Right to Development and Illicit Financial Flows from Africa

Gerard Emmanuel Kamdem Kamga; Serges Alain Djoyou Kamga; Arnold Kwesiga

doi:10.5771/9781666932317

Summary

Gerard Emmanuel Kamdem Kamga, Serges Djoyou Kamga, and Arnold Kwesiga explore a relatively new phenomenon, namely referred to as illicit financial flows, that aim to impoverish the African continent and prevent its economic development. There is a direct relationship between illicit financial flows and failed initiatives to realize the right to development on the continent. For instance, in 2016, Africa received $41 billion towards public development while $50 billion left the continent through illicit financial flows. The gap between recent economic achievements on the continent and its state of generalized underdevelopment coupled with rampant poverty, corruption, prolonged economic crisis, and political instabilities signals an issue with resource allocations. The systematic theft of resources by multinational corporations and criminal networks is a hard blow to the idea of people-driven development in line with the Pan African vision of “an integrated, prosperous and peaceful Africa” proclaimed by Agenda 2063. Right to Development and Illicit Financial Flows from Africa: Dynamics, Perspectives, and Prospects provides insights into the dynamics and perspectives on illicit financial flows and its dire impacts on the right to development and development initiatives across the continent.

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Bibliographic data

Copyright year: 2024
ISBN-Print: 978-1-66693-230-0
ISBN-Online: 978-1-6669-3231-7
Publisher: Lexington, Lanham
Language: English
Pages: 322
Product type: Edited Book

1. Contents No access
2. Acknowledgements No access
3. 1. Right to Development and Illicit Financial Flows from Africa: Dynamics, Perspectives, and Prospects No access
  2. Overview of the Book No access
1. 1. Introduction No access
  2. Development in Africa: The Past and Present Realities No access
  3. Africa’s Right to Development No access
  4. Prospects of the Right to Development in Africa No access
  5. Reducing Inequality No access
  6. Broad Access to Basic Services No access
  7. Improvement in Human Development Parameters No access
  8. IFFs as a Clog in the Wheel of the Right to Development in Africa No access
  9. Manners of IFFs No access
  10. Impacts of IFFs No access
  11. Addressing IFFs as a Way to Achieving the Right to Development No access
  12. Building Institutions No access
  13. Facilitating International Cooperation No access
  14. Massive Data Collection Drive No access
  15. Agenda 2063: ‘The Africa We Want’ No access
  16. The Role of African Stakeholders in Achieving the ‘Africa We Want’ No access
  17. Identifying and Addressing Possible Problems towards Achieving “Africa We Want” No access
  18. Finances No access
  19. Political Instability No access
  20. Conclusion No access
  21. Notes No access
  22. Bibliography No access
2. 1. Introduction No access
  2. The Proliferation of IFFs from South Africa No access
  3. Assessing the Architecture to Curb IFFs from South Africa No access
  4. Conclusion No access
  5. Notes No access
  6. Bibliography No access
3. 1. Introduction No access
  2. The Disruptive Effects of IFFs on a Country’s Development No access
  3. Impact of Capital Flight on Poverty Alleviation No access
  4. Illegal Money Laundering Techniques as the Standard of IFFs No access
  5. The Impact of Illegal Financial Activities on National Security Threats No access
  6. In the Ethiopian Case Study, the Use of Unlawful Financial Access Instruments No access
  7. Economic Manipulation Techniques and the Lesson to Be Learned No access
  8. Conclusion and Policy Recommendations No access
  9. Notes No access
  10. Bibliography No access
4. 1. Introduction No access
  2. 1. What Are IFFs? No access
  3. 1. Tax Avoidance No access
    2. Tax Evasion No access
    3. Tax Havens No access
  4. Linkages between the Right to Development and IFFs No access
  5. Analysis of Legal and Institutional Framework for Tax Cooperation No access
  6. 1. Global Forum on Transparency and Exchange of Information for Tax Purposes No access
    2. Africa Initiative, 2014 No access
    3. The Yaoundé Declaration, 2017 No access
    4. Multilateral Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) No access
    5. The Inclusive Framework on Base Erosion and Profit Sharing No access
    6. United Nations Committee of Experts on International Cooperation in Tax Matters (UN Tax Committee) No access
  7. 1. Conclusion No access
    2. 1. Peer Learning and Capacity Building of Tax Administrators No access
      2. Ratification of Instruments No access
      3. Political Goodwill No access
      4. Public Sensitisation and Awareness Creation No access
  8. Notes No access
  9. Bibliography No access
5. 1. Introduction No access
  2. Development: A Human Rights Approach No access
  3. States as Primary Duty Bearers of the Right to Development No access
  4. African IFFs and Impact on State Responsibility to Enforce the Right to Development No access
  5. Factual Overview of the Halliburton Scandal and Nigerian Government’s Complicity in Undermining Its RTD No access
  6. 1. Link between Corruption, Underdevelopment, and the Gradual Erosion of Sovereignty No access
    2. Increases Financing Gap in Achieving the Sustainable Development Goals No access
    3. Threaten National and Regional Peace and Security through Widening Inequality No access
  7. 1. Redefine African Development in Concrete and Implementable Measures No access
    2. Implement Global Financial Anti-Corruption Measures into National Laws No access
    3. Active Involvement of African Civil Society Organisations in Implementing Development No access
    4. Increase Public Access and Input on Public Finances and Development Projects No access
  8. Notes No access
  9. Bibliography No access
6. 1. Introduction No access
  2. Overview of Definition and Forms of IFFs No access
  3. Impact of IFFs and Corruption on the Right to Development No access
  4. 1. Equality and Non-discrimination No access
    2. Participation No access
    3. Empowerment No access
    4. Accountability No access
    5. International Covenant on Economic, Social, and Cultural Rights No access
    6. United Nations Convention against Corruption No access
    7. Other Relevant Human Rights Instruments No access
  5. 1. Creation of Legally Binding Obligations No access
    2. Political Value and Strengthened Advocacy Measures No access
    3. Other Advantages No access
  6. Conclusion No access
  7. Notes No access
  8. Bibliography No access
7. 1. Introduction No access
  2. 1. The State No access
    2. The Private Sector No access
  3. 1. Understanding the State Capture and the IFFs from South Africa No access
    2. The State Capture, a Sophisticated System of Grand Corruption39 No access
    3. IFFs from South Africa No access
  4. Understanding the ‘Provincial State Capture’: From the Concretisation of the RTD to IFFs from the Free State No access
  5. Estina Diary Project: A Concretisation of the RTD in the Free State Province No access
  6. Financial Fraud and Criminal Networks No access
  7. 1. Banking System and Human Rights/RTD No access
  8. FNB and Standard Bank’s Failure to Protect the RTD in the Free State Province No access
  9. Conclusion No access
  10. Notes No access
  11. Bibliography No access
8. 1. Introduction No access
  2. Connecting Neoliberalism with Neoliberal Legality No access
  3. South Africa’s Neoliberal Policy Approach to the Regulation of the Banking Sector No access
  4. Neoliberal Regulation of the Banking Sector in South Africa No access
  5. Conclusion No access
  6. Notes No access
  7. Bibliography No access
9. 1. Introduction No access
  2. 1. South Africa No access
    2. Nigeria No access
  3. Effect of Illicit Transfer and Its Connection to the Right to Development No access
  4. 1. Women’s Engagement with Illicit Financial Flows No access
    2. Effect of Illicit Financial Flows on Women’s Socio-economic Rights No access
  5. Innovative Strategies to Stall or Limit Illicit Fund Transfer from Africa through Women-Inclusive Measures for Development No access
  6. Conclusion No access
  7. Notes No access
  8. Bibliography No access
1. 1. Introduction No access
  2. The Right to Development: An African Context No access
  3. 1. Illicit Financial Flow in Context No access
  4. Recovery of Stolen Assets No access
  5. Recommendations No access
  6. Conclusion No access
  7. Notes No access
  8. Bibliography No access
2. 1. Introduction No access
  2. Introducing the CEMAC No access
  3. 1. The Impact on Development No access
    2. The Impact on the Right to Development No access
  4. Curbing IFFs in Disguise No access
  5. Conclusion No access
  6. Notes No access
  7. Bibliography No access
3. 1. Introduction No access
  2. A Review of RFI as an Alternative to Traditional Finance Institutions to Realise the RTD No access
  3. 1. RTD Under the ACHPR No access
    2. The RTD in the DRC No access
  4. IFFs as a Barrier to the Realisation of the RTD in the DRC No access
  5. The Implementation of RFI Model in the DRC as a Form of IFF No access
  6. Conclusion No access
  7. Notes No access
  8. Bibliography No access
4. 1. Introduction No access
  2. The Theory of Taxation and Tax Injustice No access
  3. The Nexus between Tax Injustice and the Violation of the RTD No access
  4. 1. The Role of the State at the National Level No access
    2. The Role of the International Community No access
  5. Concluding Remarks No access
  6. Notes No access
  7. Bibliography No access
5. 1. Introduction No access
  2. Defining IFFs No access
  3. IFFs and Africa No access
  4. Legal Regime No access
  5. The Ugandan Experience No access
  6. Highlighted Effects No access
  7. Specific Sectors No access
  8. Recommendations No access
  9. Conclusion No access
  10. Notes No access
  11. Bibliography No access
Index No access Pages 309 - 314
About the Contributors No access Pages 315 - 322