A/HRC/24/20
Subcommission on the Promotion and Protection of Human Rights on the adverse
consequences of economic sanctions on the enjoyment of human rights.3 The year 2013
marked the twentieth anniversary of the Vienna Declaration and Programme of Action,
which called upon States:
to refrain from any unilateral measure not in accordance with international law and
the Charter of the United Nations that creates obstacles to trade relations among
States and impedes the full realization of the human rights set forth in the Universal
Declaration of Human Rights and international human rights instruments, in
particular the rights of everyone to a standard of living adequate for their health and
well-being, including food and medical care, housing and the necessary social
services.
In conclusion, she stated that the drafters of the Vienna Declaration had put people and
their rights at the centre, an approach OHCHR continued to advocate. When addressing the
impact of unilateral coercive measures on the enjoyment of human rights, we must focus on
people, in particular vulnerable groups and individuals whose rights were most likely to be
affected.
5.
In his keynote speech, the President of the Constitutional Court of Belgium, Mr.
Bossuyt, listed four features about sanctions that had been highlighted in the abovementioned working paper of the Subcommission that he had prepared: sanctions should
always be limited in time; they affected most seriously innocent populations, especially the
most vulnerable; they aggravated imbalances in income distribution; and they often gave
rise to illegal and unethical business practices. He then provided a brief classification of
sanctions, including trade, financial, travel, military, diplomatic and cultural sanctions, and
proposed criteria to evaluate them: whether the sanctions concerned were imposed for valid
reasons and within a reasonable time frame; whether they targeted the proper parties, goods
or objects rather than innocent civilians; and if the sanctions were effective and free from
“protest arising from violations of the principles of humanity and the dictates of the public
conscience”.4 The most important criterion in evaluating sanctions was their legitimacy; it
could hardly be disputed that sanctions imposed by the Security Council, unlike sanctions
imposed unilaterally, were legitimate. He stressed that the effectiveness of sanctions should
be periodically assessed, which would in turn affect their legitimacy.
6.
Mr. Bossuyt stated that preference should be given to “smart sanctions” so that
adverse consequences for the civilian population could be avoided. Such sanctions were
conceived to affect directly political leaders by targeting their personal foreign assets and
access to foreign financial markets, and subjecting them to travel restrictions. He then cited
the three case studies examined in his working paper, which concerned Burundi, Cuba and
Iraq. In conclusion, the effects of sanctions had to be evaluated at regular intervals (no more
than one year at the maximum) and their impact on the enjoyment of human rights of the
population should be taken prominently into account. If the desired results could not be
attained within a reasonable time, the measures should be suspended; otherwise, the
sanctions might lose legitimacy and become counterproductive.
7.
Subsequently, the Chairperson opened the floor for general statements.
Representatives of Belarus, Cuba, Iran (Islamic Republic of) (on behalf of the Non-Aligned
Movement), Iraq, the Sudan, the Syrian Arab Republic and Zimbabwe took the floor.
Several delegations spoke of the impact of sanctions and unilateral coercive measures on
their countries and how the human rights of the populations, such as the right to work, the
3
4
4
E/CN.4/Sub.2/2000/33.
E/CN.4/Sub.2/2000/33, p. 12.
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