A/HRC/26/28
effectively being funded by the very persons whom they seek to benefit.59 Thus, although
each country’s situation is different, the higher the prevalence of regressive taxes in the mix
of revenue-raising sources, the more likely it is that a State will run afoul of the principles
of equality and non-discrimination and that the minimum essential enjoyment of rights by
the poorest will be threatened.
48. A well-placed tax threshold (namely, the income below which an individual or
household is exempted from income tax) is also crucial for ensuring that the taxation
system does not jeopardize the ability of people living in poverty to enjoy minimum
essential levels of economic, social and cultural rights. Unfortunately, in some countries,
households are required to pay tax before they earn enough to even meet minimum food
basket requirements.60
49. Tax structures also affect other types of inequality; for instance, tax structures
frequently discriminate against women directly or indirectly, for example by assuming
women’s income to be supplemental to their household. 61 This actively disincentivizes
wage-earning and therefore could reduce participation in the labour market by women,
potentially threatening their right to work. Policymakers should be aware of the extent to
which tax policies, such as the treatment of income derived from jointly-owned assets of
married couples, strengthen or break down gender inequalities, or discriminate against
different types of households.62
50. Each national and economic context is different; the optimum form and scale of
redistribution is therefore different for each country. States do have, however, an obligation
to address proactively inequality in the enjoyment of rights. Redistribution through tax
systems is clearly a powerful tool for them to do so.
C.
Strengthening governance and accountability
51. Historically, the formation of accountable and effective States has been closely tied to
the emergence of taxation systems. 63 Fiscal policies can spur State-building and foster
citizenship, 64 affect the level and quality of people’s participation in public affairs and
strengthen the accountability and capacity of the State.65 Conversely, tax abuse and unfair
tax practices erode confidence in government, while States that do not have to rely on tax
contributions (but rather on, for example, revenues from natural resources) tend to exhibit
lower levels of accountability and participation in public affairs.66
52. In the same vein, the more a State can rely on domestic rather than external resource
mobilization for its financing, the more it will be able to deploy sustainable development
strategies and policies that are responsive to the needs of its people and accountable to
them. Therefore, a sustainable base of domestic revenue becomes an enabling factor to
59
60
61
62
63
64
65
66
A/HRC/13/33/Add.6, para. 36.
Tax Justice Network Africa and Christian Aid, “Africa Rising?” (see footnote 49), p. 7.
See Diane Elson, Budgeting for Women’s Rights: Monitoring Government Budgets for Compliance
with CEDAW, UNIFEM, May 2006, pp. 69-103; Caren Grown and Imraan Valodia, Taxation and
Gender Equity, 2010.
UNDP, Gender Equality and Poverty Reduction: Taxation (see footnote 57).
Mick Moore, “How Does Taxation Affect the Quality of Governance?”, IDS Working Paper, 2007.
European Commission, Tax and Development, COM(2010)163 final, 2010, p. 3.
See OECD, Governance, Taxation and Accountability: Issues and Practices, 2008, p.13.
African Development Bank, OECD et al, African Economic Outlook 2012, p. 56; Ernesto Crivelli and
Sanjeev Gupta, “Resource Blessing, Revenue Curse? Domestic Revenue Effort in Resource Rich
Countries”, IMF Working Paper, 2014.
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