A/HRC/24/20
Human Rights Committee, the Committee on the Elimination of Discrimination against
Women and the Committee on Economic, Social and Cultural Rights. In particular, those
affected could bring cases under the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights, after it came into force in May 2013. Mr. Özden
agreed that the Human Rights Council should create a specific mechanism on the impact of
unilateral coercive measures, because the existing mechanisms had not given the necessary
attention to this important matter.
27.
During the ensuing interactive dialogue, the representatives of Algeria, Belarus,
Cuba, Egypt, Indonesia, the Sudan and the Syrian Arab Republic took the floor. A number
of proposals were made as a follow-up mechanism to address the issue of unilateral
coercive measures and their impact on the enjoyment of human rights. The human rights
mainstreaming panel of the Human Rights Council should deal with the impact of unilateral
coercive measures. The Advisory Committee of the Council should be tasked to develop a
code of conduct for respecting the human rights of people affected by sanctions. OHCHR
should be given a stronger role in this area. Lastly, the qualitative and quantitative
magnitude of the negative impact on human rights of these measures had to be registered in
order to promote accountability.
28.
Responding to questions and comments, Mr. Ziegler stated that there had to be an
end to impunity, and that the right of the victims to reparation must be guaranteed. Mr.
Özden added that the goal was to end unilateral coercive measures, and that States could
decide how to do so.
VI. Conclusions and recommendations
29.
In summing up the discussion held during the workshop, the Chairperson
concluded that unilateral coercive measures were regarded by States or a group of
States that resorted to them as an instrument of their foreign policy. Those affected by
such measures considered them to be infringements on their sovereign rights, and on
the principles of non-discrimination and non-interference in their internal affairs.
Whether in terms of legitimacy or effectiveness, many speakers recognized that
unilateral coercive measures had been tools to achieve their proclaimed objective of
forcing the States targeted to change their policies. Where such policies were
challenged on the grounds of violations of human rights, unilateral coercive measures
might even be self-defeating if they themselves denied the enjoyment of such human
rights as the rights to food, to health and to education. Thus, some participants
maintained, instead of being assisted in upholding their rights, innocent civilians
might be doubly victimized.
30.
Furthermore, it was suggested that, if States resorted unilaterally to coercive
measures, other States might follow suit and thus undermine the rule-based
international system. It was stressed that the Charter of the United Nations offered,
including under Chapter VII, the framework for applying such measures within a
rule-based system. Measures outside this framework and with an impact on the
enjoyment of human rights required, in the opinion of the speakers, an assessment of
their legitimacy and effectiveness. Many speakers emphasized that States or a group
of States resorting to such measures were accountable for their impact on human
rights as were those States whose internal policies were challenged on this basis. The
impact on human rights of extraterritorial extension of domestic policies via third
States or multilateral institutions was also mentioned as a cause of concern to some.
There was broad-based recognition of the need for an independent assessment of the
impact on human rights of unilateral coercive measures, and for jurisdictions to
uphold human rights and accountability in this context.
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