A/HRC/24/20
right to health, the right to food, freedom of movement and the right to development, had
been affected. A number of speakers stated that unilateral coercive measures constituted
violations of the Charter of the United Nations and the multilateral trading system, and
requested that these measures to be revoked immediately. Some delegations stated that
unilateral coercive measures constituted human rights violations, including of civil,
political, economic, social and cultural rights, as well as of the right to development.
Several speakers highlighted the humanitarian, economic and development impact of
sanctions, adding that sanctions on the transfer of funds had prevented the importation of
food and medicine, as well as construction and other materials needed for the development
of the countries targeted.
8.
Responding to questions, the Director of the Research and Right to Development
Division cited the OHCHR thematic study on the subject, in which the High Commissioner
for Human Rights had noted that even carefully targeted sanctions imposed to end gross
human rights violations, as part of a wider diplomatic effort and preferably in a multilateral
framework, had to be subject to stringent conditions. According to the High Commissioner,
they had to be imposed no longer than necessary, be proportional and be subject to
appropriate human rights safeguards, including human rights impact assessments and
monitoring conducted by independent experts. 5 The Director also referred to the visit made
in 2012 by the High Commissioner to Zimbabwe, where she had spoken about the impact
of sanctions on people. Mr. Bossuyt concurred and reiterated the importance for sanctions
to be limited in duration and evaluated periodically. In closing the opening session, the
Chairperson noted the converging views on the need to reform the current system of
sanctions and unilateral coercive measures to make it more sensitive to human rights.
III. Session I: Unilateral coercive measures: concept, legal
framework and challenges
9.
The panellists of session I included the Chairperson of the Committee on Economic,
Social and Cultural Rights, Ariranga Pillay; Alena Douhan, Associate Professor of the
Belarusian State University; and Kees Smit-Sibinga, Senior Policy Officer of the Security
Policy and Sanctions Division of the European External Action Service.
10.
The Chairperson of the Committee on Economic, Social and Cultural Rights listed a
number of examples of unilateral coercive measures, such as trade sanctions, embargoes,
boycotts and the interruption of financial flows, stating that some of these measures
imposed by States had extraterritorial effects, as they were extended to third-party States.
He stated that unilateral coercive measures were applied often without safeguards to protect
human rights, causing deprivations that not only had an adverse impact on human rights
and the right to development, but also disproportionately affected the poor and the most
vulnerable. Citing general comment No. 8 of the Committee on Economic, Social and
Cultural Rights, he added said that human rights had to be taken fully into account when
designing an appropriate sanctions regime. When an external party took upon itself even
partial responsibility for the situation within a country, it also unavoidably assumed a
responsibility to do everything within its power to protect the economic, social and cultural
rights of the affected population.
11.
Ms. Douhan stated that there was no universal definition of “unilateral coercive
measures” in international law; the term was not defined in any treaty and it did not appear
in the Charter. Citing the OHCHR thematic study, she noted four main characteristics of
5
A/HRC/19/33, para. 38.
5
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