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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