A/HRC/33/48
effect to its decision and recommendations. The decisions of the Committees under the
communication procedure cannot be appealed.
43.
As regards remedies and redress, although a Committee may render a decision as to
remedial action to be taken by the State, such as compensation to the victim(s), their
decisions are not legally binding on the State. Modalities on follow-up to the Committee’s
recommendations are set out in the Optional Protocols to the Covenants. For example, as
regards communications under the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights, the State party concerned must submit a response
within six months on the measures taken to give effect to the Committee’s
recommendations. The Committee may also request the State party to submit information in
its subsequent periodic report on any measures taken to respond to the Committee’s
recommendations.41
44.
A case relating to sanctions imposed by the United Nations was brought before the
Human Rights Committee under the Optional Protocol to the International Covenant on
Civil and Political Rights.42 Two Belgian nationals, whose names were placed on the
United Nations Sanctions Committee list in early 2003 at the initiative of Belgium,
submitted a communication to the Committee, claiming that through its proposal to place
their names on the Sanctions Committee list without “relevant information” and through the
subsequent imposition of sanctions, Belgium had violated several provisions of the
Covenant, including the right to a fair trial and effective remedy (arts. 2 (3) and 14) and the
right to liberty of movement (art. 12). The Committee found that it was competent “to
admit a communication alleging that a State party had violated rights set forth in the
Covenant, regardless of the source of the obligation implemented by the State party”,
irrespective of the fact that the listing was effected at the request of Belgium by the
Sanctions Committee further to Security Council resolution 1267. The Committee ruled
that Belgium had violated the relevant rights protected under the Covenant.
45.
In the light of the foregoing, the Special Rapporteur considers that the Committees
established under the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights are a fortiori competent to
address claims relating to the legality of unilateral coercive measures and to recommend
remedies for victims thereof.
Special procedures of the Human Rights Council
46.
Complaints based on violations of human rights through the imposition of unilateral
coercive measures may also be submitted to the special procedures of the Human Rights
Council. In this context, individuals or groups subject to unilateral coercive measures may
bring allegations to the attention of the Special Rapporteur on the negative impact of
unilateral coercive measures on the enjoyment of human rights who is empowered to act on
individual cases by sending communications to the State(s) concerned in order to bring
alleged violations and abuses to their attention. Communications may also be addressed to
other special procedures, insofar as their mandate is of relevance to aspects of
infringements of human rights related to the imposition of unilateral coercive measures.
However, while States are expected to be accountable for national measures that have an
adverse human rights impact on their domestic population, legal considerations alone are
41
42
12
See the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights,
art. 9 (3).
See Communication No. 1472/2006, Sayadi and Vinck v. Belgium, Views adopted on 29 December
2008.
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