interdisciplinary approach needed to address complex issues (the organisations that submitted the
information were highly diverse and included human rights and tax-justice organisations, as well as an
academic institution).
In regard to transnational corporations’ abusive tax practices, treaty bodies and special procedures
have noted that states should encourage business actors whose conduct they are in a position to
influence to ensure that they do not undermine efforts of the states in which they operate to fully
realise economic, social and cultural rights, for example, by resorting to tax evasion and tax avoidance
strategies in those countries.318 To combat transnational corporations’ abusive transfer-pricing
practices (see section 4.4 above), the CESCR has recommended that states ‘explore the possibility to
tax multinational groups of companies as single firms, with developed countries imposing a minimum
corporate income tax rate during a period of transition’.319
Moreover, human rights monitoring bodies’ efforts make evident that, when acting as a member of
an international organisation, a state remains responsible for its own conduct in relation to its human
rights obligations, within and outside its territory.320 The CESCR has noted, for example, that ‘State
Parties have an obligation to ensure that their actions as members of international organisations take
due account of the right to health’.321 In regard to resource mobilisation, this implies, for example,
that, when states influence decisions on lending policies and credit agreements as members of an
international financial institution (eg, the IMF, the World Bank and regional development banks),
they should avoid jeopardising the economic, social and cultural rights of the population in the
country concerned, as well as avoid undermining that state’s ability to use maximum available
resources to realise economic, social and cultural rights.322
While it is commendable that, on occasion, human rights monitoring bodies have addressed the
negative impact that tax-related policies adopted by developed countries have in other countries,
there are still various policies adopted or supported by developed states that have an impact in the
mobilisation of resources of other countries that have yet to be consistently addressed, including
conditionalities attached to official development assistance (eg, trade liberalisation).
318 See, eg, CESCR General Comment No 24, para 37.
319 CESCR General Comment No 24, para 37.
320 Final draft of ‘Guiding principles on extreme poverty and human rights submitted by the Special Rapporteur on poverty,
Magdalena Sepulveda Carmona’, UN Doc A/HRC/21/39, para 97.
321 CESCR General Comment No 14, para 39.
322 It is interesting to note that the language the CESCR uses in its General Comments to qualify the nature of these
obligations is not always consistent. Sometimes it is considered mandatory (‘have an obligation’ – CESCR General
Comment No 17, para 56) and in other General Comments it is recommendatory (‘should’ – General Comment No 15,
para 58).
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The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies December 2017
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