A/HRC/37/311721424
measures to prevent third States from adopting unilateral coercive measures in violation of
international human rights law. Such measures were not conducive to the effective
implementation of the Vienna Declaration and Programme of Action and the Sustainable
Development Goals.
43.
Some participants presented concrete proposals with regard to resources and the
compensation necessary to promote accountability and reparations. All mechanisms of the
Human Rights Council, including treaty-based mechanisms, Charter-based mechanisms and
the universal periodic review mechanism, should be used to address and redress violations
of human rights caused by unilateral coercive measures.
44.
Many called for the creation of a dedicated mechanism of the United Nations human
rights system to ensure accountability and reparations. The aim of the mechanism would be
to prevent the application of new unilateral coercive measures, to mitigate the effects of
those in place, and to provide full reparation through restitution, compensation and
satisfaction. It could be an ad hoc or permanent body, adopted by the Human Rights
Council through a regular resolution, a declaration or a separate treaty. Delegates also
suggested the creation of a central registry to document violations of human rights as a
consequence of unilateral coercive measure. The said mechanism and the central registry
would be instrumental in the promotion of principles and guidelines to prevent further
adverse effects on human rights caused by unilateral coercive measures. They would also
contribute to democratic control of the exercise of political or economic power that affected
people’s lives, assessing whether it was compatible with the purposes of the Charter.
45.
The participants in the discussion explored what a possible mechanism or body for
efficient and effective redress for victims affected by unilateral coercive measures and to
promote accountability would look like. Some wondered which specific steps would be
necessary to create such a mechanism to avoid vetoes by powerful States that impose such
measures. Other questions were concerned with the absence, insufficiency or ineffective
nature of existing mechanisms, the negative impact of unilateral coercive measures on an
international democratic order and on the sovereignty of States, and the prospects of
reparations for those whose human rights had been affected by such measures.
C.
Responses from panellists
46.
The Special Rapporteur on the negative impact of unilateral coercive measures on
the enjoyment of human rights emphasized the diplomatic ambiguity of the treatment of
unilateral coercive measures in official documents, entailing different interpretations from
developing and developed countries. Some States had the view that unilateral coercive
measures violated international law, while others argued that no such presumption existed.
He noted that all States, whether developed or developing, should express their views to
permit the gradual achievement of a common understanding. He referred to
extraterritoriality as an issue on which there was a fair amount of consensus, based on
official European Union policy. International human rights law should be able to protect
people in peace time at least as much as international humanitarian law protected people in
war time. He also recalled that recently, by proclaiming the Sustainable Development
Goals, all States had renewed their commitment to the rule of law, nationally and
internationally. Since existing mechanisms were not effective enough to address the
negative impact of unilateral coercive measures on human rights, the best option was to
prevent the adoption of such measures.
47.
Alena Douhan regretted the fact that debates on the issue of unilateral coercive
measures focused too much on policy rather than on the rule of law. The rule of law had to
be protected at the international level. To do so, the legal definition of unilateral coercive
measures could clarify much of the political controversies surrounding them. Targeted
sanctions were a violation in themselves, given that they did not provide procedural
guarantees. On the other hand, not all attempts to influence other States were illegal; for
example, counter measures could be adopted under the framework of existing international
law. There were mechanisms to address reparations; they did not, however, function as they
should, and effective mechanisms will not be possible until there was real dialogue on the
matter between all parties concerned.
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