A/HRC/42/46
56.
It remains unclear, however, at the time of writing, whether appropriate
implementation mechanisms, including penalties for non-compliance, have been duly
adopted (or will be in the short term) at the national level by European Union member
States, as called for in the regulation. It is also unclear whether European Union authorities
and member States are willing, as a matter of policy, to implement the regulation in a
meaningful manner. The recent collapse in the volume of trade between the European
Union and the Islamic Republic of Iran, as noted above, confirms the concerns expressed
by Iranian officials that, despite the official discourse, the European Union might not show
the adequate resolve to effectively counter United States secondary sanctions.
V. Recommendations and proposals of the Special Rapporteur
Recommendations on sanctions and the rule of law addressed to the General
Assembly, the Human Rights Council and the Office of the Secretary-General
57.
The Special Rapporteur has previously requested that Member States begin
consultations on a draft declaration on unilateral coercive measures and the rule of
law, to be presented at an upcoming session of the General Assembly, to establish an
international consensus on the minimum human rights protections which must be
applied to the use of unilateral coercive measures (A/HRC/39/54, para. 53 and annex).
He appreciates the fact that the Assembly, in its resolution 71/193, took note with
interest of the proposals he had put forward in his report to the Assembly at its
seventy-first session, which included a call for the Human Rights Council and the
Assembly to restate in a solemn manner, through a declaration, the right of victims to
an effective remedy, including appropriate and effective financial compensation, in all
situations where their human rights have been adversely affected by unilateral
coercive measures (A/71/287, para. 37).
58.
In its most recent resolution on the negative impact of unilateral coercive
measures on the enjoyment of human rights, the Human Rights Council requested the
Special Rapporteur, taking into account the views of Member States, to continue his
work on identifying a set of elements to be considered, as appropriate, in the
preparation of a draft United Nations declaration on the negative impact of unilateral
coercive measures on the enjoyment of human rights, and to submit those elements to
the Council in his next report (resolution 40/3, para. 23). The Council also requested
the Office of the United Nations High Commissioner for Human Rights to organize a
biennial panel discussion, in accordance with Council resolution 27/21, 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”, for the forty-second session with the participation of Member States,
relevant United Nations bodies, agencies and other relevant stakeholders. In that
respect, it requested the Special Rapporteur 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 (resolution 40/3, para. 27). In response to that
request, the Special Rapporteur has started preparations for the panel discussion, the
outcomes of which will be presented in his next reports to the Council and the
Assembly. He looks forward to engaging in fruitful discussions with all stakeholders
and welcomes in advance any contributions that States, United Nations agencies and
other stakeholders would like to make.
59.
The Special Rapporteur proposes that the draft declaration (or treaty or
convention) be supplemented by a statement stressing the existence of an obligation on
States under international law not to recognize unlawful situations arising from the
imposition of unilateral extraterritorial (secondary) sanctions, nor to render any aid
or assistance to the sanctioning party in that respect, and affirming that States are
expected to take appropriate measures, including in their domestic laws, to deny
giving any effect to or recognizing or enforcing in any manner, in their respective
jurisdictions, extraterritorial secondary sanctions.
17
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