A/HRC/31/33
VIII. Children’s rights and the private sector
50.
While States have the primary responsibility to respect, protect and fulfil children’s
rights, support is needed from both civil society and the private sector. In particular, States
should take measures to ensure that the activities and operations of the private sector do not
have an adverse impact on their ability to realize the investment needed to implement
children’s rights fully. Such measures include stopping illicit financial flows and preventing
tax avoidance by, for example, requiring public country-by-country reporting. This is a
simple mechanism that requires companies operating in multiple jurisdictions to disclose
their profits, the taxes they pay and other relevant financial details, on a country-by-country
basis. In this way, the low-tax jurisdictions to which companies shift their profits in order to
pay less tax would be clear. In 2013, the Group of Eight agreed to the development of an
international tax tool that would give tax authorities access to country-by-country reporting
information; the Organization for Economic Cooperation and Development (OECD) is
taking this work forward.40 To address illicit financial flows effectively, States should also
put in place public registries of beneficial ownership of companies and trusts, as well as
initiate multilateral automatic exchange of tax information.
51.
States can also help to ensure that the private sector is a positive force for children’s
rights by promoting strategic investment. India, for example, became in April 2014 the first
State to legally require companies with a certain turnover and profitability to spend 2 per
cent of their average net profit for the past three years on social projects and programmes.
Section 135 of the Companies Act provides detailed guidelines of the kinds of activities
that may be conducted in relevant categories for social investment, including hunger and
poverty, education, health, gender equality and women’s empowerment, skills training,
environment, social enterprise projects and the promotion of rural and national sports.
IX. Obligations of international assistance and cooperation
A.
International cooperation
52.
Cooperation among States in schemes to promote investment in children is crucial
on several levels. For example, international cooperation can play an important role in
strengthening the State’s capacity to collect taxes, including in the areas of legislation,
collection, auditing and law enforcement. One such example is the OECD Tax Inspectors
Without Borders initiative, which will provide international auditing expertise and advice to
help developing countries to better address tax-base erosion, including tax evasion and
avoidance. The programme will match demand by developing countries for outside help
with complex international tax audits with a supply of international experts. Joint teams
will operate under local leadership in each country.41
53.
Official development assistance (ODA) is also a key tool in promoting effective and
efficient investment in children. In undertaking ODA, States must ensure that donors make
available relevant information on the child-focused assistance provided. The positive effect
of well-targeted ODA can be seen in the experience of Rwanda, which received £20 million
from the Government of the United Kingdom of Great Britain and Northern Ireland to, inter
alia, establish the Rwandan Revenue Authority. Since then, the United Kingdom and other
donors have helped to develop the Authority to the point where it now collects the value of
40
41
14
McNair et al, Tackling Tax and Saving Lives (see footnote 3), p. 21.
Ibid., p. 23. See also General Assembly resolution 69/313, annex, paras. 27-29.
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