Transparency
Special procedures and treaty bodies have recommended that states undertake resource mobilisations
transparently,132 including with regard to the acceptance, management and spending of official
development funds that a state receives.133 Often enough, however, they simply make reference to the
principle of transparency, without further elaborating on its implementation. On scant occasions,
a handful of human rights monitoring bodies have specified that lack of transparency in resource
mobilisation can ‘lead to inefficiencies, mismanagement of public finances and corruption’ and
consequently to ‘insufficient resources for human rights’.134
Transparency is often linked to information access. It is also considered a prerequisite for
participation and accountability. The Working Group on Business and Human Rights pointed out
that transparency is a means of preventing and countering the corruption that can lead to a diversion
of funds.135
Participation
Human rights monitoring bodies have lent more attention to the principle of participation. They
have stressed, for example, that a human rights approach requires states to debate fiscal options
openly, avoid making technocratic decisions behind closed doors and instead foster greater
transparency and participation.136
Special emphasis has been placed on domestic taxation and natural resources management, with
resource mobilisation related thereto. As one special rapporteur noted:
‘[D]ecision-making processes regarding tax and public revenues must therefore be based on
full transparency and the broadest possible national dialogue, with effective and meaningful
participation of civil society and those who will be directly affected by such policies, including
people living in poverty. Fiscal policies should be subjected to the scrutiny of the population
during design, implementation and evaluation stages, with the various interests transparently
identified. This will require capacity-building and fostering fiscal literacy in the population. The
population should have access to all relevant information in an accessible and understandable
132 See, eg, CESCR: Concluding Observations Guatemala E/C.12/GTM/CO/3 (2014); Concluding Observations Burundi
E/C.12/BDI/CO/1, para 14; Concluding Observations Honduras E/C.12/HND/CO/2 (2017), para 20; Concluding
Observations El Salvador E/C.12/SLV/CO/3-5 (2014); CRC: General Comment No 19, para 76; ‘Report of the Special
Rapporteur on poverty, Magdalena Sepúlveda Carmona’ (2014) UN Doc A/HRC/26/28, paras 20–23.
133 Concluding Observations Tajikistan E/C.12/TJK/CO/2-3 (2015).
134 CRC, General Comment No 19, para 76. See also Report of the Special Rapporteur on the situation of human rights in
Cambodia (the ‘Special Rapporteur on Cambodia’), Surya P Subedi’ (A human rights analysis of economic and other
land concessions in Cambodia) (2012) UN Doc A/HRC/21/63/Add.1, Summary.
135 See, eg, ‘Report of the Working Group on business and human rights’ (Visit to Azerbaijan) (2015) UN Doc A/
HRC/29/28/Add.1; CESCR, ‘Concluding Observations on Georgia’ (2002) UN Doc E/C.12/1/Add.83, para 11.
136 See, eg, ‘Report of the Independent Expert on poverty, Magdalena Sepúlveda Carmona’ (2011), UN Doc A/HRC/17/34,
para 81.
December 2017 The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies
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