A/HRC/28/59
institutions to withdraw effectively from South Africa and prevent them from investing in
the country and granting loans and credits to South Africa, and to hold them accountable
for any transgressions.7
13.
After the end of the cold war, the Security Council applied comprehensive sanctions,
including financial sanctions, to Iraq (1990–2003), Libya, the former Yugoslavia (during
the 1991–96 break-up) and Haiti (1993–94).8 In the case of Yugoslavia, the Security
Council decided in resolution 757 (1992) that no State should make any funds available to
the authorities or any commercial, industrial or public utility in the Federal Republic of
Yugoslavia and should prevent any person within their own territories from making those
funds available (except payments exclusively for medical or humanitarian purposes and
foodstuffs). The sanctions were justified by ceasefire violations, forcible expulsions and
attempts to change the ethnic composition of the populations in Bosnia and Herzegovina
and Croatia.
14.
The sanctions regime imposed on Iraq and Haiti raised serious concerns about their
adverse impact on the enjoyment of economic, social and cultural rights by the affected
population,9 prompting the Committee on Economic, Social and Cultural Rights to adopt its
general comment No. 8 (1997) on the relationship between economic sanctions and respect
for economic, social and cultural rights.
15.
To avoid such negative effects on the enjoyment of human rights, Security Council
sanctions have become more targeted and have included arms embargoes, travel bans,
financial sanctions and comprehensive asset freezes on specified individuals and entities.
The majority of current sanctions regimes of the United Nations include, as part of their
justification, violations of international human rights or humanitarian law, or make explicit
reference to particular violations, such as recruiting child soldiers, committing rape and
gender-based violence, targeting civilians and other similar offences.10 Sanctions have been
imposed on individuals in decision-making positions and on non-State actors, such as rebel
and terrorist groups, and private sector actors. As of November 2013, there were
575 individuals and 414 entities designated for asset freezes by the Security Council. 11
While targeted sanctions avoid a number of negative human rights impacts associated with
comprehensive economic or financial sanctions, they have raised concerns about due
process and unintended negative impacts on economic, social and cultural rights, such as
blocking legitimate humanitarian work or preventing the transmission of remittances to
family members abroad (see, for example, A/HRC/16/50, paras. 1–27, A/65/258 and
A/HRC/6/17 paras. 42–50).
7
8
9
10
11
6
The General Assembly had earlier requested all States, pending Security Council action, to adopt
legislative and/or other measures to ensure, inter alia, the prohibition of financial loans and
investments and the withdrawal of investments from South Africa. See, for example, resolution 40/64.
See Security Council resolutions 661 (1990), 748 (1992), 757 (1992), 820 (1993) and 841 (1993).
See, for example, Center for Economic and Social Rights, “UN-sanctioned suffering: a human rights
assessment of United Nations Sanctions on Iraq” (New York, May 1996), available from
http://cesr.org/downloads/Unsanctioned%20Suffering%201996.pdf; George. A. Lopez and David
Cortright, “Economic sanctions and human rights: part of the problem or part of the solution?”
International Journal of Human Rights, vol. 1, No. 2 (1997); E. Gibbons and R. Garfield, “The
impact of economic sanctions on health and human rights in Haiti, 1991 to 1994”, American Journal
of Public Health, vol. 89, No. 10 (October 1999); and E/CN.4/Sub.2/2000/33.
See, for example, Security Council resolutions 1533 (2004), 1572 (2004), 1591 (2005), 1970 (2011)
and 2127 (2013).
Security Council special research report, “UN sanctions”, 25 November 2013, available from
www.securitycouncilreport.org.
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