A/HRC/43/36
56.
Many participants stated that only the Security Council should have the right to
impose economic, financial and other non-forcible measures on States or individuals for the
purpose of giving effect to its decisions. Delegates pointed out that unilateral coercive
measures violated the Charter of the United Nations and the principles enshrined in the
Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the United Nations. Some
delegates drew attention to the fact that even the sanctions applied pursuant to decisions of
the Security Council were considered means of last resort, to be used in extreme cases.
57.
Many participants emphasized that unilateral coercive measures had
disproportionate and discriminatory effects on vulnerable groups, which deserved more
attention from States and the Human Rights Council. Among those especially affected by
unilateral coercive measures were women, children, the elderly, persons with disabilities,
indigenous peoples, members of ethnic and religious minorities, peasants and the poor.
Unilateral coercive measures that required the extraterritorial application of the laws of the
source country and that imposed secondary sanctions for non-compliance were unlawful
under international law. Moreover, unilateral sanctions that were intended to fill the
protection gap or deter human rights violations by targeting perpetrators were inefficient
and counterproductive, as the alleged perpetrators they were intended to affect often
became more entrenched in their ways.
58.
Some participants said that unilateral coercive measures were tools in the hands of
the powerful. They allowed more developed countries to apply pressure on developing and
least developed countries with economic and political regimes that did not enjoy their
approval. They violated general international law, as they constituted interference in the
self-determination of peoples and in their right to decide their own economic and political
systems. Such coercive measures were not only unilateral but also unidirectional, as they
were used by powerful States against weaker States. The representative of one delegation
described them as “non-military measures to put pressure on countries”, and drew a parallel
between the laws governing armed conflicts to protect civilians and the need to protect the
human rights, including the right to development, of the persons and peoples affected by
unilateral coercive measures.
59.
Other participants regarded unilateral coercive measures as a hindrance to the
achievement of the Sustainable Development Goals. The Human Rights Council and the
General Assembly had adopted resolutions, reflecting the absolute majority of Member
States, condemning such measures. In line with those resolutions, the participants urged all
States to refrain from imposing unilateral coercive measures and remove any such measures
currently in force as they were contrary to the Charter and to the norms and principles
governing peaceful relations among States at all levels. It was recalled that such measures
prevented the full realization of the economic and social development of nations while also
affecting the full realization of human rights.
60.
Participants urged States to refrain from adopting unilateral coercive measures in
every case. Many also called for those in a position to do so to take measures to prevent
third States from taking unilateral coercive measures, in violation of international human
rights law. Such measures were not conducive to the effective implementation of the
Vienna Declaration and Programme of Action or the Sustainable Development Goals.
61.
Some participants proposed making the topic of unilateral coercive measures and
related issues an intrinsic part of the work of all the mechanisms of the Human Rights
Council, both the treaty-based mechanisms and the Charter-based mechanisms. The
universal periodic review process should be used to address violations of human rights
caused by unilateral coercive measures.
IV. Conclusions
62.
In their concluding remarks, the panellists stressed that unilateral coercive
measures taken against a State or against certain sectors of its economy, thereby
causing a disproportional adverse impact on the population, constituted collective
punishment, were contrary to international law and should be prohibited. Unilateral
coercive measures often violated a wide array of human rights, in particular the rights
to life, to freedom of movement, to privacy, to a fair trial and due process, to the
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