Insight

Africa Steps Up to Reshape International Tax Rules

As new technologies, demographics, and climate change shift the global economy, governments and international organizations have started reforming the rules to keep up—and African policy-makers are seizing the opportunity to push for a fairer system to protect public revenues. 

October 20, 2023
Chenai Mukumba, Executive Director, Tax Justice Network Africa, speaking at the Global Conference on the Future of Resource Taxation in Zambia. Photo by IISD/ENB 
Chenai Mukumba, Executive Director Tax Justice Network Africa, speaking at the Global Conference on the Future of Resource Taxation in Zambia. Photo by IISD/ENB

“The era of waiting has come to an end,” announced Chenai Mukumba, Executive Director of Tax Justice Network Africa, at a tax policy conference earlier this year. “African countries no longer exist at the peripheries of global tax governance.”

Mukumba’s is just one of the many African voices that have been publicly questioning international tax rules for at least a decade. Established a century ago, these rules have maintained wealth imbalances between nations, with multinational corporations based mainly in rich countries exploiting legal loopholes to avoid paying taxes in the places they operate. For developing countries, this amounts to hundreds of billions of dollars in lost revenues and costs Africa at least USD 23 billion per year. Prominent critics have also pointed out that the established rules fail to prevent illicit financial flows—that is, money moving across borders to conceal taxable income and illegal activities.

But as new technologies, demographics, and climate change shift the global economy, governments and international organizations have started reforming the rules to keep up—and African policy-makers are seizing the opportunity to push for a fairer system to protect public revenues. For instance, the United Nations Economic Commission for Africa published a 2015 report highlighting the need to stem tax avoidance and evasion. The report led to the Addis Tax Initiative, a capacity-building partnership for developing countries. And since 2009, African countries have reportedly collected at least EUR 1.7 billion in additional revenue through improved tax administration, information exchange mechanisms, and rigorous offshore investigations.

Driving the UN Push for Inclusive and Effective International Tax Cooperation

In August, the United Nations (UN) Secretary-General published a much-anticipated report that outlines three options for more inclusive and effective international tax cooperation—setting standards and norms to ensure multinationals pay their fair share of tax. The report was mandated by a 2022 UN General Assembly resolution, which also requested the Secretary-General take stock of progress made on international tax cooperation and debated the issue at the 78th session of the UN General Assembly.

It’s a little-known but noteworthy fact that this game-changing resolution was submitted by Nigeria on behalf of the Group of African States at the UN. This report sets in motion a major shift in global tax architecture by proposing that the UN should play a bigger role in international tax cooperation, empowering developing countries along the way. These developments exemplify how collective bargaining can be a powerful tool to disrupt the traditional agenda-setting role occupied by developed economies. Moreover, by successfully driving international tax changes to address their needs, Africa is advancing a more inclusive system for the world.

“The era of waiting has come to an end, African countries no longer exist at the peripheries of global tax governance.”  

Chenai Mukumba, Executive Director of Tax Justice Network Africa

The OECD's Inclusive Framework

In June, the Organization for Economic Co-operation and Development (OECD) released the latest guidelines on implementing a global minimum corporate tax. The guidelines follow the 2021 agreement in principle by 138 nations on the foundational premise to ensure multinational corporations are liable for a minimum tax rate no matter where they operate. African negotiators applied upward pressure, pushing for a 20% minimum tax rate (negotiators ultimately settled on 15%). And through the African Tax Administration Forum, African nations successfully advocated for including the Subject to Tax Rule to protect the primary taxing rights of developing countries and collaborated to develop a common approach to implementing key components of the global minimum tax. Exactly half of African states are represented in the 138 supporting the OECD’s minimum tax proposal, while many others are contemplating how to protect their taxing rights once the rules come into effect.

Moreover, since the IISD-ISLP guide for developing countries on the global minimum tax was published, many senior African officials have come forward wishing to discuss policy options. African countries seem to be embracing the shifting landscape as a time to explore new approaches. For instance, some countries are contemplating how to use the global minimum tax as a catalyst to strengthen their international tax regimes, both unilaterally and in cooperation with regional peers. Others are rethinking their use of tax incentives and investment promotion agencies.

Kudzai Mataba (far right), IISD Policy Analyst, speaking at the Global Conference on the Future of Resource Taxation in Zambia. Photo by IISD/ENB
Kudzai Mataba (far right), IISD Policy Analyst, speaking at the Global Conference on the Future of Resource Taxation in Zambia. Photo by IISD/ENB

Regional Trade, Investment, and Tax

At the regional level, the African continent is negotiating the monumental African Continental Free Trade Agreement, which would cover the largest trade area in the world to date, measured by the number of countries participating. The negotiation presents a timely opportunity for African countries to contemplate the interactions between trade, investment, and tax policies and how they can promote development on the continent. The trade agreement could also be an ideal forum for African countries to consider regional strategies to implement the new international tax rules advancing through the UN and OECD.

African leaders should be applauded for their efforts to create an inclusive international tax framework. The momentum built on the international level should be maintained through ongoing continental trade negotiations—but there is a need for further research on the interactions between tax, trade, and investment policies. IISD is looking forward to examining these critical policy interactions and how they support national sustainability goals.

Policy Analysis

Policy Coherence and Food Systems Transformation

To develop national pathways toward sustainable food systems, we need to align a diverse range of policy areas. How can countries such as Ethiopia, Malawi, and Nigeria overcome policy contradictions, inconsistencies, and trade-offs to provide adequate food in an environmentally sustainable way?

October 16, 2023

This article is republished with permission from Rural21. The original article was published on October 9, 2023.

In 2021, the United Nations Secretary-General convened the United Nations Food Systems Summit (UNFSS) to advance progress on food systems transformation and towards the Sustainable Development Goals (SDGs). As part of this process, over 100 countries submitted their collaboratively-developed national pathways for food systems transformation. A review of these national pathways showed that they tend to focus on high-level priorities, and that they lack specificity with regard to the policies and actions needed to transform the food systems of individual countries.

Coming up with these is difficult because doing so requires addressing economic constraints, policy contradictions, inconsistencies and trade-offs across the diverse policy areas relevant to food systems transformation. Guidance documents intended to assist countries in developing their national pathways stress the importance of improving the coherence of policy interventions, but provide limited direction about specific policy coherence issues countries typically face and the challenges in addressing them.

What is policy coherence?

There are several definitions used to describe policy coherence. Organisation for Economic Cooperation and Development (2019) guidance on integrating SDGs into national policy-making stresses the importance of policy coherence across sectors and institutions, while the United Nations framework for food system transformation to accelerate the transition to sustainable food systems (UNEP, 2019) refers to policy coherence as ensuring “… consistency, comprehensiveness, and harmonious-compatible outcomes across policy areas and sectors without compromising the integrity of policymakers’ goals”. Based on this high-level guidance, we consider the following three dimensions of policy coherence:

  • horizontal coherence addressing inconsistencies, trade-offs and gaps in related policies across different sectors such as agriculture, education, environment and others,
  • vertical coordination and coherence addressing efforts to harmonise policies and actions from the national down to local levels and thus across spatial and administrative boundaries, and 
  • temporal coherence addressing the allocation of resources over time and sequencing implementation in the short, medium and longer terms.

There are a range of methodological approaches to assess policy coherence, such as scoring and ranking, trade-off assessment as well as quantitative modelling across policy priorities and planned actions. However, this is an emerging field, so methodologies are still evolving and approaches are often chosen on a case-by-case basis, and in relation to the quality of available documentation.

Horizontal and vertical coherence

Ideally, all national and sub-national policies should be aligned and consistent with the policy objectives identified in national food systems transformation pathways. This would ensure horizontal coherence between national pathways and all related strategies and policies, for example in sectors such as agriculture, environment, health, business development, education and employment. However, ensuring coherence across different sectoral policies and strategies can become an enormous exercise requiring significant analytical, negotiation and resource capacities (time, effort and expense) for policy-makers. Therefore, we suggest focusing on policies and strategies in a narrow subset of directly-linked policy areas covering (see Table):

  • agriculture and rural development, agricultural modernisation and promotion strategies including both crops and livestock, 
  • nutrition and food security strategies including social protection policies, national dietary guidelines, nutritional improvement and food security programmes, 
  • climate change, climate resilience and disaster management strategies such as National Adaptation Plans (NAPs), Nationally Determined Contributions under the Paris Agreement (NDCs) and green economy strategies.

Examples of strategies and policies with critical relevance to ensure coherence in three selected countries

  Malawi Ethiopia Nigeria
Agriculture and rural development

Agricultural Investment Strategy (2018)
National Agricultural Policy (2021)

Growth and Transformation Plan
(GTP II – 2015-2020)

Agricultural Transformation Agenda (ATA) (2013)
Agricultural Promotion Policy (2016)

Food security, nutrition and healthy diets The Social Protection Programme (SPP) (2021)

National Nutrition Program (2013)
Seqota Declaration (2018)
Nutrition Sensitive Agriculture Strategic Plan (2016)
National dietary guidelines (2022)

Social protection policy (2022)
National dietary guidelines (2006, 2013)

Climate change, resilience and disaster management

National Resilience Strategy (2018)
Nationally Determined Contributions (NDCs) (2021)

Nationally Determined Contributions (NDCs) (2021)
National Adaptation Plan (2019)

Nationally Determined Contributions (NDCs) (2021)
National Agricultural Resilience Framework (2015) 
National Adaptation Plan Framework (2021)

Moving beyond these policy areas of critical importance, additional elements could include overall SDG strategies (if available), those focused on educational development, public health policies linked to nutrition and labour market policies affecting employment and compensation. 

Coherence challenges can also arise from poor coordination between national, sub-national and local policies and priorities, which leads to inefficiencies and misdirected resources. However, such vertical coherence has proven to be very difficult to achieve in the case of the SDGs, where linkages to the sub-national level are limited (current SDG localisation efforts mostly focus on cities instead of rural areas). Improving capacities of agencies at both the national level (for horizontal coherence) and sub-national levels (for vertical coherence) could help improve policy consistency, harmonise priorities and align actions to better support implementation, with benefits across sectors.

National pathways – consistent with country policies? 

National food systems transformation pathways were developed in a consultative manner and reflect the priorities of governments and non-governmental stakeholders. To transform food systems, priorities identified in national pathways should become integral elements of national policy and strategy design. The national pathways that were submitted typically reflect existing national policy priorities such as supporting climate-smart agriculture, improving food security, improving nutrition and building farmer capacities. But some relevant existing national policies were not reflected in them (see examples in Table).

Examples of gaps in policy coherence (in orange) between the national pathways and existing national policies and strategies in the three countries

Country and documents Crops Livestock Food safety, standards Value chains Food waste and loss Water availability GHG reduction
Malawi              
National pathway Included Limited Included Included Included Included Limited
National policy Included Included Limited Included Included Limited Included
Ethiopia              
National pathway Included Limited Included Included Limited Limited Included
National policy Included Included Included Included Included Included Included
Nigeria              
National pathway Included Limited Included Included Limited Limited Limited
National policy Included Included Limited Included Included Included Included

Source: based on the submitted national pathways to food system transformation for the three countries.

In Malawi, Ethiopia and Niger, for instance, increasing the size of livestock herds is recognised as a priority policy objective. Here, livestock development is seen as important to address nutritional challenges, strengthen livelihoods and diversify agricultural development. Supporting livestock development while also meeting greenhouse gas emissions reductions targets requires improvements in animal health services and feed quality. In this regard, these countries recently introduced policies to address climate change adaptation and resilience by, for example, supporting farmers’ adaptive capacities, nature-based solutions, infrastructure, access to financial services and markets, and emergency preparedness. Very few aspects of these recent climate change adaptation priorities, especially those focused on supporting farmers’ skills and practices and access to inputs, are included in the national pathways. 

Policy coherence also means that existing policies supportive of food systems transformation and sustainability should be prominently featured in the national pathways. In the context of these three countries, we can mention efforts to reduce food waste and loss as well as food safety and standards. These policy initiatives, which are already underway in some countries, have a low profile, limited political support and few resources. In some cases, they are not emphasised in the national pathways, while in others, they appear in national pathway documents but not in national policies. Explicit integration in national pathways would provide additional impetus to move existing policies forward and highlight gaps where policy frameworks are missing (see Table). 

Temporal coherence

Achieving temporal coherence requires balancing considerations of urgency, synergy and appropriate sequencing of interventions that build on each other, all while considering available resources. For example, national pathways identify measures related to food security, nutrition and land restoration as well as weather forecasting and surveillance to better anticipate climate disasters. Depending on the local context, investments in forecasting and surveillance may be a higher priority from an urgency and synergy perspective to enable farmers to make long-term investments in cultivation practices or restoration with greater security. These priorities would need to be reconciled with policy implementation and capacities at national and sub-national scales, as part of the efforts towards horizontal and vertical coherence. 

Regarding sequencing, there is often need to strengthen key institutions as a foundation for better stakeholder decision-making throughout the agricultural sector. One common recommendation in national pathways including those of the three countries considered here is to set up or significantly improve institutions such as a land registry, agricultural finance and trade services, as well as environmental and disaster monitoring and management. These actions might require considerable efforts and resources but are intended to enable other stakeholders to operate more effectively and efficiently so that they can better drive and respond to other policy initiatives.

Shared priorities across countries and opportunities for support

Finally, we observe that there are similarities between priorities outlined in the three countries, and it should be possible to develop common programmes for donor support, regional initiatives and related capacity-building on issues such as food safety and standards, food loss and waste, options to reduce GHGs from agriculture and institutional development. Similar programming, or regional collaboration in these areas, would also allow learning across countries that aim to address similar priorities.

Conference

2023 Investment Policy Forum

The 15th edition of the International Institute for Sustainable Development's (IISD) Investment Policy Forum was held in Panama City in October 2023. Over 100 investment policy-makers from more than 50 developing countries, regional bodies, and multilateral institutions took part in 3 days of discussions and workshops to advance the coherent reform of investment governance for sustainable development.

October 25, 2023 4:00 am - October 27, 2023 12:00 pm

(By invitation)

The Investment Policy Forum, organized by IISD, is the world's only annual event exclusively for investment policy-makers from developing countries.

The 15th edition of the forum was hosted by the Government of Panama from October 25 to 27, 2023. 

Over 100 investment policy-makers and negotiators from more than 50 developing countries (covering Africa, Asia, South America, and Central America), regional bodies, and multilateral institutions participated in 3 days of panel discussions, workshops, and peer-to-peer learning sessions.

IISD Model Contract Clauses for Responsible Investment in Agriculture launch

At the 2023 Investment Policy Forum, the IISD Model Contract Clauses for Responsible Investment in Agriculture toolkit for developing countries was launched. The toolkit provides legal provisions to help developing countries implement international best practices, principles, and guidance on responsible agricultural investment.

A new IISD policy brief on the need to revisit tax incentives as an investment promotion tool—with the Global Minimum Tax coming into force in January 2024—was also released and discussed at the forum. 

Participants Develop "Institutional Coherence" Toolkit to Support Sustainable Investment Reform

During the opening ceremony, a new Investment Policy Forum supra theme for the coming years was introduced: fostering coherence for sustainable investment governance.

Guided by the new supra theme of coherence, the Investment Policy Forum is set to become a focal point for efforts to harness the growing global momentum for sustainable investment governance reform—and tackle the risk of these efforts being carried out in a fragmented fashion.

With the direction of travel mapped out, the 2023 Investment Policy Forum focused specifically on institutional coherence. After 3 days of unpacking, the participants wrapped up the 15th edition of the forum by building an institutional coherence checklist—a tool to support the Investment Policy Forum community in mapping and strengthening sustainable investment reform efforts in their countries.

Progress on institutional coherence efforts will be evaluated at the 2024 Investment Policy Forum. 

IISD in the news

The feminist agenda at the grassroots: Advocates tell of experiences

For decades, women-led organizations have worked in communities to build women's resilience to the fallout from climate change, promote girls' access to education, and support victims of gender-based violence. We speak with the young and old activists on their experiences working with women.

August 2, 2023

IISD in the news details

Topic
Gender Equality
Region
Canada
Africa
Impact area
Climate
Webinar

Rethinking National Investment Laws: Lessons for policy-making

National investment laws should be renewed to reflect the urgent need to support sustainable investment and meet the challenges of the 21st century—such as climate change and global inequality. In this webinar, the authors of a new IISD report on national investment laws and leading international experts discussed how policy-makers can make the best use of this instrument.

July 27, 2023 11:00 am - 12:30 pm Central European Summer Time (CEST)

Via Zoom

(Open to public)

National investment laws are versatile policy instruments. Governments can use them to ensure investment is governed in line with national policy objectives and the ultimate objective of promoting sustainable development—as explored in IISD's new report.

However, they are often seen as laws with one main function: to provide incentives or legal protection to investors. This narrow view misses the wide range of functions that investment laws perform today. It underestimates the potential of national investment laws as policy tools to help governments reach development goals.

National investment laws are currently in force in many developing countries but vary widely in terms of the functions they serve and their content. They can come to the attention of policy-makers for a variety of reasons, such as when:

  • Policy-makers are evaluating the effectiveness of the tax incentives provided in the national investment law and ask if the incentives provided to certain types of investors work as intended.
  • Foreign firms invest in an industry with national security relevance, which leads elected officials to consider if the screening and approval procedure outlined in the national investment law needs to be updated.
  • Bilateral or regional investment treaties are being negotiated or reformed, prompting policy-makers to ask how their treaties and national laws relate to each other.
  • Wider investment law reform discussions prompt policy-makers to ask if their investment law is outdated.
  • The investment climate has been reviewed by an external organization, and the review recommends reforming the legal framework for investment, including updating an existing national investment law or writing a new one. 

In any of these circumstances, policy-makers may want to know more about national investment laws and consider creating, reforming, or removing national investment laws.

Based on IISD's new report, Rethinking National Investment Laws: A Study of Past and Present Laws to Inform Future Policy-Making, the purpose of the webinar was to help policy-makers rethink their national investment laws. In this webinar, a panel of esteemed investment policy experts from international organizations discussed the key findings of the IISD report and how national investment laws can be calibrated to face the current challenges of investment governance.

The webinar charted how national investment laws have changed over time and analyze contemporary investment laws, focusing on seven main functions that these laws serve today beyond the traditional dichotomy dividing national investment laws into facilitative and controlling. The speakers articulated lessons from the past and present to guide policy-makers on the reform of their investment laws.

Speakers:

Panelists:

Helene François, Legal Advisor and Investment Policy Analyst, Organisation for Economic Co-operation and Development

Massimo Meloni, Coordinator, National Investment Policies Section, UN Conference on Trade and Development

 

Report authors:

Jonathan Bonnitcha, Associate Professor in Law, School of Global & Public Law, University of New South Wales; Senior Associate in Sustainable Investment, Economic Law and Policy Program, International Institute for Sustainable Development; co-author of the report.

Suzy H. Nikièma, Director of Investment for the Economic Law and Policy Program, International Institute for Sustainable Development; co-author of the report

Taylor St John, Lecturer, University of St Andrews, School of International Relations; co-author of the report

 

Moderator:

Josef Ostřanský, Policy Advisor, International Institute for Sustainable Development

Webinar

Due Diligence and Foreign Direct Investment in Developing Countries: Unexpected challenges and opportunities

French translation will be available for the webinar

June 27, 2023 9:00 am - 10:30 am Central European Summer Time (CEST)

Via Zoom

(Open to public)

There is a growing trend for corporate due diligence legislation across the Global North. However, its impact on foreign direct investment (FDI) in developing countries remains underexplored. For the emerging due diligence initiatives to deliver on their potential for the environment and human rights, it is crucial that policy-makers understand their impact on local communities and small businesses across value chains.

In IISD's webinar, leading international experts began to tackle this knowledge gapunpacking the central tenets of these regulations and the challenges and opportunities they create in developing countries.

Due diligence legislation, such as the EU's Corporate Sustainability Due Diligence Directive, France's Duty of Vigilance Law, or Germany's Supply Chain Law, requires companies to respect human rights and the environment throughout their supply chains with legal and financial consequences if they do not comply.

The proliferation of due diligence legislation could reshape the business responsibility landscape and influence the dynamics of international investments, particularly in developing countries. This entails both opportunities and challenges.

Due diligence legislation has the potential to attract responsible investments, promote sustainable development, and foster better business practices. It can also create an impetus to reform regulatory frameworks, ensuring compliance with international standards and promoting transparency, which can stimulate investment.

However, these new regulations present challenges that need to be adequately addressed. Due diligence legislation could conflict with pre-existing laws within developing countries, creating legal ambiguity and generating additional barriers to successful implementation. Local suppliers may also struggle to meet the stringent requirements of these lawsparticularly in high-risk sectors such as textiles, agriculture, food, metals, and mineralspotentially hindering their participation in global supply chains, which could lead to reduced investments and job losses.

The webinar will feature expert insights into the origins and motivations of business due diligence legislation, potential incentives for regulatory reforms in developing countries, and the difficulties faced by local suppliers and small and medium-sized enterprises. The panelists will explore strategies to mitigate potential adverse effects, with a focus on promoting sustainable and inclusive growth.

The discussion aims to provide a holistic understanding of the potential impacts of due diligence legislation on FDI in developing countries to inform policy and decision making.

Speakers

Andrea Shemberg, Chair of the Global Business Initiative, Visiting Fellow at the Investment & Human Rights Project of the London School of Economics.

Amandine Van den Berghe, Senior Lawyer in Value Chains, Trade and Investment at ClientEarth.

Pierre Courtemanche, Founder of GeoTracability, sustainability and supply chain strategist.

Lukas Schaugg, International Law Analyst at IISD, will moderate the discussion.

 
IISD in the news

Lukas Schaugg: "The Energy Charter Treaty hinders climate action"

The Energy Charter Treaty (ECT), established decades ago to facilitate energy investments in Europe and Central Asia, is now being challenged and accused of protecting investments in fossil fuels. Faced with the failure of the reform processes undertaken so far, several European countries, notably France and Germany, have decided to exit the ECT. However, the treaty is trying to expand to Africa as new oil and gas fields are discovered on the continent. In this interview, Lukas Schaugg, International Law Analyst at the International Institute for Sustainable Development (IISD), describes the challenges of the ECT in the face of the climate emergency.

May 22, 2023
IISD in the news

Lukas Schaugg : « Le Traité sur la charte de l’énergie entrave l’action climatique » (in French)

Mis en place il y a plusieurs décennies pour faciliter les investissements dans l’énergie en Europe et en Asie centrale, le Traité sur la charte de l’énergie (TCE) est aujourd’hui contesté et accusé de protéger les investissements dans les énergies fossiles. Face à l’échec des processus de réforme engagés à ce jour, plusieurs pays européens, notamment la France et l’Allemagne, ont décidé de sortir du TCE. Cependant, le traité tente de s’étendre vers l’Afrique au moment où de nouveaux gisements de gaz et de pétrole sont découverts sur le continent. Dans cet entretien, Lukas Schaugg, Analyste en droit international à l’Institut international du développement durable (IISD), décrit les enjeux du TCE à l’heure de l’urgence climatique.

May 22, 2023
IISD in the news

UN Water Conference Should Highlight African Great Lakes

It is with great excitement, mild trepidation, and much hope for the future that I look forward to March 22 which doubles up this year as World Water Day and the kick off to the UN Water Conference.

March 20, 2023
Workshop

Workshop on Sustainable Investment for Government Officials in Malawi

February 28, 2023 8:00 am - March 2, 2023 5:00 pm CAT

(By invitation)

Between February 28 and March 2, 2023, IISD held a 3-day in-person training workshop on agricultural investor–state contracts and international investment agreements in Lilongwe, Malawi.

The main objective of the workshop was to enhance government officials' understanding and awareness of:

  • The relationship between international investment agreements (IIAs), investment contracts, and investment laws and their role in attracting sustainable investment in Malawi. 
  • Selected clauses in investment treaties and investment contracts and understanding of investor–state dispute settlement (ISDS).
  • Opportunities and risks posed by large-scale agribusiness investments and the role of agricultural investment contracts in mitigating these risks and promoting sustainable development. 
  • Best practices to enhance policy coherence and improve negotiation outcomes for responsible investments, with a focus on agriculture.

This capacity-building workshop brought together 30 government officials from the Ministry of Justice; Ministry of Trade and Industry; Office of the President; the Green Belt Authority; Ministry of Agriculture Livestock Fisheries and Co-operatives; Ministry of Foreign Affairs; Malawi Investment and Trade Centre; Ministry of Finance; Public Private Partnership Commission; Reserve Bank of Malawi; Ministry of Natural Resources Energy and Mining; and Ministry of Lands, Housing and Urban Development. These are all relevant institutions dealing with agricultural investment contracts, bilateral investment treaties, and/or agricultural investment laws.