committed to "enhancing revenue administration through modernized, progressive tax systems,
improved tax policy and more efficient tax collection".138 They pledged to "work to improve the
fairness, transparency, efficiency and effectiveness of [their] tax systems, including by broadening the
tax base and continuing efforts to integrate the informal sector into the formal economy in line with
country circumstances". 139 Though not explicitly defined as a human rights requirement, these
commitments should be seen as a component of the duty of progressive realization.
To effectively combat tax evasion, a strengthening of tax administration (by dedicating sufficient
personnel and resources to combating tax evasion) would be required.140 The High-Level Panel on
Illicit Financial Flows from Africa established under the auspices of the African Union and the United
Nations Economic Commission for Africa recommended in this regard, in particular, "developing the
required capacities, establishing or strengthening necessary institutions including transfer pricing
units, and providing resources for the effective functioning of these institutions", and "holding
multinationals accountable for fraudulent practices by setting up requirements for their transfer of
funds and business practices".141 This should also be treated as a priority since the failure to effectively
address tax evasion has regressive impacts, disproportionately affecting the poor:
High net-worth individuals and large corporations [...] have a far greater ability to evade taxes
as they are able to pay tax advisers, lawyers and accountants (who may sometimes provide
inappropriate advice and assistance) and to open undeclared foreign bank accounts in low-tax
jurisdictions. Tax abuse by corporations and high net-worth individuals forces Governments 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. Monitoring,
preventing and punishing abuse is therefore essential in order to comply with human rights
principles and improve the distributive effects of tax systems.142
Combating illicit financial flows is therefore a human rights issue. Indeed, recognizing that “illicit
capital flight undermines the capacity of State Parties to implement the African Charter on Human and
Peoples’ Rights and to attain the Millennium Development Goals”, the African Commission on
Human and Peoples’ Rights has called upon States parties to the African Charter on Human and
Peoples’ Rights “to examine their national tax laws and policies towards preventing illicit capital
flight in Africa”.143
Strengthening domestic institutions tasked with combating tax evasion will not suffice, however. This
is one area in which such efforts shall only be fully effective if supported by international assistance,
as gradually strengthened by the recognition of extraterritorial human rights obligations. As noted by
the Special Rapporteur on Extreme Poverty and Human Rights : "Individual countries, in particular
low-income countries, are severely constrained in the measures that they alone can take against tax
abuse. Illicit financial flows are international in nature and therefore beyond the capacity of one State
alone to tackle. The availability of offshore financial centres (tax havens) that offer low or no taxes
and secrecy is a major factor."144 This is made increasingly explicit by United Nations human rights
treaty bodies. Thus, the Committee on Economic, Social and Cultural Rights noted in Concluding
Observations related to the United Kingdom that "financial secrecy legislation [allowing its Overseas
Territories and Crown Dependencies to prosper as tax havens] and permissive rules on corporate tax
are affecting the ability of the State party, as well other States, to meet their obligation to mobilize the
138
Outcome document adopted at the Third Internatinal Conference on Financing for Development (Addis Ababa, Ethiopia,
13–16 July 2015) and endorsed by the General Assembly in its resolution 69/313 of 27 July 2015, para. 22.
139
Id.
140
Report of the Special Rapporteur on extreme poverty and human rights, Magdalena Sepulveda Carmona, presented at the
26th session of the Human Rights Council (A/HRC/26/28) (22 May 2014), para. 57.
141
High-Level Panel on Illicit Financial Flows from Africa, Illicit Financial Flows (2014), at 66.
142
Id., para. 60.
143
Resolution adopted by the Commission at its 53rd ordinary session, 23 April 2013.
144
Report of the Special Rapporteur on extreme poverty and human rights, Magdalena Sepulveda Carmona, presented at the
26th session of the Human Rights Council (A/HRC/26/28) (22 May 2014), para. 61.
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