Human Rights Based Budget Analysis and Budget Work
Human rights based budget analysis is a thorough and detailed review of the budget using
human rights norms, standards and principles. lt seeks to affect both the budget decisions and
the way budget issues are decided. Human rights based budget analysis and budget work
have been conducted by a variety of actors, applying different methodology in specific
contexts, but all based on human rights norms, standards and principles. They identify specific
steps to undertaking human rights based budget analysis and provide useful guidance to
researchers and analysts.
Applying the HRBA to Public Finance Framework to Public Revenues
Public revenues come from tax and non-tax revenues, with tax revenues accounting for the bulk
of total public revenues. HRBA to public finance provides that paying taxes is a basic duty of all
individuals (UDHR, Art. 29), regardless of the political or moral orientation of the taxpayer.
(Greggi, 2009) Paying taxes is a critical part of state-building and strengthening democracy.
Taxes are used to provide public goods and services that individuals alone cannot afford. Taxes
also redistribute wealth throughout society. (Christensen) But government's tax power is limited
by the boundaries of human rights, and the tax system must be governed by the human rights
principles of proportionality, equity, non-retroactivity, reasonableness, and respect for due
process.
The Philippines has not been able to mobilize the maximum tax revenues. Tax effort has been
low and declining (from 14.3% of GDP in 2006 lo 12.80/" in 2009), in part due to changes in tax
policy, increased tax evasion and changes in the country's economic structure. (Manasan,
2011) Tax leakages, both tax evasion and tax avoidance, constitute a significant reduction of
government's tax revenues.
The development of an equitable tax system is a prerequisite for achieving human rights. (Waris
and Kohonen, 2011) The 1987 Philippine Constitution mandates uniform and equitable taxation
and requires a progressive system of taxation, but the tax system relies equally on both direct
and indirect taxation, each contributing less than half of total tax revenues. Moreover,
discrimination is present in both direct and indirect taxation. For one, the bulk of personal
income tax is sourced from fixed salary workers rather than from professionals or businessmen.
For another, there is a heavy reliance on indirect taxation, in particular the value-added tax
(VAT), which imposes a heavier tax burden in real terms on those living in poverty than on the
rich. Tax discrimination against women has been noted in other contexts, but the issue has not
received attention in the Philippines.
Taxation also affects the satisfaction of the minimum essential levels of human rights by
affecting a person's access to essential goods, services and facilities implicit in a right. Some
examples can be found in the VAT. Take the right to adequate food. While some raw food
products are exempt from VAT, transport costs of food items are not, and processed or
manufactured foods are not VAT-exempt.
Taxation should promote shared control over the country's financial resources by fully
incorporating the human rights principles of participation, transparency and accountability.
Mechanisms for meaningful participation and accountability need to be built into tax measures.