Tax and Development: Solving Kenyas Fiscal Crisis through Human Rights


Book Description

Taxation is perceived by citizens as a compulsory contribution to the state yet, the legitimacy of the state rests on the publics acceptance of the states right to levy tax and redistribute it in such a manner as to promote the overall good of society. The modern developing state can be said to be facing a crisis of fiscal legitimacy, afflicted by poor governance, poor societal participation, corruption and a lack of accountability. This book investigates whether a possible remedy in averting the fiscal crisis is firstly, to re-establish a link between taxation and government expenditure in the developing state and to utilise human rights law, principles and policies to link tax revenue to expenditure through re-distribution. This thesis will consider whether human rights may be the tool or vehicle for citizens to assess fiscal allocations It analyses developing countries with reference to Brazil and India and more specifically Kenya.




Tax and Development


Book Description

Taxation is perceived by citizens as a compulsory contribution to the state yet, the legitimacy of the state rests on the publics- acceptance of the state-s right to levy tax and redistribute it in such a manner as to promote the overall good of society. The modern developing state can be said to be facing a crisis of fiscal legitimacy, afflicted by poor governance, poor societal participation, corruption and a lack of accountability. This book investigates whether a possible remedy in averting the fiscal crisis is firstly, to re-establish a link between taxation and government expenditure in the developing state and to utilise human rights law, principles and policies to link tax revenue to expenditure through re-distribution. This thesis will consider whether human rights may be the tool or vehicle for citizens to assess fiscal allocations It analyses developing countries with reference to Brazil and India and more specifically Kenya.







Tax Justice and the Political Economy of Global Capitalism, 1945 to the Present


Book Description

Tax “justice” has become an increasingly central issue of political debate in many countries, particularly following the cardiac arrest of global financial services in 2008 and the subsequent worldwide slump in trade and production. The evident abuse of tax systems by corporations and rich individuals through tax avoidance schemes and offshore shadow banking is increasingly in the public eye. Above all, the political challenges of recovery and structural reform have raised core issues of burden-sharing and social equity on the agendas of both civil society groups and political elites. Democratic states need tax revenue to fund public goods and combat public “bads” with any degree of legitimacy. The contributions to this book discuss the haphazard evolution of contemporary taxation systems, their contradictory effects in a globalized economy, and the urgency of their reform as a precondition for social justice.




Tax, Inequality, and Human Rights


Book Description

For the first time, Human Rights and Tax in an Unequal World brings together works by human rights and tax law experts, to illustrate the linkages between the two fields and to reveal their mutual relevance in tackling economic, social, and political inequalities. Against the backdrop of systemic corporate tax avoidance, the widespread use of tax havens, persistent pressures to embrace austerity policies, and growing gaps between the rich and poor, this book encourages readers to understand fiscal policy as human rights policy, with profound consequences for the wellbeing of citizens around the world. The essays collected examine where the foundational principles of tax law and human rights law intersect and diverge; discuss the cross-border nature and human rights impacts of abusive practices like tax avoidance and evasion; question the role of states in bringing transparency and accountability to tax policies and practices; highlight the responsibility of private sector actors for the consequences of tax laws; and critically evaluate certain domestic tax rules through the lens of equality and non-discrimination. The contributing scholars and practitioners explore how an international human rights framework can anchor debates around international tax reform and domestic fiscal consolidation in existing state obligations. They address what human rights law requires of state tax policies, and what a state's tax laws and loopholes mean for the enjoyment of human rights within and outside its borders. Ultimately, tax and human rights both turn on the relationship between the individual and the state, and thus both fields face crises as the social contract frays and populist, illiberal regimes are on the rise.




Climate change justice and human rights: An African perspective


Book Description

Populations in Africa are vulnerable to both the direct and indirect adverse effects of climate change that are of human rights significance. The urgency for states in Africa to implement climate interventions while they face developmental challenges, however, raises questions of ‘justice’ or ‘fairness’ between the developed and the developing states. Consequently, interrogating how the human rights paradigm may respond to negative implications of climate change and its ‘fairness’ is important as states continue to engage with the climate change standard setting. This edited volume critically interrogates human rights paradigm as an intervention to secure climate change justice for vulnerable populations; analyses regional protection against human rights consequences of climate change; and assesses emerging interventions based on domestic regulatory frameworks on climate change in selected states in Africa.




Natural Resources and Human Rights


Book Description

Natural resources and their effective management are necessary for securing the realisation of human rights. The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace and security, but it is also intimately connected to the political, economic, social and cultural rights of individuals and communities relying on these resources. The management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms and weak policies coupled with a continued denial of the human rights of local communities. This book argues that human rights law can play an important role in ensuring a more effective and sustainable management of natural resources, putting forward the idea of a human rights-based normative framework for natural resource management. It offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.




Human rights and democratic governance in Kenya: A post-2007 appraisal


Book Description

This publication is a collection of essays on human rights and democratic governance in Kenya in the period after the 2007 post-elections violence. After surviving the trauma of electoral violence, the country soon embarked on a journey towards reconstruction by engaging in, among other things, intense re-evaluation of the then existing system of laws and institutions. In the process, the daunting task has been to reverse the flawed systems that have been in existence for many decades and in their place entrench systems that would promote and respect democratic governance and human rights. This publication, therefore, documents the extent of the country’s reconstruction since 2007, and makes recommendations for the way forward for the recovery of the state.




Financing Africa


Book Description

Financing Africa’s development requires ingenuity, discipline, and an understanding of fiscal systems – the entirety of government revenues and expenditures, including taxation and debt. This book makes fascinating what might seem at first glance complex. It describes diverse approaches that have been adjusted to local circumstances across the continent and reflects on the push to unite and harmonise toward African union. Africa is rich, yet resources are lost through loopholes in fiscal systems. Financial resources come from the people, are not unlimited, and do not come easily or without cost. Africans must therefore cherish these resources and use them in nation-building and national and regional development. Efficient, effective, transparent and accountable fiscal systems that are fair and just will go a long way toward financing Africa’s development. Using examples from all of Africa’s 54 countries, the book makes fiscal matters real and understandable for people, no matter their field. It demonstrates the importance of fiscal law and policy for development and the impact it has on individuals, communities, nations, regional groupings, and the continent.




COVID-19 and the Right to Health in Africa


Book Description

This collection draws upon a range of thematic and regional case studies and uses the right to health as a normative framework to explore the devastating impact of the COVID-19 pandemic in Africa. Drawing lessons from across the continent, the book discusses the challenges faced by African states seeking to ensure the availability, accessibility, and quality of health care in the context of the COVID-19 pandemic. In particular, the volume explores the impact of the pandemic on the right to health of vulnerable and marginalized groups, such as women, children, elderly persons with disabilities, refugees and asylum seekers, and people from disadvantaged communities. Due to the poor funding of the healthcare systems, access to health-related services was limited to these groups in many African countries, thereby leading to avoidable COVID-19-related deaths through shortages of vital supplies, including diagnostic tests, ventilators, and oxygen cylinders. Chapters in the volume also explore the contentious issues of vaccine mandates, equity, resource allocation, and the rights of healthcare providers during the pandemic. This collection will be of interest to students of public health, human rights, and the social sciences, as well as to academics and policymakers with an interest in the nexus between the COVID-19 pandemic and public health policy in Africa.