A/HRC/45/15
for businesses and high consumption taxes, that systematically discriminated against the
poor.16
89.
Therefore, as States reform their tax systems to try to increase their domestic revenues
for development financing, the Special Rapporteur calls attention to the potential to use
progressive tax systems, or systems that tax the wealthy at higher rates than the poor, as tools
for advancing human rights and reducing inequalities (see A/HRC/26/28). The Addis Ababa
Action Agenda contains, in its paragraph 22, a commitment to enhancing revenue
administration through modernized, progressive tax systems, and in accordance with article
3 (1) of the Declaration on the Right to Development, States have the primary responsibility
for the creation of national and international conditions favourable to the realization of the
right to development.
90.
In recent years, developing countries around the world have actually reduced income
taxes on the wealthiest groups, while raising consumption taxes, such as VAT.17 In Latin
America, research links high levels of inequality to the fact that the average corporate tax
rate in the region fell from 43.9 per cent in 1985 to 26.8 per cent in 2015. The average general
VAT rate in the region rose from 10.6 per cent to 15.2 per cent during the same period. 18
Proposed solutions for making tax systems more progressive relate to increasing the
proportion of taxes that the private sector and wealthy groups pay through higher corporate
tax rates, property tax rates, wealth taxes and financial transaction taxes, among others. The
Special Rapporteur notes that civil society has called for strengthening tax administration
services and for the formation of dedicated tax administration units for enforcing taxes on
the wealthy.19
91.
Regarding consumption taxes such as VAT, the rates unduly burden the incomes of
women and people living in poverty because they pay higher proportions of their income on
these taxes than the rich. Suggestions from civil society include exempting from such taxes
basic foods, household fuel, feminine products, medicines and other goods that people living
in poverty require, which could help to address the disproportionate impact. 20 The example
of a Latin American country applying a 0 per cent VAT rate to medical supplies is a good
practice in this area (see para. 49 above).
92.
In this context, the Special Rapporteur reviewed the information received about tax
holidays and special provisions that are meant to attract foreign investment (see paras. 44 and
50 above). While he understands the importance of attracting foreign investment for the
development of domestic economies, he is concerned that in some cases such special
provisions result in disproportionately low fiscal revenues, which hamper the ability of States
to budget for social protection networks. The issue is particularly acute in developing
countries, where income and property taxes do not generate considerable revenue.
C.
Meaningful community participation in financing for development
93.
With respect to how financing for development, including resource mobilization and
tax policies, translates to the experience of individuals and communities, the lack of
meaningful participation in decision-making processes represents a significant challenge for
implementing the right to development. The Special Rapporteur appreciates the above
information regarding processes for consulting communities (see, for example, paras. 30, 58,
59 and 75 above). Yet he remains concerned that participation has not been budgeted for and
16
17
18
19
20
Center for Economic and Social Rights, submission to the Special Rapporteur.
Isabel Ortiz, Matthew Cummins and Kalaivani Karunanethy, “Fiscal space for social protection and
the SDGs: options to expand social investments in 187 countries”, Extension of Social Security
Working Paper No. 48 (International Labour Organization, 2017), pp. 9–11.
Initiative for human rights principles and guidelines in fiscal policy in Latin America, “Commentaries
to the OECD call for public input on the tax challenges of digitalization, and possible solutions” (6
March 2019). Available at www.cesr.org/sites/default/files/OECD%20March%202019%20%20EN.pdf.
ActionAid, Who Cares for the Future, pp. 80–81.
Ibid., p. 86.
15
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