A/HRC/24/20
post-unilateral coercive measures to assess the situation on the ground and their continuing
impact of the measures after they were lifted. She proposed that the Human Rights Council
set up an expert committee with the support of the United Nations Entity for Gender
Equality and the Empowerment of Women (UN-Women) and relevant bodies to study and
report on the impact on gender and human rights of unilateral coercive measures. States that
had used these measures should apologize for the indescribable misery caused, while the
international women and human rights movements that had resulted in Security Council
resolution 1325 (2000) on women and peace and security should now be encouraged to
push for a Council resolution against unilateral coercive measures.
19.
Mr. Tanajero stated that he would discuss unilateral coercive measures from the
perspective of the Americas and their impact on human rights. The Inter-American
Democratic Charter prohibited States from interfering with each other. Mexico had tried to
eliminate such measures and to promote fair trade. In 1996, Mexico requested an opinion
on the extraterritorial application of the Helms-Burton Act of the United States of America,
whether it was compatible with international law and what its impact was on Cuba and
other countries in the Americas. He cited the conclusions of the Inter-American Judicial
Committee, which stated that all States were subject to international law in their relations
among themselves; all States were free to exercise their jurisdiction, but in exercising that
right they had to respect the boundaries of international law; if this exercise was not in
conformity with international law, they would be responsible. On the impact of unilateral
coercive measures on human rights, he added that the indiscriminate nature of these
measures was one of their greatest dangers, because the people they were supposed to
protect were often those most affected. There was a need to monitor specific human rights
violations resulting from unilateral coercive measures. The Human Rights Council had
enough mechanisms at its disposal. Reports should be presented on such violations so that
these human rights mechanisms could address them accordingly.
20.
Speakers during the ensuing interactive dialogue included the representatives of
Belarus, Cuba, Iran (Islamic Republic of) (on behalf of the Non-Aligned Movement), Iraq,
Malaysia, the Syrian Arab Republic, Swaziland and the Union of Arab Jurists. Some
speakers raised issues relating to the impact of unilateral coercive measures on the transfer
of technology, access to the Internet, freedom of expression, the right to life and the
measures imposed on the Occupied Palestinian Territory by Israel. Several delegations
supported the creation of a monitoring body to conduct an independent assessment of
unilateral coercive measures and to ensure accountability, while some did not agree with
the proposal to create a world court of human rights. According to some speakers, a set of
principles or a legal framework that determined the human rights aspects of unilateral
coercive measures could serve as a preventive instrument for the international community
to consider when States were deciding to impose coercive measures unilaterally. Any
further delay in finding a solution would only cause more suffering.
21.
Responding to a question about the impact of unilateral measures on freedom of
expression, Mr. Tanajero stated that the right to freedom of expression existed both online
and offline, the only legal limitations being those established in the International Covenant
on Civil and Political Rights. Ms. Chenoy stated that, even as a receiver of unilateral
coercive measures, Cuba had achieved three Millennium Development Goals through social
spending, and that this methodology could be followed by other countries. Mr. Chigara
stressed that unilateral coercive measures were illegal under current international law and
warned that States were “sleepwalking” into the making of customary international law
perpetuated by “persistent objectors” who insisted on their right to use these measures to
ensure human rights.
22.
The Chairperson summed up the discussion and noted that agreement might never
be reached on the desirability of unilateral coercive measures, although it was agreed that
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