A/HRC/26/28
State’s population or undermine that State’s ability to use maximum available resources to
realize economic, social and cultural rights.
34. In the past, it has been difficult to reach international agreement on tax cooperation
owing to the powerful entrenched interests at play and the reluctance of States to cede any
sovereignty on tax affairs. In the current status quo, however, certain States – in particular
low-income States and States with high debt levels or loans from international financial
institutions – have very limited sovereignty over their tax affairs. Indeed, their actions in
this sphere are frequently constrained by wealthy countries, international financial
institutions and business interests. Tax sovereignty is also undermined by competition for
foreign investment between developing countries, creating a “race to the bottom” in terms
of both corporate tax rates and incentives.
35. A contemporary interpretation of existing obligations of international cooperation and
assistance should recast or redefine the outdated emphasis on tax sovereignty to a more
modern conception of international tax cooperation in a globalized and interdependent
world economy (see paras. … below).41
III. Tax: a critical tool for realizing human rights and tackling
inequality
36. Taxation is critical to finance development and can be a powerful tool for stimulating
poverty reduction. Higher and more stable revenues result in increased sustainable
investment in public services, infrastructure and other development needs, and improve
competitiveness of economies over the long term. Taxes are not the only source of
government revenue, but they are arguably the most important, because they combine three
critical functions, addressed below: (a) the generation of revenue for the realization of
rights; (b) achieving equality and tackling discrimination; and (c) strengthening governance
and accountability.
37. Certainly, poverty reduction is more effective and sustainable when combined with
investments in areas such as education, health and food security. These areas are also
critical for ensuring the realization of rights in the present and future and for overcoming
the intergenerational transmission of poverty.
38. Taxation policies also have the potential to reduce income and wealth inequalities,
depending on their level and progressiveness.42 This is a crucial goal, because inequalities
have been shown to slow the pace of poverty reduction, create intergenerational poverty
traps through uneven access to health and education, and increase the vulnerability of
societies to economic crises. 43 Some research has shown that improvement in income
41
42
43
10
See for example the advisory opinion of 21 June 1971 on Legal Consequences for States of the
Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council
resolution 276 (1970), ICJ Reports 1971, p. 16, para. 31.
Every year from 1985 to 2005, direct income taxes and transfers reduced the average Gini coefficient
of income inequality in 25 countries of the Organization for Economic Cooperation and Development
by about one third. See Francesca Bastagli, David Coady and Sanjeev Gupta, Income Inequality and
Fiscal Policy, IMF Staff Discussion Note, 28 June 2012, p.11. See also ECLAC, Time for equality:
closing gaps, opening trails, 2010, p. 225.
See Department of Economic and Social Affairs, Inequality Matters: Report on the World Social
Situation 2013, pp. 66-68, and Fiscal Policy and Income Inequality, IMF Policy Paper, 23 January
2014.