A/HRC/30/45
entry of the Security Council into the fray of sanctions, imposing them first on Southern
Rhodesia in 1966 and then on South Africa a decade later at the initiative of developing
countries. The impact of the latter on the enjoyment of human rights of the target
population was relatively limited because the measures were circumvented by the source
countries themselves.
27.
Except for the cases of Southern Rhodesia and South Africa under apartheid, most
recent unilateral coercive measures before1975 were implemented in the context of the
East-West ideological rivalry. Then came the Final Act of the Conference on Security and
Cooperation in Europe, which, in its principle VI, expressed the resolve of the signatories to
put an end to autonomous policies of coercive measures. According to that principle, the
parties to the Treaty “will likewise in all circumstances refrain from any other act of …
economic or other coercion designed to subordinate to their own interest the exercise by
another participating State of the rights inherent to sovereignty”. Experience thereafter did
not live up to expectations as unilateral coercive measures were redeployed in the direction
of developing countries and then escalated again inter alia between the West and the
Russian Federation as a result of tension on Crimea and Eastern Ukraine.
28.
Most current unilateral coercive measures have been imposed at great cost, in terms
of the human rights of the poorest and most vulnerable groups, by developed countries on
developing countries. There are a few examples of the reverse situation, such as the Arab
oil embargo of 1973 against Western States in response to the position the latter took during
the 1973 Arab-Israeli War. There are also cases of developing countries imposing unilateral
coercive measures on neighbouring States for short periods of time.
B.
Current trends
29.
Observed trends do not point to advanced countries giving up the resort to unilateral
coercive measures, much to the contrary. This is not to say, however, that the situation has
remained static. The Security Council has given up resorting to comprehensive sanctions
since 1994, when it last imposed them on Haiti. Following this example, source countries
have generally been moving away from comprehensive sanctions to resort rather to “smart”
sanctions. These are focused on a particular territory within a target country, on a specific
activity, for example, non-proliferation or on a particular category of traded goods, such as
the arms trade or the commodity trade. There is also increasing resort to “smart” sanctions
that target natural or corporate persons on the basis of their supposed involvement in policy
decisions of their State that are challenged by the country or group of countries initiating
the unilateral coercive measures. A corpus of legal rules has been devised to redress the
excesses of such measures and to submit their use to certain conditions while introducing
some measure of due process and independent assessment to gauge the impact of such
measures on human rights. This is a positive evolution. It tends to limit the collateral
damage of such measures on unintended groups and therefore deserves to be welcomed.
30.
The evolution has not been homogeneous in source countries. There is therefore a
need to review the progress achieved in different source countries and to consider the
possibility of promoting the “best practices” of some such countries or groups thereof to the
benefit of others as a step toward the elaboration of “next practices”.
31.
In reality, however, it is not always easy to translate good intentions in the capitals
of advanced countries into measures that safeguard human rights in the day-to-day life of
remote communities in the developing world. Thus, the introduction of financial coercive
measures such as a ban on the use of international interbank financial telecommunications
or a measure undermining the principle of immunity of a central bank’s assets can, because
of their indiscriminate character, be tantamount to the reintroduction of comprehensive
sanctions. Likewise, the superimposition of targeted unilateral coercive measures on
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