A/HRC/42/46 42. The restrictions imposed by the United States are reportedly having a catastrophic impact on the Syrian economy and population and forcing the Government of the Syrian Arab Republic to ration gasoline.59 This situation, coupled with the effects of the random piling-up of 52 packets of other, so-called “smart”, sanctions and the comprehensive sanctions, effectively means imposing misery on an entire population. The measures are clearly indiscriminate, and thus arguably unlawful under international law, as previously stressed by the Special Rapporteur. This is all the more disturbing given that there used to be flexibility with regard to the implementation of sanctions on the Syrian Arab Republic in order to alleviate the situation of the civilian population. For example, in 2013 the European Union decided to selectively lift its oil embargo in relation to territories held by insurgent groups in the Syrian Arab Republic. 60 However, this reportedly boosted the capabilities of extremist Jihadist forces controlling those territories.61 H. Yemen 43. The Special Rapporteur, who has previously drawn attention to the humanitarian crisis in Yemen (A/73/175, para. 31, and A/72/370, paras. 31–32), notes with concern that the flow of essential foodstuffs and other commodities into Yemen continues to be restricted de facto, even though the naval blockade was lifted after the United Nations Verification and Inspection Mechanism for Yemen was set up.62 Obstacles to the flow of goods identified by United Nations agencies present in Yemen include obstacles on all sides to safe passage for aid delivery and delays in approving project agreements.63 This includes what the World Food Programme has identified as “the obstructive and uncooperative role of some of the Houthi leaders in areas under their control”. 64 The Special Rapporteur notes that the Stockholm Agreement reached on 13 December 2018, which includes an agreement on the city of Hodeidah and the ports of Hodeidah, Salif and Ras Issa, represents a first step towards re-establishing regular trade with and from Yemen (S/2018/1134, annex). The Security Council, which is to be commended for having endorsed the agreement, has called on the parties to the conflict to continue to engage constructively, in good faith and without preconditions, with the Special Envoy for Yemen, including on continued work towards stabilizing the Yemeni economy (Council resolution 2451 (2018)). The Stockholm Agreement remains to be fully implemented on the ground. IV. Emerging consensus of the international community to condemn and resist the extraterritorial application of unilateral sanctions A. Condemnation of the extraterritorial application of unilateral sanctions 44. Rejection of the United States embargo on Cuba has become so widespread within the international community that in 2018 a near-universal consensus was reached by the General Assembly. Moreover, successive Assembly resolutions nominally concerned with the Cuban embargo actually have a broader scope and broader implications, since they contain language that clearly applies to unilateral coercive measures in general, whatever 59 60 61 62 63 64 Donna Abu-Nasr, “US sanctions on Iran mean Damascus drivers queue for gas”, Bloomberg, 14 April 2019. Council of the European Union, “Council eases sanctions against Syria to support opposition and civilians”, press release, 22 April 2013. Julian Borger and Mona Mahmood, “EU decision to lift Syrian oil sanctions boosts jihadist groups”, The Guardian, 19 May 2013. Stephanie Nebehay, “UN quietly steps up inspection of aid ships to Yemen”, Reuters, 5 April 2018. Office for the Coordination of Humanitarian Affairs, “Yemen humanitarian update covering 22 March-17 April 2019”, issue No. 6. World Food Programme, “World Food Programme to consider suspension of aid in Houthi-controlled areas of Yemen”, press release, 20 May 2019. 13

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