A/HRC/27/32
public officials often embezzled funds, which were then transferred abroad. Targeted
sanctions against corrupt officials, in particular politically exposed persons, could help to
close loopholes, combat corruption and end impunity. Such measures could include denial
of entry, which, unlike a travel ban, was normally within the jurisdiction of States. In its
anti-corruption action plan adopted in 2010, the Group of 20 urged its members to adopt ad
hoc denial-of-entry policies, legal frameworks and enforcement measures, and to cooperate
in that area. A lack of publicly available information made it difficult to monitor and hold
Governments to account for proper implementation, and the compliance rate among G-20
countries was low. Another tool which might put corrupt officials under pressure was the
temporary freezing of economic resources to prevent their use and transfer. That would
require greater transparency and information sharing in banking, as well as procedural
guarantees against abuse. In conclusion, Ms. Kühn stated that targeted measures could be a
powerful tool against corrupt individuals that might avoid the negative human rights
impacts of other unilateral coercive measures. She pointed to the need for common
standards and objective criteria for targeted unilateral coercive measures, the need to
respect proportionality, and the need for adequate procedural guarantees and the highest
degree of transparency to ensure their fair and effective implementation.
21.
Mr. Okafor considered which of the existing international human rights mechanisms
could be most appropriate for mitigating the adverse effects of unilateral coercive measures
on the enjoyment of human rights. He identified six factors which should be taken into
account in that analysis: the challenge of territoriality and jurisdictionally limited
obligations; the need to ensure accountability; access to independent evidence; financial
and administrative efficiency; the need to secure and deploy the most appropriate technical
expertise; and the reduction of politicization. He noted that the mandate of treaty-based
bodies to examine the human rights obligations of a State was generally limited to the
territory and jurisdiction of the State under consideration. He suggested that a Charterbased body might be better placed to examine unilateral coercive measures, which by their
very nature had extraterritorial effects. Extraterritorial issues might be taken into account in
the universal periodic review process, and that mechanism might also meet the identified
requirements of financial and administrative efficiency and accountability. However, those
Member States conducting the review would not normally have robust access to direct,
independent evidence or the flexibility to select and deploy the best available technical
expertise. Were the Human Rights Council to decide to appoint a special rapporteur on the
issue, that person would have direct access to evidence through country visits, as well as
information from civil society organizations. Furthermore, the universal periodic review
involved a significantly more political process than the work of a special rapporteur. Mr.
Okafor therefore strongly recommended the creation of a dedicated special procedure for
the assessment and/or mitigation of the adverse effects of unilateral coercive measures on
the enjoyment of human rights.
22.
The Chair welcomed the rigorous approach of the panellists, and remarked on some
positive trends to overcome some of the identified jurisdictional challenges, including
recognition by the International Court of Justice of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment as an erga omnes partes
convention, meaning that any State party could make a claim regarding non-compliance by
another State party. She pointed out that many targeted sanctions were not to be seen as
mere administrative measures, but were punitive in nature without the accompanying due
process guarantees.
23.
During the interactive dialogue, interventions were made by representatives of the
Indian Council of South America, the Bolivarian Republic of Venezuela, the Hawa Society
for Women and the Organization for Defending Victims of Violence, and by Mr. de Zayas.
Several speakers highlighted the impact of unilateral coercive measures on the right to self-
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