 per cent.137
This is now described to be a priority in various international outcome documents. In the Addis Ababa
Action Agenda, adopted at the Third International Conference on Financing for Development in July
2015, the Heads of State and Government and High Representatives recognizing that "significant
additional domestic public resources, supplemented by international assistance as appropriate, will be
critical to realizing sustainable development and achieving the sustainable development goals",
132
This is a non-weighted average: small economies count as much as large ones in the calculation of the average. The total
tax rate, for the purpose of this calculation, is the "amount of taxes and mandatory contributions payable by businesses after
accounting for allowable deductions and exemptions as a share of commercial profits". For more details, see
http://data.worldbank.org/indicator/IC.TAX.TOTL.CP.ZS?end=2015&start=2005&view=chart (last consulted on September
9th, 2016). Some countries have lowered corporate taxes faster than others: during this ten-year period, Albania lowered
corporate taxes from 58.2 % to 36.5 %, Belarus from 137.3 % to 51.8 %, and Uzbekistan from 96.7 % to 41.1 %; Canada
went from 47.5 % to 21.1 %, and Paraguay from 54.5 % to 35.0 %. Turkey moved from 52.8 % to 40.9 %.
133
Dev Kar and Devon Cartwright-Smith, Illicit Financial Flows from Developing Countries: 2002-2006 (Global Financial
Integrity, Washington DC, Dec. 2008).
134
Dev Kar and Devon Cartwright-Smith, Illicit Financial Flows from Africa: Hidden Resource for Development (Global
Financial Integrity, Washington DC, 2010).
135
Id., at 12.
136
This was also the conclusion reached by Ndikumana, Léonce and James K. Boyce, New Estimates of Capital Flight from
Sub-Saharan African Countries: Linkages with External Borrowing and Policy Options (University of Massachusetts,
Amherst, April 2008).
137
Corbacho, et al. (eds), More than Revenue: Taxation as a development tool, cited above note 115, at 121 (fig. 7.4.). These
estimates are based on data from the period 2003-2010, with different years for the different countries (for Guatemala for
instance, the reference year in 2006). They should therefore be treated with caution as a source of cross-country comparisons.
They do provide, however, an idea of the magnitude of the problem.
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