A/HRC/27/32
I. Introduction
1.
The present report is submitted in accordance with Human Rights Council resolution
24/14, in which the Council requested the Office of the United Nations High Commissioner
for Human Rights (OHCHR) to organize a workshop on the impact of the application of
unilateral coercive measures on the enjoyment of human rights by the affected populations,
in particular their socioeconomic impact on women and children, in the States targeted, and
to prepare a report on the proceedings of the workshop and to submit it to the Human
Rights Council at its twenty-seventh session.
II. Organization of the workshop
2.
The workshop was held on 23 May 2014 in Geneva. It was chaired and moderated
by Vera Gowlland-Debbas, Emeritus Professor of International Law at the Graduate
Institute of International and Development Studies in Geneva. The workshop comprised an
opening session and three subsequent thematic sessions: session I, on assessing the impact
of unilateral coercive measures on human rights, in particular of women and children;
session II, on mechanisms to assess and mitigate the adverse impact of unilateral coercive
measures and ensure accountability; and session III, on contemporary unilateral coercive
measures: learning lessons from the past to develop basic principles to redress adverse
impacts. During the thematic sessions, nine panellists made presentations; each thematic set
of panel presentations was followed by an interactive dialogue. The workshop also included
a presentation by the Human Rights Council Advisory Committee on its forthcoming
research-based report on mechanisms to assess the negative impact of unilateral coercive
measures on the enjoyment of human rights and to promote accountability, the preparation
of which was requested by the Council in its resolution 24/14.
3.
The objectives of the workshop were to provide a platform for the exchange of
views among States, academic and civil society experts, and human rights mechanisms on
the impact of unilateral coercive measures on human rights, especially of women and
children; to follow up on the recommendations of the previous workshop, held in 2013, and
contribute to the current efforts of the Human Rights Council Advisory Committee to
identify mechanisms to assess and mitigate the adverse impact of unilateral coercive
measures and ensure accountability; and to share experiences of contemporary unilateral
coercive measures and learn lessons from the past as a first step towards developing basic
principles and guidelines to redress the adverse impacts of unilateral coercive measures.
III. Opening session
4.
In opening the workshop, the Chair noted a progressive limitation of the freedom of
States to resort to unilateral measures since the adoption of the Charter of the United
Nations. In its resolution 2625 (XXV), the General Assembly considered that the use of
coercive measures in order to obtain from a State the subordination of the exercise of its
sovereign rights and to secure from it advantages of any kind violated the principle of nonintervention. However, under the customary international law of State responsibility,
codified by the International Law Commission, countermeasures which would otherwise
constitute illegal measures were justified if taken by a State injured by an internationally
wrongful act of another State, provided they complied with certain conditions and
limitations. Those conditions included the principle of proportionality, respect for
obligations for the protection of fundamental human rights and respect for obligations of a
humanitarian character, as well as peremptory norms of general international law. The
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