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. 2