A/HRC/43/36
I. Introduction
1.
In its resolution 40/3, the Human Rights Council requested the Office of the United
Nations High Commissioner for Human Rights (OHCHR) to organize a biennial panel
discussion, in accordance with Council resolution 27/21, on the issue of unilateral coercive
measures and human rights. Also in its resolution 40/3, the Council requested the Special
Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of
human rights to act as rapporteur for the panel discussion and to prepare a report thereon,
and to submit and present the report to the Council at its forty-third session. Due to illness
and the subsequent resignation of the Special Rapporteur, OHCHR submits the present
report to the Council pursuant to the request contained in its resolution 40/3.
2.
The biennial panel discussion, entitled “The way forward to a United Nations
declaration on the negative impact of unilateral coercive measures on the enjoyment of all
human rights, including the right to development”, was held on 12 September 2019. Its
objectives were to facilitate an exchange of views and experiences among all stakeholders,
including Member States, academic and civil society organizations and United Nations
human rights mechanisms, on the impact of unilateral coercive measures on the enjoyment
of human rights.
3.
Participants in the panel discussion considered the way forward towards a United
Nations declaration on the negative impact of unilateral coercive measures on the
enjoyment of all human rights, including the right to development. The updated set of
elements prepared by the Special Rapporteur pursuant to Human Rights Council resolution
37/21 were also considered (A/HRC/42/46/Add.1). In addition, participants followed up on
the recommendations arising from the previous panel discussions and workshops held in
2013–2015 and 2017, in pursuance of Council resolutions, and contained in the report of
the Human Rights Council Advisory Committee (A/HRC/28/74).
4.
The panel was chaired by the President of the Human Rights Council and moderated
by the Permanent Representative of the Bolivarian Republic of Venezuela to the United
Nations Office and other international organizations in Geneva, Jorge Valero. The
panellists were: Professor of International Law, Belarusian State University (Belarus),
Alena Douhan; Professor and Deputy Vice Chancellor for Industry, Community and
Alumni at Universiti Teknologi MARA (Malaysia), Rahmat Mohamad; and member of the
Human Rights Council Advisory Committee (Switzerland), Jean Ziegler.
II. Opening of the panel discussion
5.
In her opening remarks, the Director of the OHCHR Thematic Engagement, Special
Procedures and Right to Development Division, Peggy Hicks, stressed the need, in the
context of a rise in populism and radical extremism and the increasing threat to
multilateralism, to examine the role of sanctions in addressing human rights violations. In
that regard, she also recalled the Vienna Declaration and Programme of Action, in which
States had been urged to refrain from taking any unilateral measure that was not in
accordance with international law and the Charter of the United Nations. Despite that basic
premise, for nearly three decades since the adoption of the Vienna Declaration, Member
States had been divided as to the legality and effectiveness of unilateral coercive measures
as a means to promote and protect human rights.
6.
Ms. Hicks stated that many States had raised concerns about the possible adverse
impact of such measures for the full realization of the enjoyment of many fundamental
rights and freedoms. States had also expressed concern regarding the impact of unilateral
coercive measures on their ability to implement the Sustainable Development Goals by
2030.
7.
Other States regarded sanctions as a critical element of their foreign policy toolbox
to counter impunity for human rights violations. They argued that, if used appropriately,
they could help ensure greater respect for human rights and fundamental freedoms by both
State and non-State actors.
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