A/HRC/24/20
an independent assessment was needed. In this regard, the workshop could contribute by
identifying the elements that would enable the international community to understand the
impact of unilateral coercive measures on human rights.
V. Session III: The way forward
23.
The panellists of session III included the Permanent Representative of Uruguay to
the United Nations Office at Geneva and former President of the Human Rights Council,
Laura Dupuy Lasserre; former Special Rapporteur on the right to food and Professor at the
University of Geneva, Jean Ziegler; and the Programme Director of Centre Europe-Tiers
Monde, Melik Özden.
24.
Ms. Dupuy Lasserre noted that there were a number of situations involving unlawful
unilateral coercive measures that had come before the Human Rights Council in different
ways, such as the blockade of Gaza, the presence of the United States base in Guantanamo,
the use of unlawful unilateral means against non-State actors in the fight against terrorism,
the impasse in the Security Council and the supply of weapons by various States to various
parties in the internal armed conflict in the Syrian Arab Republic, and the threat of use of
force by nuclear weapons by the Democratic People’s Republic of Korea. Economic
measures taken as countermeasures or retaliation to an international unlawful act by a State
should be assessed by an independent body to distinguish whether such measures were
coercive or legitimate under international law, especially in view of the principle of nonintervention. There were interesting examples in regional organizations where efforts were
made to promote human rights, the rule of law and democracy, without breaching
international law. The Organization of American States offered different ways of collective
action in addressing problems in countries and sought to avoid the use of unilateral coercive
measures. She highlighted the inter-American human rights system, and other regional
peer-review mechanisms to combat corruption or the drugs problem, as well as various
arbitration courts (subregional or international) in dealing with bilateral disputes. Ms.
Dupuy Lasserre stressed the need to refrain from unlawful measures and to resort to
dialogue and negotiation, as well as a cooperative approach at the bilateral, regional and
multilateral levels.
25.
Mr. Ziegler stated that the debate at hand had given rise to different opinions and
that 12 States had voted against the resolution mandating the present workshop. Referring
to a report on his visit to Cuba in 2007 as Special Rapporteur on the right to food, he added
that the right to food in the country was guaranteed in spite of a complex regime of
unilateral coercive measures, which had three dimensions: food and medical embargoes;
regime change; and extraterritoriality. He then referred to the situation of the right to food
in the Occupied Palestinian Territory, and made several suggestions to address the impact
of unilateral coercive measures on human rights. Compensation should be given to the
families who had suffered because of unilateral embargoes and sanctions. Sanctions should
be limited in duration (such as six months); regime change should never be an objective of
unilateral coercive measures; when massively applied, smart sanctions were not
substantively different from unilateral coercive measures. A special procedure should be
created to report to the Human Rights Council at all sessions on the human rights
consequences of unilateral coercive measures, and there should be a normative framework
for these measures.
26.
Mr. Özden stated that unilateral coercive measures infringed international law,
including international humanitarian law and international human rights law. The General
Assembly could adopt a declaration condemning unilateral coercive measures and turn to
the International Court of Justice for advisory opinions on specific cases. Individuals
affected by these measures could seek redress before such relevant treaty bodies as the
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