A/HRC/45/7
I. Introduction
1.
The present report is the first thematic report submitted to the Human Rights
Council by the newly appointed Special Rapporteur on the negative impact of unilateral
coercive measures on the enjoyment of human rights, Alena Douhan, pursuant to the
mandate set out in Council resolutions 27/21 and 36/10.
2.
The analysis of the Special Rapporteur reaffirms the large array of challenges that
unilateral coercive measures pose to international relations, the legal order, the rule of law
and the whole system of human rights. It also reveals discrepancies in the terminology and
notions used to identify sanctions introduced without or beyond the authorization of the
Security Council; the insufficiency of cooperation between international entities and
organizations dealing with such sanctions; and the absence of consensus and solidarity
among States in their assessments. It also notes the expanding scope of grounds, purposes,
direct and indirect targets, means and mechanisms and the increasing number of unilateral
coercive measures, as well as their expanding extraterritorial character.
3.
As the legal status of specific unilateral sanctions is not always clear from the
standpoint of international law, it is necessary to address and seek to minimize the
humanitarian consequences of their application and engage in a contextual way in the
establishment of a comprehensive legal framework, taking due account of the Charter of the
United Nations, the fundamental principles of international law, including the observance
of human rights and humanitarian standards, and the rule of law.
4.
The main purpose of the present report is to provide an overview of current
developments and challenges in domestic sanctions legislation and policy and to identify
intersections with the standards and practice of the United Nations and other international
bodies. In this context, the report presents the Special Rapporteur’s vision of the
contemporary issues relating to the impact of unilateral coercive measures on the
enjoyment of human rights and offers the Human Rights Council information on her
strategy and a road map for the implementation of the mandate.
5.
Due to the complexity, sensitivity and multidimensional character of the matter, the
Special Rapporteur welcomes any comments, suggestions and information that
Governments, international organizations, non-governmental organizations, academics,
civil society representatives and other relevant actors may have regarding the various
aspects of the impact of unilateral coercive measures on human rights.
II. Activities of the Special Rapporteur
6.
Shortly after assuming her mandate on 25 March 2020, and faced with the unfolding
coronavirus disease (COVID-19) pandemic emergency, the Special Rapporteur issued her
first public statement 1 on 3 April, in which she urged Governments to lift all unilateral
sanctions obstructing the humanitarian responses of sanctioned States, in order to enable
their health-care systems to fight the COVID-19 pandemic and save lives. This was aligned
with and echoed the 23 March statement of the United Nations High Commissioner for
Human Rights2 to ease or suspend sanctions and the 26 March appeal of the SecretaryGeneral 3 to waive sanctions that undermined countries’ capacity to respond to the
pandemic.
7.
On 14 April, the Special Rapporteur was interviewed by the Belarusian Telegraph
Agency (BelTA), which underscored her role in the promotion and protection of human
rights in general and, in particular, during the COVID-19 pandemic.
1
2
3
2
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25769&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25744&LangID=E.
See www.un.org/en/coronavirus/war-needs-war-time-plan-fight-it.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents