A/HRC/4/88
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− Accessibility: Only States have standing in the current United Nations sanctions
regime, which assumes that the State will act on behalf of the individual. In practice,
often this does not happen and individuals are effectively excluded from a process
which may have a direct punitive impact on them; and
− Remedies: There is a lack of consideration to remedies available to individuals whose
human rights have been violated in the sanctions process.
26.
These concerns were reflected in the World Summit Outcome Document
(see General Assembly resolution 60/1), which calls upon the Security Council, with the support
of the Secretary-General, “to ensure that fair and clear procedures exist for placing individuals
and entities on sanctions lists and removing them, as well as for granting humanitarian
exemptions”.8
27.
Pursuant to this mandate, which was enshrined in paragraph 109 of General Assembly
resolution 60/1, the Secretary-General tasked the Office of Legal Affairs - in close cooperation
with the Office of the High Commissioner for Human Rights and the Department of Political
Affairs - with beginning an interdepartmental process to develop proposals and guidelines that
would be available for the consideration of the Security Council.9 On the basis of this process,
the Secretary-General drafted a non-paper, setting out his views concerning the listing and
delisting of individuals and entities on sanctions lists, which he sent to the members of the
Security Council for their consideration. On 22 June 2006, the Security Council held an open
thematic debate on “Strengthening international law: rule of law and maintenance of
international peace and security”. In a statement in the framework of this debate, the Legal
Counsel referred to the Secretary-General’s non-paper, stating that:
“According to the non-paper, the minimum standards required to ensure that the
procedures are fair and transparent would include the following four basic elements:
“First, a person against whom measures have been taken by the Council has the
right to be informed of those measures and to know the case against him or her as
soon as and to the extent possible. The notification should include a statement of
the case and information as to how requests for review and exemptions may be
made. An adequate statement of the case requires the prior determination of clear
criteria for listing.
8
Various initiatives to follow up on the Outcome Document are ongoing. For example, in
March 2006, Germany, Sweden and Switzerland, together with other like-minded States,
circulated an analytical report commissioned from the Watson Institute for International Studies,
entitled “Strengthening targeted sanctions through fair and clear procedures”. The Council of
Europe also commissioned a report by Iain Cameron, entitled “The ECHR, due process and
UN Security Council counter-terrorism sanctions”.
9
Report of the Secretary-General on the implementation of decisions from the 2005
World Summit Outcome for action by the Secretary-General (A/60/430 of 25 October 2005),
para. 20.
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