A/HRC/30/45
III. Reasons for a special procedure on the adverse human rights
impact of unilateral coercive measures
10.
In its Article 55(c), the Charter of the United Nations calls upon the United Nations
to promote “universal respect for, and observance of, human rights and fundamental
freedoms”. Likewise, the Vienna Declaration asserted the following that “the universal
nature of these rights and freedoms is beyond question”. Furthermore, In its resolution
60/251, the General Assembly decided that the Human Rights Council should “be
responsible for promoting universal respect for the protection of all human rights and
fundamental freedoms for all, without distinction of any kind and in a fair and equal
manner”.
11.
Emphasis here is on “universal”: the thrust of the provisions of human rights treaties
and covenants relate mainly to national jurisdictions of States, although some general
comments of treaty bodies, such as general comments No. 8, No. 12 or No. 14 of the
Committee on Economic, Social and Cultural Rights do refer to extraterritorial “sanctions”.
From the point of view of the victims of violations of human rights on the ground,
addressing only the adverse human rights impact of domestic measures would leave a
protection gap that falls short of the desired universality of human rights. It also stands to
reason that the International Bill of Human Rights, which condemns violations of human
rights by authorities in the territories under their jurisdiction, would also condemn such
violations if perpetrated by the same authorities outside their own borders. The protection
gap became painfully obvious during the 1990s, which has been referred to as the
“sanctions decade”.1 At that time, the population of States targeted by external “sanctions”,
such as Iraq, and in particular women and newborn children, suffered most acutely from
comprehensive “sanctions”, which lead to the unwarranted death of many innocent people.
The special procedure, as a Charter-based human rights mechanism, is not constrained by
national jurisdictions and can thus address this protection gap. The comparative advantage
of a Charter-based body over a treaty body to address this extraterritorial dimension of
measures having an impact on human rights, was aptly underlined by the Human Rights
Council Advisory Committee in a report dated 10 February 2015.2
12.
Addressing possible violations of human rights from both national and foreign
sources is indeed acting to promote universal respect for the promotion of human rights and
fundamental freedoms, as the Human Rights Council was mandated to do by the General
Assembly in its resolution 60/251.
IV. Clarifying definitions concerning unilateral coercive
measures
13.
From Human Rights Council resolution 27/21, one can infer that unilateral coercive
measures are measures including, but not limited to, economic and political ones, imposed
by States or groups of States to coerce another State in order to obtain from it the
subordination of the exercise of its sovereign rights with a view to securing some specific
change in its policy.
1
2
4
David Cortright and George A. Lopez, The Sanctions Decade, Assessing United Nations Strategies in
the 1990s (Boulder, Colorado, Lynne Rienner, 2000).
Research-based progress report of the Human Rights Council Advisory Committee containing
recommendations on mechanisms to assess the negative impact of unilateral coercive measures on the
enjoyment of human rights and to promote accountability (A/HRC/28/74). See in particular para. 60.
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