Chapter 3 | Page 131
3.5 KEY ELEMENTS OF RESOURCE GOVERNANCE
The concept of ‘maximum available resources’ for ESC rights must be seen
from both qualitative and quantitative perspectives. A number of factors
contribute to the quality of resources. These include increased emphasis on
the right to participation, accountability, transparency and access to
information in relation to the fiscal policy of the State. The design,
implementation and evaluation of fiscal policies should involve a participatory
process and should be subjected to public scrutiny.151 To this end, States are
expected to put extra effort into the development of a better system for the
transfer and redistribution of wealth through a progressive taxation system.
3.5.1 Qualitative aspects of resource governance and management
A key aspect of resource mobilisation and allocation is the quality of
governance that impacts the effectiveness and efficiency of these processes.
Thus, resource mobilisation and allocation policies must pay special attention
to curbing corruption in order to enhance the quality of the use of these
resources.152
Resource misallocation, wastage and ineffective utilisation have been
identified by the Committee in a number of Concluding Observations.153 States
have been urged to be mindful of the obligation and to regularly assess
whether ‘maximum available resources’ have been used to achieve the goals
of progressive realisation, with particular reference to the Committee’s
September 2007 Statement on the obligation to use ‘maximum available
resources’.154 The Committee also expressed regret about insufficient
information on the use of maximum available resources and recommended
151
Report of the Special Rapporteur on extreme poverty and human rights, Magdalena
Sepúlveda Carmona, A/HRC/26/28, above n 103, [20-23].
152
María Magdalena Sepúlveda, The Nature Of The Obligations Under The International
Convenant On Economic, Social And Cultural Rights (Intersentia, Utrecht, 2003).
153
CESCR, Concluding observations: Panama, E/C.12/1/Add.64 (24 September 2001), [18].
154
CESCR, Concluding observations: Armenia, E/C.12/ARM/CO/2-3 (23 May 2014).
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