Inter-American Development Bank, evasion rates of personal and corporate income taxes average 50
per cent in 10 representative Latin American countries, with Guatemala topping the league with an
evasion rate of 70 per cent.36
This is now described to be a priority in various international outcome documents. In the Addis Ababa
Action Agenda, adopted at the Third International Conference on Financing for Development in July
2015, the Heads of State and Government and High Representatives "recognize[d] that significant
additional domestic public resources, supplemented by international assistance as appropriate, will be
critical to realizing sustainable development and achieving the sustainable development goals", and they
committed to "enhancing revenue administration through modernized, progressive tax systems,
improved tax policy and more efficient tax collection".37 They pledged to "work to improve the fairness,
transparency, efficiency and effectiveness of our tax systems, including by broadening the tax base and
continuing efforts to integrate the informal sector into the formal economy in line with country
circumstances".38 Though not explicitly defined as a human rights requirement, these commitments
should be seen as a component of the duty of progressive realization.
a) Strenthening the ability to collect taxes
To effectively combat tax evasion, a strengthening of tax administration (by dedicating sufficient
personnel and resources to combating tax evasion) would be required.39 The High-Level Panel on Illicit
Financial Flows from Africa established under the auspices of the African Union and the United Nations
Economic Commission for Africa recommended in this regard, in particular, "developing the required
capacities, establishing or strengthening necessary institutions including transfer pricing units, and
providing resources for the effective functioning of these institutions", and "holding multinationals
accountable for fraudulent practices by setting up requirements for their transfer of funds and business
practices".40 This should also be treated as a priority since the failure to effectively address tax evasion
has regressive impacts, disproportionately affecting the poor:
High net-worth individuals and large corporations [...] have a far greater ability to evade taxes as
they are able to pay tax advisers, lawyers and accountants (who may sometimes provide
inappropriate advice and assistance) and to open undeclared foreign bank accounts in low-tax
jurisdictions. Tax abuse by corporations and high net-worth individuals forces Governments to
raise revenue from other sources: often regressive taxes, the burden of which falls hardest on the
poor. Therefore, if States do not tackle tax abuse, they are likely to be disproportionately
benefiting wealthy individuals to the detriment of the most disadvantaged. Monitoring, preventing
and punishing abuse is therefore essential in order to comply with human rights principles and
improve the distributive effects of tax systems.41
Combating illicit financial flows are therefore a human rights issue. Indeed, recognizing that “illicit
capital flight undermines the capacity of State Parties to implement the African Charter on Human and
Peoples’ Rights and to attain the Millennium Development Goals”, the African Commission on Human
36 Ana Corbacho, et al. (eds), More than Revenue: Taxation as a development tool, cited above, at 121 (fig. 7.4.). These
estimates are based on data from the period 2003-2010, with different years for the different countries (for Guatemala for
instance, the reference year in 2006). They should therefore be treated with caution as a source of cross-country comparisons.
They do provide, however, an idea of the magnitude of the problem.
37 Outcome document adopted at the Third Internatinal Conference on Financing for Development (Addis Ababa, Ethiopia,
13–16 July 2015) and endorsed by the General Assembly in its resolution 69/313 of 27 July 2015, para. 22.
38 Id.
39 Report of the Special Rapporteur on extreme poverty and human rights, Magdalena Sepulveda Carmona, presented at the
26th session of the Human Rights Council (A/HRC/26/28) (22 May 2014), para. 57.
40 High-Level Panel on Illicit Financial Flows from Africa, Illicit Financial Flows (2014), at 66.
41 Report of the Special Rapporteur on extreme poverty and human rights, Magdalena Sepulveda Carmona, presented at the
26th session of the Human Rights Council (A/HRC/26/28) (22 May 2014), para. 60.
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CRIDHO Working Paper 2017/1