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FINANCING DEVELOPMENT
Virtual Lecture
University of Nairobi
School of Law, Kisumu Campus
2020
The Financing Challenge
Estimates of the amounts needed to
finance the 2030 Agenda are in the range
of “trillions, not billions”, to cover global
financing gaps of between USD 1.5 trillion
per year to USD 2.5 trillion or more.
While this amounts to 2 to 3 percent of
global gross national income (GNI), the
costs of implementing the 2030 Agenda
in proportion to the GNI of developing
countries (low- and middle income) are
far higher.
The magnitude of financing requirements
at the national level can be illustrated by
looking at a subset of the goals related to
social protection as defined by each
country. Kenya – health shortfall of
242billion. Climate finance, shortfall of
120billion, currently, in debt of a trillion
dollars.
Historical
context
Financing for
Development:
Global policy
making
1992
Earth Summit adopted
Agenda 21 (global
partnership for SD to
improve human lives
and protect the
environment)
2000
Millennium Declaration
and MDGs (to reduce
extreme poverty by
2015)
2002
Johannesburg
Declaration on SD and
the Plan of
Implementation
(commitment to poverty
eradication and the
environment and
emphasized on
multilateral partnerships
2012
UN Conference on SD
(Rio +20) - outcome
document ‘The Future
We Want’ – to develop a
set of SDGs to build
upon the MDGs
2013
OWG to develop
proposal on SDGs
2015
UNGA began negotiation
process on the post
2015 development
agenda and adoption of
2030 Agenda for SD
Development is rooted in finance
• Monterrey Consensus of the International Conference on FfD (2002)
• Mobilise domestic financial resources for development
• Mobilise international resources for development: FDI and other private flows
• International trade as an engine for development
• Increasing international financial and technical cooperation for development
• External debt
• Doha Declaration on FfD (2008) – follow up to MC
• Same as for MC
• Addis Ababa Action Agenda of the Third International Conference on FfD
• Domestic public resources
• Domestic and international private business and finance
• International development cooperation
• International trade as an engine for growth
• Debt and debt sustainability
• Science, technology, innovation and capacity building
FfD cont’d
• World Economic Forum
• Global forum for public and private cooperation – shaping global, regional and
industry agendas
• System Initiative on Long Term Investing, Infrastructure and Development;
• Sustainable Development Investment Partnership (SDIP) – developing regional hubs that will
accelerate regional solutions
• Global Future Council on Long Term Investing, Infrastructure and Development – finance for
modernizing infrastructure
• Sovereign Wealth Funds and Strategic Investment – unites strategic investors and supports
institutions to identify how to transform commodity wealth and legacy assets into sustainable
development
• OECD
• European agenda on development through cross border transactions – DTAs
• Targeting private flows for taxation out of the digitalized economy – BEPS project
• Official Development Aid through OECD’s Development Assistance Committee – 0.7%
of GNI
FfD cont’d
• IMF/WB
• Infrastructure financing
• Loan facility
• AfDB
• Providing finance to African governments and private corporations investing
in member countries – focused on fighting poverty and improving living
conditions (socio-economic development)
Blended finance
• Strategic use of development finance and philanthropic finance to
mobilise private capital flows to emerging and frontier markets
Development and finance nexus rooted in
principles
• Universal
• Rules based
• Open
• Transparent
• Predictable
• Inclusive
• Non discriminatory
• Equitable
Importance of:
National ownership of development strategies
Inclusive financial sector
Enabling environment
Expand the reach of private flows to a greater number of developing countries
Fully maintaining ODA commitments by donors
Exploring innovative sources of finance
Debt restructuring
Contextualising
FD in Africa
SDGs
AU Agenda 2063
Agenda 2063 Financing and Resource Mobilisation Strategy
OECD BEPS
Addis Tax Initiative
Addis Ababa Action Agenda
Local Visions and Agendas (Kenya Vision 2030 and Big Four
Agenda)
All that would require an enabling framework
• Laws to be in place (e.g., FDI capture through NIFC)
• Regulations to define the parameters (e.g., StAR, FATF AML)
• Judicial system to be seen to be effective (e.g., Matthew Okwanda
Case)
• Political will
• Budgetary measures
• Sustainable fiscal contract
The crux of it all: the Sustainable Fiscal
Contract
SFC must be attached to a DRM policy
• DRM concerns mobilising sources of revenue through:
• Broadening the tax base
• Identifying additional tax/revenue streams
• Combatting corruption and IFF
• Closing tax loopholes
• Caving in on (aggressive) tax avoidance and evasion
• Strengthening tax compliance and administration
• Re-appraising the efficacy of tax incentives and exemptions
• (Re)negotiating tax treaties
Financing Trends in Developing Countries
(2000-2014)
DRM priority? (reducing health budget)
3.7 3.8 4.1 4.1 3.9
21.28
19.24 18.97 19.16
0
5
10
15
20
25
2013/14 2014/15 2015/16 2016/17 2017/18
Health allocation as a % of total budget Health spending as a % of total budget
Source: Lyla Latif (2018)
Domestic Resource Mobilisation
Public Private
Taxes
Duties
Levies
Service
Charges
National
insurance
Private
insurance
Community
based
financing
Out of pocket
payments
International Resource Mobilisation
Public Private
50:50 on DRM or IRM dependence on
economic/fiscal capacity of a state
For most countries, tax income is the
most important national revenue
source, accounting for 85 percent of
government revenues in high-income
countries of the Organisation for
Economic Co-operation and
Development (OECD), and around 70
percent in developing countries.
However, for a number of countries,
in particular LDCs, other revenues
such as ODA are equally or even
more important, with aid exceeding
tax revenue in countries such as
Liberia and Malawi
Challenges 1/3
Wealth and property are forms of DRM, what is the poverty level? Who are buying properties? What kind of
properties? Should affordable housing be subject to the tax next? High net, what is high net in a country that does
not have the earning power as the OECD, should high net have a different criteria? Anyone earning over 3000?
What constraints can you identify with regard to DRM in your country? (insufficient growth performance,
informality and unemployment, tax losses due to tax optimization, low national savings rate, lack of accessible and
affordable banking systems and underdeveloped capital markets, financial crises, per capita income level, sector
specific economy, MNC tax avoidance, IFF- Rwanda 2008-2012, IFF outflows 20.4% of country’s GDP)
Increase tax base – export taxes?
Challenges 2/3
How can countries increase DRM? (fair tax system? Progressive tax system? Anti trust legislation – breaking up
monopolies, remove tax exemptions) – Uganda, tax system relies heavily on a small number of taxpayers, mostly MNCs
with around 35 top taxpayers accounting for 50% of revenues collected by URA (73) -divest natural resource rents out of
the hands of the politicians – decentralisation/devolution of revenue – Kenya county level fiscal autonomy
Think of DRM – environmental taxes, PPP, global funds – implementation has been either slow or fraught with problems
Do political factors influence resource mobilisation?
Challenges 3/3
DRM require financial resources that are sustainable in economic, social,
environmental and political terms
Mandate – tax bargain- fiscal contract
Negotiation between tax payer and government where the former agree to
comply with tax obligations in exchange for the effective provision of public
services.
PUBLIC RESOURCE
MOBILISATION
Smarter use
of ODA to
catalyse other
finance
resources
Revision or
elimination of
subsidies
Improving
public
expenditure
and financial
accountability
Recovery of
Stolen Assets
Raise voice
against
corruption
Combat IFF
Fiscal
autonomy and
engagement
of local
governments
Tax revenue
and tax
administration
PRIVATE
RESOURCE
MOBILISATION
Local Savings
Pension
Funds
Public
Private
Partnerships
Sovereign
Wealth
Funds
Asset
Managers
Institutional
Investors
FDI
Capital
Markets
DRM and
problem areas
challenging
financial
sustainability
• mobilising revenue (can’t identify, can’t trace)
• securing revenue (corruption, public financial
management loopholes)
• earmarking the revenue (priorities)
Challenges faced in:
• implementing sustainable economic policies aligned with
the mobilisation and use of public resources (SFC)
• sound public financial management
• UK and the Pattiserie Vallerie case/ UK homelessness
case
• corporate accountability within the SDG framework
• CMC Di Ravenna (hydropower and drinking water
projects in Nakuru & Elgeyo Marakwet)
• Green Arava Ltd (Galana and Kulalu irrigation scheme in
Kenya)
Challenges can be countered through:
IFF
Illegal sources earned,
used or transferred
illegally
Illegal sources
earned, used
or transferred
legally
Legal sources
illegally used or
transferred
Funds with criminal origin, such as proceeds of
crime
Funds with a criminal destination, such as bribery,
terrorist financing or conflict financing
Funds associated with tax evasion
Transfers to, by, or for, entities subject to financial
sanctions
Transfers which seek to evade anti money
laundering/counter terrorist financing measures or
other legal requirements (such as transparency or
capital controls)
IFF losses
Organisations Tax Loss Estimates per year
AfDB >USD 1trillion in corporate tax losses since 1980 from Africa
TJN USD 500billion in corporate tax losses globally
IMF Fiscal Affairs Department USD 200billion in corporate tax losses globally
HLP Report USD 50billion in IFF from Africa
ECA USD 100billion through mis-invoicing from Africa
AU USD 67billion in IFF from Africa – of which 5% lost through corruption
DRM from DE
Innovative financing for
development
• Kilimo Salama
• Sukuk
• Blended finance
• As Sadaqa for SMEs
• Digital platform – kiva crowd funding,
pay as you go e-learning (allowing
vulnerable or remote populations to
access educational content digitally and
affordably – see: Eneza Foundation
mobile education platform
• Diaspora bonds – bonds issued by a
country to its own diaspora to tap in
their wealth offshore
Securities & Exchange Commission
Lump sum repayment at maturity
DEVELOPING A
TOOLKIT FOR
CHECKING
PROGRESS ON
FINANCING
FOR
DEVELOPMENT
Operational
principles
Regulatory
architecture
Development
goal
Existing
revenue
streams
Use of private
sector and
communities
Protection of
financial
resources
www.lai-latif.com
@LylaALatif

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Financing Development

  • 1. FINANCING DEVELOPMENT Virtual Lecture University of Nairobi School of Law, Kisumu Campus 2020
  • 2.
  • 3. The Financing Challenge Estimates of the amounts needed to finance the 2030 Agenda are in the range of “trillions, not billions”, to cover global financing gaps of between USD 1.5 trillion per year to USD 2.5 trillion or more. While this amounts to 2 to 3 percent of global gross national income (GNI), the costs of implementing the 2030 Agenda in proportion to the GNI of developing countries (low- and middle income) are far higher. The magnitude of financing requirements at the national level can be illustrated by looking at a subset of the goals related to social protection as defined by each country. Kenya – health shortfall of 242billion. Climate finance, shortfall of 120billion, currently, in debt of a trillion dollars.
  • 4. Historical context Financing for Development: Global policy making 1992 Earth Summit adopted Agenda 21 (global partnership for SD to improve human lives and protect the environment) 2000 Millennium Declaration and MDGs (to reduce extreme poverty by 2015) 2002 Johannesburg Declaration on SD and the Plan of Implementation (commitment to poverty eradication and the environment and emphasized on multilateral partnerships 2012 UN Conference on SD (Rio +20) - outcome document ‘The Future We Want’ – to develop a set of SDGs to build upon the MDGs 2013 OWG to develop proposal on SDGs 2015 UNGA began negotiation process on the post 2015 development agenda and adoption of 2030 Agenda for SD
  • 5. Development is rooted in finance • Monterrey Consensus of the International Conference on FfD (2002) • Mobilise domestic financial resources for development • Mobilise international resources for development: FDI and other private flows • International trade as an engine for development • Increasing international financial and technical cooperation for development • External debt • Doha Declaration on FfD (2008) – follow up to MC • Same as for MC • Addis Ababa Action Agenda of the Third International Conference on FfD • Domestic public resources • Domestic and international private business and finance • International development cooperation • International trade as an engine for growth • Debt and debt sustainability • Science, technology, innovation and capacity building
  • 6. FfD cont’d • World Economic Forum • Global forum for public and private cooperation – shaping global, regional and industry agendas • System Initiative on Long Term Investing, Infrastructure and Development; • Sustainable Development Investment Partnership (SDIP) – developing regional hubs that will accelerate regional solutions • Global Future Council on Long Term Investing, Infrastructure and Development – finance for modernizing infrastructure • Sovereign Wealth Funds and Strategic Investment – unites strategic investors and supports institutions to identify how to transform commodity wealth and legacy assets into sustainable development • OECD • European agenda on development through cross border transactions – DTAs • Targeting private flows for taxation out of the digitalized economy – BEPS project • Official Development Aid through OECD’s Development Assistance Committee – 0.7% of GNI
  • 7. FfD cont’d • IMF/WB • Infrastructure financing • Loan facility • AfDB • Providing finance to African governments and private corporations investing in member countries – focused on fighting poverty and improving living conditions (socio-economic development)
  • 8. Blended finance • Strategic use of development finance and philanthropic finance to mobilise private capital flows to emerging and frontier markets
  • 9. Development and finance nexus rooted in principles • Universal • Rules based • Open • Transparent • Predictable • Inclusive • Non discriminatory • Equitable Importance of: National ownership of development strategies Inclusive financial sector Enabling environment Expand the reach of private flows to a greater number of developing countries Fully maintaining ODA commitments by donors Exploring innovative sources of finance Debt restructuring
  • 10. Contextualising FD in Africa SDGs AU Agenda 2063 Agenda 2063 Financing and Resource Mobilisation Strategy OECD BEPS Addis Tax Initiative Addis Ababa Action Agenda Local Visions and Agendas (Kenya Vision 2030 and Big Four Agenda)
  • 11. All that would require an enabling framework • Laws to be in place (e.g., FDI capture through NIFC) • Regulations to define the parameters (e.g., StAR, FATF AML) • Judicial system to be seen to be effective (e.g., Matthew Okwanda Case) • Political will • Budgetary measures • Sustainable fiscal contract
  • 12. The crux of it all: the Sustainable Fiscal Contract
  • 13. SFC must be attached to a DRM policy • DRM concerns mobilising sources of revenue through: • Broadening the tax base • Identifying additional tax/revenue streams • Combatting corruption and IFF • Closing tax loopholes • Caving in on (aggressive) tax avoidance and evasion • Strengthening tax compliance and administration • Re-appraising the efficacy of tax incentives and exemptions • (Re)negotiating tax treaties
  • 14. Financing Trends in Developing Countries (2000-2014)
  • 15. DRM priority? (reducing health budget) 3.7 3.8 4.1 4.1 3.9 21.28 19.24 18.97 19.16 0 5 10 15 20 25 2013/14 2014/15 2015/16 2016/17 2017/18 Health allocation as a % of total budget Health spending as a % of total budget Source: Lyla Latif (2018)
  • 16. Domestic Resource Mobilisation Public Private Taxes Duties Levies Service Charges National insurance Private insurance Community based financing Out of pocket payments
  • 18. 50:50 on DRM or IRM dependence on economic/fiscal capacity of a state For most countries, tax income is the most important national revenue source, accounting for 85 percent of government revenues in high-income countries of the Organisation for Economic Co-operation and Development (OECD), and around 70 percent in developing countries. However, for a number of countries, in particular LDCs, other revenues such as ODA are equally or even more important, with aid exceeding tax revenue in countries such as Liberia and Malawi
  • 19. Challenges 1/3 Wealth and property are forms of DRM, what is the poverty level? Who are buying properties? What kind of properties? Should affordable housing be subject to the tax next? High net, what is high net in a country that does not have the earning power as the OECD, should high net have a different criteria? Anyone earning over 3000? What constraints can you identify with regard to DRM in your country? (insufficient growth performance, informality and unemployment, tax losses due to tax optimization, low national savings rate, lack of accessible and affordable banking systems and underdeveloped capital markets, financial crises, per capita income level, sector specific economy, MNC tax avoidance, IFF- Rwanda 2008-2012, IFF outflows 20.4% of country’s GDP) Increase tax base – export taxes?
  • 20. Challenges 2/3 How can countries increase DRM? (fair tax system? Progressive tax system? Anti trust legislation – breaking up monopolies, remove tax exemptions) – Uganda, tax system relies heavily on a small number of taxpayers, mostly MNCs with around 35 top taxpayers accounting for 50% of revenues collected by URA (73) -divest natural resource rents out of the hands of the politicians – decentralisation/devolution of revenue – Kenya county level fiscal autonomy Think of DRM – environmental taxes, PPP, global funds – implementation has been either slow or fraught with problems Do political factors influence resource mobilisation?
  • 21. Challenges 3/3 DRM require financial resources that are sustainable in economic, social, environmental and political terms Mandate – tax bargain- fiscal contract Negotiation between tax payer and government where the former agree to comply with tax obligations in exchange for the effective provision of public services.
  • 22. PUBLIC RESOURCE MOBILISATION Smarter use of ODA to catalyse other finance resources Revision or elimination of subsidies Improving public expenditure and financial accountability Recovery of Stolen Assets Raise voice against corruption Combat IFF Fiscal autonomy and engagement of local governments Tax revenue and tax administration
  • 24. DRM and problem areas challenging financial sustainability • mobilising revenue (can’t identify, can’t trace) • securing revenue (corruption, public financial management loopholes) • earmarking the revenue (priorities) Challenges faced in: • implementing sustainable economic policies aligned with the mobilisation and use of public resources (SFC) • sound public financial management • UK and the Pattiserie Vallerie case/ UK homelessness case • corporate accountability within the SDG framework • CMC Di Ravenna (hydropower and drinking water projects in Nakuru & Elgeyo Marakwet) • Green Arava Ltd (Galana and Kulalu irrigation scheme in Kenya) Challenges can be countered through:
  • 25.
  • 26. IFF Illegal sources earned, used or transferred illegally Illegal sources earned, used or transferred legally Legal sources illegally used or transferred Funds with criminal origin, such as proceeds of crime Funds with a criminal destination, such as bribery, terrorist financing or conflict financing Funds associated with tax evasion Transfers to, by, or for, entities subject to financial sanctions Transfers which seek to evade anti money laundering/counter terrorist financing measures or other legal requirements (such as transparency or capital controls)
  • 27. IFF losses Organisations Tax Loss Estimates per year AfDB >USD 1trillion in corporate tax losses since 1980 from Africa TJN USD 500billion in corporate tax losses globally IMF Fiscal Affairs Department USD 200billion in corporate tax losses globally HLP Report USD 50billion in IFF from Africa ECA USD 100billion through mis-invoicing from Africa AU USD 67billion in IFF from Africa – of which 5% lost through corruption
  • 29.
  • 30.
  • 31.
  • 32. Innovative financing for development • Kilimo Salama • Sukuk • Blended finance • As Sadaqa for SMEs • Digital platform – kiva crowd funding, pay as you go e-learning (allowing vulnerable or remote populations to access educational content digitally and affordably – see: Eneza Foundation mobile education platform • Diaspora bonds – bonds issued by a country to its own diaspora to tap in their wealth offshore
  • 33. Securities & Exchange Commission Lump sum repayment at maturity
  • 34. DEVELOPING A TOOLKIT FOR CHECKING PROGRESS ON FINANCING FOR DEVELOPMENT Operational principles Regulatory architecture Development goal Existing revenue streams Use of private sector and communities Protection of financial resources