"consulted the individuals, groups and families most likely to be affected by the Act".70 Thus, emerges
a fourth requirement in the design of tax policies : it is that they are subject to effective democratic
control.
Strengthening participation, transparency and accountability in budgetary decision-making is a way to
ensure that budgetary priorities shall take into account the interests of the most marginalized groups
within society. The point barely requires elaboration : economic marginalization (the deprivation of
social and economic rights) typically is paired with political disempowerment (in violation of civil and
political rights, in particular the right to take part in the conduct of public affairs), leading to a vicious
cycle in which because the poor are unable to influence political processes, the policies shall serve the
elites rather than respond to their needs.71
Strengthening the participation of the poor in shaping policies can help to break this cycle, leading in
turn to the adoption of policies that will be more attentive to their needs.72 It shall also strengthen the
negotiating position of departments dealing with health, education or social welfare, whose demands
frequently compete with those from departments concerned with law and order -- the Interior, National
Defence or Justice --, particularly in relatively weakly governed countries in which controlling the
population and law enforcement are seen are major challenges on which the very stability of the
government may depend : if civil society are involved in defining the budgetary priorities, it is likely
70 See the Allegation Letter addressed to the United Kingdom by the Special Rapporteur on adequate housing, the Special
Rapporteur on the rights of persons with disabilities, the Special Rapporteur on extreme poverty and human rights, and the
Special Rapporteur on the right to food (ref. AL GBR 1/2016, 8 April 2016). See in particular questions 5 ("What evidence is
available to demonstrate that the Employment Support Allowance for persons in the WRAG [Work Related Activity Group :
people deemed unfit to work as result of health problems or a disability] has created a disincentive for them to take steps
towards work? Further, what evidence is available to demonstrate that they would be incentivised to move towards work by
reducing the Employment Support Allowance, in view of the fact that they have been assessed not fit for work?"), 7 ("What
evidence is available to establish that your Excellency's Government has considered alternative options to the benefit cut, in
the context of the full use of maximum available resources?"), 12 ("Please indicate whether there has been an independent
reveiw and assessment of the Act and if so, provide details. Please also indicate whether the human rights of persons likley to
be subject to the benefit cut have been considered in the review / assessment and what the findings were."), and 13 ("Could
you please indicate what mechanism will be available to monitor negative effects of the Act?"). The response of the United
Kingdom was sent on 14 July 2016 (Verbal Note of the UK Mission to the United Nations in Geneva, No. 231). On these
procedural dimensions, it states simply : "As per the usual Parliamentary process, the Public Bill Committee took 6 oral
evidence sessions with a range of stakeholders representing interest groups, which are recorded in the parliamentary record.
Furthermore, an open call for evidence was held with 86 pieces of evidence submitted and considered over the course of 8
months of Parliamentary scrutiny and 26 Parliamentary sessions". The scantiness of the response on the procedural questions
raised is perhaps a good measure of how subversive these questions are.
71 See Report of the Special Rapporteur on extreme poverty and human rights, Philip Alston, to the 29th session of the Human
Rights Council (A/HRC/29/31) (26 May 2015), para. 21 (citing Combating Poverty and Inequality: Structural Change, Social
Policy and Politics (United Nations publication, Sales No. E.10.III.Y.1), p. 6) ("Economic inequalities seem to encourage
political capture and the unequal realization of civil and political rights. High levels of economic inequalities 'may create
institutions that maintain the political, economic and social privileges of the elite and lock the poor into poverty traps from
which it is difficult to escape'"). For instance, the governing elites may veto tax reforms that would lead to a more progressive
system of taxation, and they may undermine efforts at combating the practices of tax evasion that they, more than the average
citizen, may be able to rely on : see Ana Corbacho, Vicente Frebes Cibils and Eduardo Lora (eds), More than Revenue: Taxation
as a development tool (Inter-American Development Bank and Palgrave Macmillan, 2013), at 3 ("One of the rent-seeking
mechanisms that the most affluent have imposed on the rest of society is the regressive design of the tax structure. Opportunities
to evade taxes that vary greatly across income groups compound this perverse structure, shrinking the effective tax bases and
resulting in low levels of revenue").
72 See, e.g., World Health Organization, World Health Report 2010: Health Systems Financing: the path to universal coverage
(World Health Organization, Geneva, 2011), at 25 ("Dealing with universal health coverage also means dealing with the poor
and the marginalized, people who are often politically disenfranchised and lack representation. This is why making health a
key political issue is so important and why civil society, joined by eminent champions of universal coverage, can help persuade
politicians to move health financing for universal coverage to the top of the political agenda"). For a powerful empirical study
relating the diffusion of power in society (i.e., its degree of democratization) with the adoption of pro-poor policies, see Mwangi
S. Kimenyi, "Economic Rights, Human Development Effort, and Institutions", in Hertel and Minkler (eds), Economic Rights.
Conceptual, Measurement, and Policy Issues (Cambridge: Cambridge Univ. Press, 2007) 182-213, as well as the previous
effort of this scholar finding a statistical correlation between indicators of power diffusion and progress along the Human
Development Index : Mwangi S. Kimenyi, Institutions of Governance, Power Diffusion and Pro-Poor Growth and Policies
(African Economic Research Consortium, 2005).
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CRIDHO Working Paper 2017/1