A/HRC/37/311721424
20.
According to Ms. Douhan, steps should be taken at the highest level, such as by
means of a General Assembly resolution, to prevent the adoption and application of
unilateral coercive measures. When a State sought to change the behaviour of another State
leading to a dispute between them, it should seek a settlement through any peaceful means
available, for example, the Dispute Settlement Body of the World Trade Organization,
which addresses the application of economic sanctions.
21.
The whole system involving the application of targeted sanctions should be amended
to ensure that it offers guarantees of due process. Criminal or administrative proceedings
should be started immediately by the targeting State with simultaneous submission of
information about the party concerned to the Security Council (or the European Council in
the case of restrictive measures applied by the European Union). Targeted sanctions should
be lifted if the party concerned was acquitted.
22.
Ms. Douhan concluded by pointing out that natural or legal entities should be able to
have recourse to relevant bodies that are able to decide whether a given act falls within the
scope of unilateral coercive measures, and order, if applicable, a response or compensation
from the State responsible.
23.
Jean Ziegler, a member of the Advisory Committee, pointed out that unilateral
coercive measures generally violated economic, social and cultural rights, as well as the
right to autonomous development, an opinion expressed by the Advisory Committee in a
study issued some years earlier. He underlined how unilateral coercive measures constantly
violated the human rights of people living in States subjected to sanctions. The Advisory
Committee had concerned itself mainly with the way unilateral coercive measures
functioned and the way they were technically implemented. The sanctions operated on three
levels, on an ongoing basis, regardless of the State on which they were imposed. Firstly,
there was an assault on the foreign relations of the State targeted. Secondly, the State
deploying the sanctions interfered in the national economic, social and political policies in
the State on which the sanctions had been applied. Thirdly, a press campaign also
accompanied and tried to justify the sanctions.
24.
Mr. Ziegler referred to the case of unilateral coercive measures applied by the
United States of America on the Bolivarian Republic of Venezuela. The measures adopted
by the President of the United States of America, Donald Trump, on 24 August 2017
affected the State’s access to financial markets. The measures had been accompanied by
interference in national politics and the economy, and by a press campaign to legitimize the
unilateral coercive measures. Mr. Ziegler also drew a parallel between the circumstances
surrounding the overthrowing of the democratically elected Government of Chile in 1973 at
the three levels with contemporary unilateral coercive measures.
25.
Mr. Ziegler welcomed the work of the Special Rapporteur on the negative impact of
unilateral coercive measures on the enjoyment of human rights and his proposal to establish
a commission to regulate and put an end to unilateral coercive measures once and for all.
26.
In his statement, the Independent Expert on the promotion of a democratic and
equitable international order, Alfred de Zayas, affirmed that the imposition of unilateral
coercive measures threatened the realization of a democratic and equitable international
order. These measures had been shown to cause immense harm to the world’s most
vulnerable populations, while granting disproportionate leverage to the powerful. In an
interconnected and unsteady world, the unilateral actions of a single State could have a
negative impact on the realization of rights across the globe. The ability of States to fulfil
their economic, social and cultural rights obligations was hampered when unilateral actions
disturbed the provision of public services or the maintenance of vital infrastructure. Human
rights and humanitarian actors had raised concern about the particular harm that unilateral
measures had inflicted on historically marginalized groups. That was why such measures
had been condemned by a majority of States on a regular basis and in a number of different
international forums.
27.
The Independent Expert underlined how the contributory nature of unilateral
coercive measures to ongoing human rights situations, including those related to the supply
of weapons to armed groups, the blockade of Gaza and the targeted killings of non-State
actors, touched the fundamental United Nations pillar of international peace and security.
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