A/HRC/38/40
impacts of such activities on the enjoyment of all human rights. Those mandate holders and
the Advisory Committee have also advocated for a binding legal instrument on the issue of
corporate social responsibility that would stipulate the obligation of domestic and
transnational corporations (and even wealthy individuals) to pay taxes where their incomes
and profits are generated, and prohibit the shifting of profits to so-called tax havens.
60.
The Independent Expert notes the absence of an adequate degree of human rightsbased international solidarity among States in the area of taxation — a situation that allows
transnational and domestic corporations to legally (if illegitimately) transfer revenues and
profits from countries where they are generated to so-called tax havens, where the taxation
rate may be significantly lower or even non-existent. A lack of human rights-based
international solidarity is also evident in the processes that determine global tax policy,
which are dominated by certain States to the exclusion of others. The Independent Expert
notes with concern the secrecy surrounding tax haven jurisdictions and encourages
Governments to realize the need for a global or international tax instrument to stop the use
of such jurisdictions.
61.
A thematic report on taxation and international solidarity would study and comment
on: (a) the need for fair and just taxation to advance human rights; (b) the reform of fiscal
and budgetary policy through the abolishing of tax havens and other such arrangements; (c)
the closure of international tax loopholes; (d) the end of secrecy with regard to tax havens;
(e) how effective taxation systems can contribute to the implementation of the principles of
international solidarity; (f) the enhancement of international cooperation and development;
(g) the fostering of the overall economic advancement of developing and other countries;
and (h) the fulfilment of the international human rights obligations of States.
L.
International solidarity and economic security
62.
The Independent Expert notes that globalization has been accompanied by a
widening gap between countries from the global North and the global South, and by
widespread poverty and inequality (including gender inequality, unemployment, social
erosion and environmental risks). The ongoing liberalization of trade and capital (albeit not
of migration flows) contributes to the greater interconnectedness and interdependence of
individuals and States, which presents challenges, but also offers opportunities for
international solidarity to be deployed through international cooperation to promote a fair,
inclusive and rights-based international trade and investment regime.
63.
The immediate past Independent Expert discussed with interest the Social Protection
Floor Initiative, which advocates for a basic set of transfers, either in cash or in kind, to
provide a guaranteed minimum income and livelihood security for all by supplying an
essential level of goods and social services such as health, water and sanitation, education,
food, housing, and life- and asset-saving information, accessible to all.28
64.
Furthermore, the Independent Expert has been observing the debates occurring in
several States over the implementation of a guaranteed or unconditional basic income, in
which all citizens (or permanent residents) of a country would receive a regular, liveable
and unconditional sum of money, notwithstanding their employment or income status.
65.
In this regard, the Independent Expert concurs with the Special Rapporteur on
extreme poverty and human rights, who in a recent groundbreaking report 29 argued for the
desirability of advocating a basic income approach in an environment of rapidly changing
economic and social structures that is resulting in a growing sense of economic insecurity
affecting large segments of the population of many societies. This economic insecurity and
the growing inequality in distribution of wealth represents a threat to the enjoyment of all
human rights, particularly economic and social rights. It also poses as significant a threat to
the enjoyment of the right to human rights-based international solidarity.
28
29
See A/HRC/29/35.
See A/HRC/35/26.
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