A/HRC/45/7
B.
Recommendations
105. All States and international organizations should work together to guarantee
that human rights are not violated by unilateral sanctions. Any progress in the area
can only be achieved if actions taken are based on the principles of consensus,
solidarity, observance of the rule of law, legitimacy, necessity, proportionality and
protection of human rights, especially the rights of women, children, the elderly and
other vulnerable categories of the population. No double standards can ever be
applied.
106. All national legislation, policies and practices on the introduction and
implementation of unilateral sanctions should reflect the principles of legality,
legitimacy, necessity, proportionality and protection of human rights, especially the
rights of women, children, the elderly and other vulnerable categories of the
population. Laws, policies and practices should be precise, clear and transparent to
avoid mistaken identification, confusion about the legal regime or mechanisms of
humanitarian exemptions or overcompliance.
107. Regardless of the grounds and purposes for introducing unilateral sanctions,
humanitarian concerns should always be taken into account. Sanctions, even when
implemented for legitimate purposes, must comply with human rights standards,
protect the fundamental rights to life, liberty and personal security, to due process
and the presumption of innocence, and to freedom from suffering, as well as essential
core economic, social and cultural rights, and include relevant humanitarian
exemptions and procedural safeguards.
108. The United Nations should exercise full control over the legality of unilateral
measures and pay special attention to the expanding use of unilateral measures, which
do not formally constitute sanctions against States but the cumulative effect of which
is equivalent to or at least compatible with that of comprehensive sanctions.
109. All States and international organizations should ensure that the basic needs of
the population are met, including in times of emergency, irrespective of the nature of
the emergency. Under no circumstances should trade in humanitarian goods and
commodities, such as medical equipment, its component parts, software, medicines,
protective kits and food, be subject to any form of direct or indirect unilateral
sanction. Accordingly, any impediment to such trade, including impediments to
financial transactions, the transfer of currencies or credit documents and
transportation, should be removed.
110. States and international organizations are urged to review and minimize the
whole scope of unilateral sanctions in full compliance with obligations arising from the
Charter of the United Nations, international humanitarian law and international
human rights law, as well as other international obligations, to guarantee that the rule
of law is observed in the international arena and to enable sanctioned States to
recover economically and to guarantee the well-being of their people in the aftermath
of the COVID-19 pandemic.
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