A/HRC/24/20
unilateral coercive measures: (a) those applied by States; (b) those that comprised primarily
(but not exclusively) economic measures; (c) those applied to States or individuals who
were able to decide on the policy of the State; and (d) those aimed to change a policy of a
target State. These elements, however, might be used also to define normal and legal
interactions between States. Various United Nations documents suggested that most States
and United Nations bodies agreed on the illegality of unilateral coercive measures, even
though “means of pressure or influence” were often still used. In order to minimize their
negative impact on the enjoyment of human rights, both formal and legal criteria had to be
used when defining unilateral coercive measures. Ms. Douhan proposed a definition of
unilateral coercive measures as
measures applied by States, groups of States or regional organizations without or
beyond authorization of the Security Council [applied] to States, individuals or
entities in order to change a policy or behaviour of directly or indirectly targeted
States, if these measures cannot undoubtedly be qualified as not violating any
international obligation of the applying state or organization, or its wrongfulness is
not excluded under general international law.
In this regard, international human rights law constituted an important qualifying criterion
in deciding the legality of these measures. She proposed the establishment of an
independent body to consider the issue in depth from the perspectives of human rights,
security and the rule of law, and to decide whether certain measures would constitute
unilateral coercive measures, their legality, and to review them periodically.
12.
Mr. Smit-Sibinga stated that, for the European Union, sanctions were essentially a
foreign policy instrument that concerned relations between States. While the European
Union did therefore not consider the Human Rights Council the appropriate forum to
address the issue, it agreed that sanctions should always be applied in accordance with
international law and human rights. The European Union imposed “restrictive measures” to
implement United Nations sanctions or on an “autonomous” basis, which was referred to as
“unilateral” in the workshop, with an objective to bring about a change in policy or activity
by the country in question, or the persons or entities targeted. Such restrictive measures had
to be proportionate to their objectives, not have an economic motivation, and be drafted in
accordance with article 6 of the Treaty of the European Union, and thus with respect for
fundamental rights and freedoms, as guaranteed in, inter alia, the European Convention on
Human Rights, including due process and the right to an effective remedy. He then
provided some practical examples, such as travel bans, asset freezes and financial and trade
restrictions, stressing the preventive nature of these measures and the inclusion of standard
exemptions in order to guarantee human rights and basic needs. The sanctions should be
targeted and minimize any unintended impact on the population. Autonomous sanctions
had to be reviewed at least every year, and could be reviewed at any other time. In
conclusion, it was reiterated that the sanctions applied by the European Union always
included clearly defined safeguards in order to limit any unintended effects and to ensure
that human rights obligations were respected.
13.
In the ensuing interactive dialogue, representatives of Belarus, Cuba, Ecuador,
Nicaragua, the Russian Federation, Venezuela (Bolivarian Republic of) and the
International Association of Schools of Social Work made interventions. Several speakers
stressed that unilateral coercive measures were illegal, unjustified and ineffective, and that
they impeded the right to self-determination, jeopardized international peace and security,
hindered development and undermined the human rights of ordinary people. Some speakers
proposed that the Human Rights Council establish a special procedure to monitor the
impact on human rights of unilateral coercive measures. Economic, social and cultural
rights and the rights of indigenous peoples were raised. Some delegations stated that
unilateral coercive measures with extraterritorial effects violated the sovereignty of States,
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