• Human rights monitoring bodies should overcome their legalistic tendencies and collaborate
more closely with other specialists, such as economists, tax specialists, political scientists,
journalists and sociologists.
Under each chapter, this report has included a set of recommendations dealing specifically with some
analytical challenges related to resource mobilisation for which special procedures need to develop
more sophisticated analytical tools.
Special procedures and treaty bodies should:
• Provide additional clarity about obligations that are the foundations of the duty to mobilise
resources. To this end, they can be guided by the work of scholars, advocates and practitioners
that have discussed these obligations and concepts extensively, in most cases, providing a much
clearer and more comprehensive understanding of the legal obligations they entail.
• Deepen the analysis of the principles that should guide resource mobilisation efforts.
• Be prepared to address new and emerging challenges related to resource mobilisation.
• Regularly request information from states on how they have adopted specific policy decisions:
whether or not they have weighed costs and benefits of all policy choices and if policy trade-offs
were explicitly addressed.
• Provide more concrete, practical and detailed guidance to states about all aspects of the obligation
to mobilise resources, including drawing attention to the prerequisite of the rule of law.
• Consolidate, strengthen and further develop legal standards and methodologies to assess whether
or not states have utilised all alternatives at their disposal for resource mobilisation.
• Consistently apply legal standards related to the mobilisation of resources already developed in
General Comments (ie, treaty bodies) and thematic reports (ie, special procedures), in the examination
of country-specific situations (in treaty bodies’ Concluding Observations and special procedures’
country missions).
• Consistently address issues of resource diversion and foregone tax revenue when assessing
compliance by states of their obligation to mobilise resources.
• Define the role and responsibilities of multinational corporations and other business enterprises
in resource mobilisation for the realisation of human rights.
• Develop a legal framework with which to assess tax lawyers, accounting and consulting firms’
responsibility for creating the mechanisms that companies and wealthy individuals use to avoid
paying taxes.
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The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies December 2017