Convene world conference on abolition of tax havens,
human rights expert urges the GA and next UN Secretary-General
GENEVA (13 October 2016) – The newly selected UN
Secretary-General António Guterres should
convene a world conference on tax avoidance and evasion, the abolition
of tax havens and the protection of whistleblowers, the UN’s Independent expert
on the promotion of a democratic and equitable international order, Alfred de
Zayas, said on Thursday.
“The choice of Mr Guterres as the next UN
Secretary-General offers a unique opportunity to advance the fight against tax
evasion and illicit financial flows, at a moment where the world is paying
increasing attention to these crucial issues,” Mr. de Zayas said.
“I sincerely hope that the abolition of tax havens and
the creation of a United Nations Tax Authority with a mandate to combat
offshore tax avoidance and evasion, and to outlaw tax havens, will be among Mr
Guterres’ priorities. Trillions of dollars necessary for combatting extreme
poverty and addressing climate change are being kept offshore, thus escaping
just taxation and effectively stealing hundreds of billions of dollars each
year from the public treasuries,” the human rights expert said.
“Widespread tax avoidance, tax evasion, tax fraud and
profit-shifting, facilitated by bank secrecy and a web of shell companies
registered in tax havens, are now routinely documented, but their true human
cost is only revealed progressively,”
noted the expert, whose new report to
the General Assembly focuses on these issues.*
Noting that an increasing number of human rights experts
are reporting on the issue**, Mr. de Zayas also insisted on the need to put the
issue of taxation on the agenda of the General Assembly and of the Human Rights
Council, in particular through the Universal Periodic Review and the 2016 Forum
on Human Rights, Democracy and the Rule of Law.
“Corruption, bribery, tax fraud and tax evasion have such
grave effects on human dignity, human rights and human welfare that they shock
the conscience of mankind. They should be prosecuted nationally and
internationally,” said Mr. de Zayas.
“The United Nations must take concerted action against
abuses and crimes perpetrated by individuals, speculators, hedge funds and
transnational enterprises who skirt taxes and loot governments. In particular,
I urge the UN General Assembly to draft a convention to outlaw tax-havens
worldwide, declare so-called ‘sweetheart deals’ with transnational corporations
such as Apple, Google and Starbucks to be contrary to international ordre
public.”.
The independent expert also called for effective
protection of whistleblowers.
“Whistleblowing is one of the most effective methods of
shining light on corruption. Thanks to the revelations of the Panama Papers,
Bahamas Papers, Luxleaks and the UNAOIL scandal, a public debate on corruption,
bribery and tax havens has started that is providing momentum for legislative
changes to abolish secrecy jurisdictions. But whistleblowers, who should be
considered as human rights defenders as they significantly contribute to a
culture of transparency and accountability, often pay a heavy price. It is in
the spirit of a democratic and equitable international order to adopt
legislation to protect whistleblowers and witnesses from reprisals and to
provide them with easy-to-access avenues to make disclosures,” he added.
As part of effort to identify concrete measures to
counter tax evasion, Mr. de Zayas is convening an expert consultation in Geneva
on 14 October, at which “strategies will be discussed, including the
mainstreaming of human rights into the activities of the World Bank and International
Monetary Fund, which should henceforth refuse funding to any project or country
that participates in or allows illicit financial flows into tax havens”.
ENDS
* The report of the Independent Expert on the promotion
of a democratic and equitable international order on the human rights impact of
tax avoidance, tax evasion, tax fraud and profit shifting (A/71/286) is
available here:
** The report of the UN Independent Expert on foreign
debt (A/HRC/31/61) is available here:
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session31/Pages/ListReports.aspx
Mr. Alfred de Zayas (United States of America) was
appointed as the first Independent Expert on the promotion of a democratic and
equitable international order by the Human Rights Council, effective May 2012.
He is currently professor of international law at the Geneva School of
Diplomacy. Learn more, log on to:
http://www.ohchr.org/EN/Issues/IntOrder/Pages/IEInternationalorderIndex.aspx
Check the Independent Expert’s 2015 report to the UN
Human Rights Council (A/HRC/30/44):
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session30/Pages/ListReports.aspx
Check the Independent Expert’s 2015 report to the General
Assembly on the incompatibility of ISDS with human rights norms (A/70/285):
The Independent Experts are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity.
For more information and media requests, please contact
Mr. Thibaut Guillet (+41 22 917 9674 /tguillet@ohchr.org) or write toie-internationalorder@ohchr.org
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