Advocates for More Inclusive Decision-Making in Global Tax Policy
The Bahamas Seeks to Prevent Unfair Blacklisting and to Increase Access to Innovative Financing Mechanisms

Attorney General Ryan Pinder represented The Bahamas on the Ad Hoc Committee to Draft Terms of Reference for a United Nations Framework Convention on International Tax Cooperation and was the Caribbean representative from The Group of Latin America and Caribbean Countries on the Bureau of the Ad Hoc Committee which formulated the framework for the Terms of Reference. Today the Ad Hoc Committee, after three negotiation sessions, approved the Terms of Reference for a United Nations Framework Convention on International Tax Cooperation.

The Bahamas advocated for several key items to be included in the Terms of Reference to ensure they are addressed in the negotiations for the United Nations Framework Convention on International Tax Cooperation (the “Convention”). These are important national interest issues for The Bahamas. Specifically negotiated positions include:

• Ensuring a key principle of the Convention is that it is universal in approach and scope and should fully consider the different needs, priorities, and capacities of countries in special situations, which includes Small Island Developing States.
  
• Ensure that the Convention addresses the connection between environmental concerns and global tax policy by:
  
  • Ensuring as a principle that the Convention take a holistic, sustainable development perspective that covers in a balanced and integrated manner economic, social and environmental policy aspects;
    
  • A Commitment that the Convention includes international tax cooperation approaches that will contribute to the achievement of sustainable development in its three dimensions, economic, social and environmental; and
    
  • Providing that a Protocol under the Convention should include tax cooperation on environmental challenges.
    
• A key principle of the Convention is to ensure the pursuit of international tax cooperation is aligned with States’ obligations under international human rights law. This would allow to argue for the protection of The Bahamas' right to development in the context of global tax rules. This is an important element in our fight against unilateral blacklists.
  
• A commitment of the Convention and a protocol under the Convention to address effective prevention and resolution of tax disputes. This is an important commitment and protocol to ensure the use of unilateral blacklists as a dispute resolution are not accepted under the Convention.

• In passing United Nations resolution 78/230, “Promotion of inclusive and effective international tax cooperation at the United Nations,” the General Assembly emphasized that developing a United Nations framework convention on international tax cooperation is needed to strengthen international tax cooperation and make it fully inclusive and more effective.

  Approving the Terms of Reference is a first step to achieving this goal.

  The Bahamas applauds the United Nations process for establishing a United Nations Framework Convention on International Tax Cooperation. This is the first time that global tax rules will be created in an environment of inclusiveness where all countries have equal voice and footing. The interests and voice of the Global South have been heard in this process of agreeing on Terms of Reference, and we look to the continued involvement of The Bahamas in the committee to draft the United Nations Framework Convention on International Tax Cooperation