A/HRC/45/7
its ability to achieve its objectives. She feels that exchanging information could be of
mutual benefit.
B.
Networking cooperation with specialized agencies of the United Nations
and other international organizations
76.
The Special Rapporteur is interested in establishing dialogues with relevant United
Nations specialized agencies and other international organizations that deal with
international trade, as trade is frequently the subject of sanctions that can have a negative
impact on the enjoyment of human rights.
77.
The Special Rapporteur will engage with the World Trade Organization (WTO) to
assess developments regarding article XXI of the General Agreement on Tariffs and Trade,
which authorizes contracting parties to impose sanctions that would otherwise violate the
terms of the Agreement if there is a national security reason or some other “emergency in
international relations”. Until recently, the sanctioning State was generally considered to be
the sole judge of what constituted a justifiable action in line with article XXI, thereby
leaving this article open to potential abuse. In 2019, however, a dispute settlement panel
determined that WTO had jurisdiction to decide on related matters.
78.
The Special Rapporteur intends to exchange information with the United Nations
Conference on Trade and Development, UNDP, the regional economic commissions and
other relevant United Nations organs to improve the tracking of trade-related sanctions and
their impact on human rights and to improve the general knowledge about the impact of
sanctions and related policies on human rights.
79.
The Special Rapporteur will initiate dialogues with the International Monetary Fund
and the World Bank with respect to the human rights impact of sanctions in the financial
sphere. These sanctions can affect human rights by affecting trade and development,
including when used to combat financial crimes. The Special Rapporteur will also seek
opportunities to cooperate with the Financial Action Task Force, which issues guidance and
maintains a blacklist of States that are not doing enough to control the use of funds in
financing terrorism and money-laundering. The Organization for Economic Cooperation
and Development is also a candidate for cooperation given that it carries out studies and
analyses on sanctions but does not generally consider their human rights impact.
80.
Given that unilateral sanctions affect the fundamental human rights of those who are
directly or indirectly targeted by them, the Special Rapporteur deems it important to
develop cooperation with the United Nations organs concerned with the right to adequate
food and nutrition in collaboration with the Special Rapporteur on the right to food. In
particular, the Special Rapporteur would like to cooperate the Food and Agriculture
Organization of the United Nations and the World Food Programme, as they have identified
sanctions as contributing to food insecurity and as having a negative impact on the right to
adequate food and nutrition. The Committee on World Food Security formulates policy
recommendations regarding food security and nutrition, and the Special Rapporteur
considers that the role of sanctions with respect to these issues offers opportunities to
cooperate. The mandate of the United Nations System Standing Commission on Nutrition
is to maximize policy coherence among United Nations agencies and explore new and
emerging nutrition-related issues, and the Special Rapporteur believes that gathering its
input regarding sanctions and their human rights impact could be useful.
81.
The Special Rapporteur also considers it a priority to establish a dialogue with the
World Health Organization regarding sanctions that can impede the ability of targeted
States to obtain foreign medicines and medical equipment that may be necessary to ensure
the right to health in situations that can range from local disease outbreaks to pandemics, as
well as during non-crisis periods.
82.
As mentioned above, the Special Rapporteur is cognizant that refugee flows and
migrations can be intensified by sanctions against the countries that the migrants or
refugees are fleeing, as has occurred recently when millions of Venezuelans fled to
Colombia and the hundreds of thousands of Afghans returned to Afghanistan from the
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