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Background Study on the Operations of the Extractive Industries Sector In
DRAFT STUDY FOR PUBLIC CONSULTATION ON 24 OCTOBER 2019 ONLY Background Study on the Operations of the Extractive Industries Sector in Africa and its Impacts on the Realisation of Human and Peoples’ Rights under the African Charter on Human and Peoples’ Rights 1 DRAFT STUDY FOR PUBLIC CONSULTATION ON 24 OCTOBER 2019 ONLY Table of Contents Preface…………………………………………………………………………………… Executive Summary…………………………………………………………………… Acronyms……………………………………………………………………………… PART I: INTRODUCTION………………………………………………………… A. Background…………………………………………………………………………. B. Scope of the Study and Methodology……………………………………………. C. Defining Extractive Industries………………………………………………………… D. Report Outline……………………………………………………………………… PART II: THE CHALLENGES RESULTING FROM EXTRACTIVE INDUSTRIES ON THE AFRICAN CONTINENT AND MAIN CONTRIBUTING FACTORS ………….. A. Main challenges resulting from extractive industries in Africa ……………… 1 Bad governance, illicit financial flows and underdevelopment 2 Impacts of extractive industries on the environment 3 Extractive industries and conflicts in Africa 4 Extractive industries and human rights violations in Africa i. Direct violations ii. Indirect violations iii. Vulnerable groups iv. Human rights violations in the context of artisanal and small scale mining B. Main factors underlying human rights violations in the extractive industries… 1 Africa as origin but not beneficiary of its resources 2 The power imbalances in the international political economy 3 The lack of effective regulatory frameworks at the level of African States C. The mandate of the WGEI PART III: THE AFRICAN HUMAN RIGHTS SYSTEM AND EXTRACTIVE INDUSTRIES…………………………………………………………………… A. The African Charter on Human and Peoples' Rights 1 Peoples’ Rights: a. Article 21: Right to free disposal of wealth and natural resources b. Article 24: The right to a satisfactory environment c. Article 22: The right to development 2 Individual Rights: a. -
Endless Corporate Tax Scandals?
OXFAM MEDIA BRIEFING JULY 2019 ENDLESS CORPORATE TAX SCANDALS? Oxfam’s 5-point plan to build a fairer global tax system When multinational corporations and the super-rich use tax havens to avoid paying their fair share, it is ordinary people, and especially the poorest, who pay the price. The Mauritius Leaks show that tax havens continue not only to exist but to prosper, despite government promises to rein in tax dodging. This briefing lists five steps governments can take to tackle tax avoidance, and end the era of tax havens and the race to the bottom on corporate taxation. TAX HAVENS ARE FUELLING AFRICA’S INEQUALITY CRISIS Mauritius Leaks1 reveals how multinational corporations are gaming the system to shrink their tax bills, and in doing so are cheating poor countries across Africa out of the vital revenue to which they are entitled to address poverty and invest in healthcare, education, agriculture and jobs. Tax havens like Mauritius are fuelling Africa’s inequality crisis by enabling multinationals and super-rich individuals to dodge paying their fair share of tax. Developing countries lose an estimated $100bn a year in tax revenue as a result of tax dodging by multinational corporations, and even more as a result of the harmful tax competition between countries. Although data are hard to come by, the New World Wealth (which publishes the AfrAsia Bank Africa Wealth Report) says it is likely that African multi-millionaires and billionaires have hidden up to three-quarters of their wealth offshore.2 Because of this, it is estimated that African countries are losing $14bn annually in uncollected tax revenue.3 www.oxfam.org African countries give away billions of dollars to multinationals through tax dodging and wasteful tax incentives. -
1 Executive Summary Mauritius Is an Upper Middle-Income Island Nation
Executive Summary Mauritius is an upper middle-income island nation of 1.2 million people and one of the most competitive, stable, and successful economies in Africa, with a Gross Domestic Product (GDP) of USD 11.9 billion and per capita GDP of over USD 9,000. Mauritius’ small land area of only 2,040 square kilometers understates its importance to the Indian Ocean region as it controls an Exclusive Economic Zone of more than 2 million square kilometers, one of the largest in the world. Emerging from the British colonial period in 1968 with a monoculture economy based on sugar production, Mauritius has since successfully diversified its economy into manufacturing and services, with a vibrant export sector focused on textiles, apparel, and jewelry as well as a growing, modern, and well-regulated offshore financial sector. Recently, the government of Mauritius has focused its attention on opportunities in three areas: serving as a platform for investment into Africa, moving the country towards renewable sources of energy, and developing economic activity related to the country’s vast oceanic resources. Mauritius actively seeks investment and seeks to service investment in the region, having signed more than forty Double Taxation Avoidance Agreements and maintaining a legal and regulatory framework that keeps Mauritius highly-ranked on “ease of doing business” and good governance indices. 1. Openness To, and Restrictions Upon, Foreign Investment Attitude Toward FDI Mauritius actively seeks and prides itself on being open to foreign investment. According to the World Bank report “Investing Across Borders,” Mauritius has one of the world’s most open economies to foreign ownership and is one of the highest recipients of FDI per capita. -
Press Release
PRESS RELEASE 23 July 2019 The Mauritius Leaks have once again revealed the devastating impact of tax avoidance. ICRICT calls for multilateral accord to overhaul the international tax system, the end of tax havens, the adoption of a minimum global tax and the creation of a Global Asset Registry The Mauritius Leaks have once again highlighted how rich and powerful corporations and the super-rich skirt paying taxes, whether legally or illegally. The schemes are the same, as already revealed by anonymous sources through the International Consortium of Investigative Journalists the Panama Papers, Paradise Papers, Malta Files, Luxleaks, SwissLeaks, among others. This is the latest in a series of leak that demonstrate how broken the current international tax system is. Why Mauritius? Mauritius built its position as an offshore financial centre on being a hub for tax avoidance. First it enabled multinationals to avoid capital gains tax in India. Then it created schemes to offer multinationals a low rate (3%) on income they could attribute to their subsidiaries in Mauritius supposedly for providing services to related entities in other countries, especially in Africa, with which it negotiated tax treaties. Mauritius has an extensive set of tax treaties with African countries, ensuring that investment made in African countries (profits/capital gains on investments) can be routed via Mauritius to rich countries with no/little taxes paid. No capital gains tax, no inheritance tax, wealth or gift tax, no Controlled Foreign Companies legislation, no transfer pricing rules or thin capitalization rules, no withholding tax on dividends, interest and royalty payments, you name Mauritius doesn’t have it, no wonder it has been used so extensively as a tax haven hub to take money out of Africa and India. -
1. 'Mauritius Leaks' and Need for Tax Reforms
EDITORIAL 03RD SEPTEMBER 2019 1. ‘Mauritius Leaks’ and Need for Tax Reforms Context: In July 2019, the International Consortium of International Journalists published over 200,000 confidential documents from the offices of Conyers Dill & Pearman, a Bermuda- based law firm that allegedly aids large Western businesses to set up letterbox companies in Mauritius aimed at making tax-motivated investments in Africa and Asia. The leak has reignited the debate on multinational tax avoidance and how businesses use tax-friendly jurisdictions to channel funds from one country to another in order to minimise their overall corporate tax liability. The ‘Mauritius Leaks’ comprise names of some of the most popular brands in India and globally. What is BEPS? Base erosion and profit shifting refers to the phenomenon where companies shift their profits to other tax jurisdictions, which usually have lower rates, thereby eroding the tax base in India. Treaty Shopping: In Treaty shopping, a resident of a third country invests by taking advantage of a fiscal treaty between India and another contracting state. This has greatly contributed in encouraging FDI in the country but has been a medium of tax evasion. The Supreme Court has also noted in the Azadi Bachao Andolan case that treaty shopping opportunities could be an additional factor to attract such investments. The roots of the Treaty shopping are in the inconsistencies among international tax regimes. If there is a dissimilarity of tax systems, it can lead to distortion of investment flows. The underlying principle of bilateral tax treaties, i.e. the principle of reciprocity is impeded when a third-country resident derives benefits from a treaty intended to serve only the interests of residents of the two treaty partners. -
Trapped in Illicit Finance: How Abusive Tax and Trade Practices Harm Human Rights
Trapped in Illicit Finance How abusive tax and trade practices harm human rights September 2019 FTC Logo here 2 Trapped in Illicit Finance: How abusive tax and trade practices harm human rights Authors Dr Matti Kohonen (lead author), Abena Yirenkyiwa Afari, Prof Attiya Waris, Marcos Lopes-Filho, Mike Lewis, Neeti Biyani, Sakshi Rai, Tomás Julio Lukin, Dr Uddhab Pyakurel Acknowledgements Thanks to Alvic Padilla, Felix Ngosa, Marianna Leite, Robert Ssuuna, Sorley McCaughey, Toby Quantrill, and Tomilola Ajayi for their expert advice. This report was produced through the membership of Christian Aid, Centre for Budget Governance Accountability – CBGA, and Fundacion SES of the Financial Transparency Coalition, FTC, a global civil society network working to curtail illicit financial flows through the promotion of a transparent, accountable and sustainable financial system that works for everyone. This report reflects the views of Christian Aid, CBGA and Fundacion SES and is not intended to represent the positions of other members of the FTC. Christian Aid exists to create a world where everyone can live a full life, free from poverty. We are a global movement of people, churches and local organisations who passionately champion dignity, equality and justice worldwide. We are the changemakers, the peacemakers, the mighty of heart. caid.org.uk Contact us Christian Aid 35 Lower Marsh Waterloo London SE1 7RL T: +44 (0) 20 7620 4444 E: [email protected] W: caid.org.uk UK registered charity no. 1105851 Company no. 5171525 Scot charity no. SC039150 NI charity no. XR94639 Company no. NI059154 ROI charity no. CHY 6998 Company no. 426928 The Christian Aid name and logo are trademarks of Christian Aid © Christian Aid September 2019 Trapped in Illicit Finance: How abusive tax and trade practices harm human rights 3 Contents Cover: Part of the mining operation of Mineração Rio do Norte, a Brazilian company (with international shareholders Foreword 4 including the British-Australian company BHP Billiton). -
India Mauritius Treaty Renegotiation
India Mauritius Treaty Renegotiation someErnesto prohibiter remains or magenta: navigating she spookily. peptonised her hypanthiums evite too furtively? Recessed Kendal tussle militarily. Intransitive Hamnet usually bedimming Suzanne gujadhur bell, albeit prima facie management solution known to the emergence of shares was largely on your browser as tax treaties have been included The test of residence mentioned above would also confide in respect of debate from capital gains on dent of shares. It is this easy quickly develop completely new future for any mobile application. How right the Indian government respond so the decision? The amendments made whole the India Mauritius DTAA through this protocol. In addition to the definition of the PE concept itself, tax treaties provide guidance on the allocation of profits between the PE and the foreign company. Mauritius has weight the African continent. Catherine ngina mutava, as to renegotiate may help? Us fdi was intended by foreign investment income in addition, we look for collection. DC treaty partners agree on this issue. Fast forward to mauritius and promotion and out mauritius vendors as per mauritius would include more easily in? However, this both is modified to twelve months in vision instance of listed shares and twentyfour months in first instance of unlisted equity shares. Africa is by future and you have stake their future on stealing African country revenues. These protections will translate into india under most experts say how many ways to monitor investments made in april to readers are covered under selective situations similar items. How mauritius treaty renegotiation of india is a full access to target even peripheral service companies have acquired a century has. -
Fifth National Assembly
1 No. 11 of 2010 FIFTH NATIONAL ASSEMBLY PARLIAMENTARY DEBATES (HANSARD) FIRST SESSION TUESDAY 10 AUGUST 2010 CONTENTS 2 PAPERS LAID QUESTIONS (Oral) MOTIONS SUSPENSION OF S.O. 10 (2) GOVERNMENT PROGRAMME 2010-2015 ADJOURNMENT QUESTIONS (Written) 3 Members Members THE CABINET (Formed by Dr. the Hon. Navinchandra Ramgoolam) Dr. the Hon. Navinchandra Ramgoolam, GCSK, FRCP Prime Minister, Minister of Defence, Home Affairs and External Communications Dr. the Hon. Ahmed Rashid Beebeejaun, GCSK, FRCP Deputy Prime Minister, Minister of Energy and Public Utilities Hon. Charles Gaëtan Xavier-Luc Duval, GCSK Vice-Prime Minister, Minister of Social Integration and Economic Empowerment Hon. Pravind Kumar Jugnauth Vice-Prime Minister, Minister of Finance and Economic Development Hon. Anil Kumar Bachoo Minister of Public Infrastructure, National Development Unit, Land Transport and Shipping Dr. the Hon. Arvin Boolell Minister of Foreign Affairs, Regional Integration and International Trade Dr. the Hon. Abu Twalib Kasenally, FRCS Minister of Housing and Lands Hon. Mrs Sheilabai Bappoo, GOSK Minister of Gender Equality, Child Development and Family Welfare Hon. Nandcoomar Bodha Minister of Tourism and Leisure Dr. the Hon. Vasant Kumar Bunwaree Minister of Education and Human Resources Hon. Satya Veryash Faugoo Minister of Agro-Industry and Food Security Hon. Showkutally Soodhun Minister of Industry and Commerce Hon. Devanand Virahsawmy, GOSK Minister of Environment and Sustainable Development Dr. the Hon. Rajeshwar Jeetah Minister of Tertiary Education, Science, Research and Technology Hon. Satyaprakash Ritoo Minister of Youth and Sports Hon. Mrs Leela Devi Dookun-Luchoomun Minister of Social Security, National Solidarity and Reform Institutions Hon. Louis Hervé Aimée Minister of Local Government and Outer Islands Hon. -
2014 Annual Report
2014 ANNUAL REPORT Report and financial statements For year ending 31 December 2014 BCA ANNUAL REPORT 2014 PAGE 1 Table of Contents OFFICERS ....................................................................................................................................................... 2 ADMINISTRATION .......................................................................................................................................... 2 FROM THE PRESIDENT AND CHAIR OF DEVELOPMENT ................................................................................... 3 2014 BCA COUNCIL REPORT ........................................................................................................................... 4 INTRODUCTION ......................................................................................................................................... 4 MEMBERSHIP ............................................................................................................................................ 5 REGIONS & OPERATION structures............................................................................................................. 5 DEVELOPMENT .......................................................................................................................................... 6 GOVERNANCE ............................................................................................................................................ 7 2014 BCA COMMITTEES ............................................................................................................................ -
Mauritius Final Long Form 2020
Mauritius - Threat Assessment - 2020 Page 1 of 33 Modern Slavery: The 2018 GSI Index: 47/51 Mauritius � African countries, with just 1,000 modern day slaves, and an incidence of under 1/1000 Section 1 - Executive Summary people and a “CCC” response. US Trafficking in Persons Tier 2 rating. Grey Lists: Mauritius is listed by FATF, & is proposed by the EU on their “Grey” list. Sanctions & Terrorism: There are no sanctions Mauritius is not listed by the US as a “Country against the country. Mauritius is a Tier 3 (lowest of Primary Concern” in respect of ML & FC. threat) PPI 2019 (Proliferation) Index Country with a “High” response score of 497/1,300. NRA: Mauritius has published its National Risk Mauritius has a “zero” impact (score 0/10) in Assessment in 2019. According to the NRA, Global Terrorism Index 2019. Mauritius is not the overall ML risk is Medium - High, based on included in US Country Reports on Terrorism. a threat level rated Medium - High and a ML vulnerability rating of Medium - High. The main Response & Resilience: FATF MER 4th round proceeds generating crimes were from drug results by ESAAMLG were 83/100 for technical trafficking, fraud, illegal bookmaking, high- compliance (40 Recommendations) & 12/100 value theft/robbery, tax crimes and corruption. for effectiveness (11 Outcomes). Mauritius The main threats externally affecting Mauritius scored 6.42/10 for resilience (High), ranked originated from fraud (including tax fraud) and 2/54 for Africa in the OC Index. proceeds from corruption. Indices: Mauritius scored 89/100 and was Organised Crime: According to the OC Index, rated “free” in the 2019 Freedom in the World Low Criminality - High Resilience. -
Abstract Speculative Urbanism and the Urban
ABSTRACT SPECULATIVE URBANISM AND THE URBAN PLANNING PROCESS IN NAIROBI KENYA: A CASE STUDY OF THE SOUTHERN BYPASS by Topista Nafula Barasa Foreign direct investment into the global periphery funds most of the large-scale infrastructural projects. The presence of foreign investments activates local capital invested in real estate, leading to urban transformation. Domestic investors' speculation in the land for urban production has created a new type of urbanism, termed speculative urbanism. The Nairobi Southern Bypass, Kenya, is a transportation infrastructure that brought forth land-use changes. This research has three objectives. First, it aims to determine changes that have occurred before, during, and after its construction. Second, the processes contributing to these changes, and third, what the transformations mean to Kenya's urban development. The analysis of interviews with real estate developers and planners fulfills the second and third objectives. Results from Google Earth Pro images (2002-2010-2018) of the four residential developments serving as case studies depict urban transformations that have occurred. A review of interviews reveals the availability of local capital investments into real estate by local capitalists. The land records indicate the privatization of land by the state and investors' financialization of the land for urban production. Further, the speculative urbanism framework partially unveils the changing urban morphology. Three recommendations provide a way forward for urban development and future studies. SPECULATIVE URBANISM AND THE URBAN PLANNING PROCESS IN NAIROBI KENYA: A CASE STUDY OF THE SOUTHERN BYPASS Thesis Submitted to the Faculty of Miami University in partial fulfillment of the requirements for the degree of Master of Arts Geography by Topista Nafula Barasa Miami University Oxford, Ohio 2021 Advisor: Ian E.A Yeboah (Professor) Reader: David L. -
Weekly IBA Africa
Weekly Africa Legal News Watch Issue no:875 IBA - The global voice of the legal profession. Monday 01 June 2020 View in browser Not a subscriber? Today's Headlines Subscription is FREE. Register here Regional News: Former first lady’s bail revoked Graft accused blamed for economic woes CLICK TO UNSUBSCRIBE Tensions soar after Chinese nationals murdered Africa International: Deep divisions over graft-accused AfDB boss • Visit the Legalbrief Africa site Senegal scraps ‘unbalanced' Mauritius treaty • Contact Us • Advertise with Us Top Rwandan genocide suspect denies any role • About IBA General: Bowmans expands its Africa footprint • IBA Membership Uganda sued over Lake Victoria flooding • International Practice Diploma (Distance Police target lockdown violators Learning) • Terms & Conditions Africa Analyses: Expat backlash reshapes Chinese perceptions How conspiracy theory gained traction Arrest of genocide fugitive brings some closure Africa Focus Criminal: A tale of three tragedies … ‘I will code what I really want to say to Donald Trump. It's two words … it begins with “f” and it ends with “you”.’ – Chicago Mayor Lori Lightfoot Quotes of the Week 16 June 1976: 13-year-old Hector Peterson is shot dead by police in Soweto 'The murder of George Floyd in and a full-blown revolution to end Apartheid begins. Minneapolis has sent a wave of grief and anger around the world. The US was built on African 17 December 2010: The self-immolation of Tunisian Mohamed Bouazizi who slavery and indigenous genocide had his fruit confiscated by a municipal inspector was the catalyst for the and remains a fundamentally escalation of protests that spread across the Middle East and became known racist country.' as the Arab Spring.