A/HRC/19/33
38.
The High Commissioner for Human Rights notes that even carefully targeted
sanctions imposed to end gross human rights violations, as part of a wider diplomatic effort
and preferably in a multilateral framework, must be subject to stringent conditions. 47 They
must be imposed no longer than necessary, be proportional and be subject to appropriate
human rights safeguards, including human rights impact assessments and monitoring
conducted by independent experts. In particular, the positive impact that sanctions imposed
with the objective of protecting human rights can be reasonably expected to have must
outweigh the negative impact, taking into account the views of the population suffering
under the human rights violations that gave rise to the sanctions and the impact on the most
vulnerable parts of society. In this context, it has to be borne in mind that targeted sanctions
aimed at applying pressure on specific decision-makers bearing responsibility for the
human rights situation typically have a less harmful impact on the population as a whole
than measures targeting the economy as a whole.
V. Recommendations
39.
The actions of States in the international arena must be consistent with
customary international law principles and the Charter of the United Nations as also
interpreted by the International Court of Justice.
40.
States must refrain from adopting unilateral coercive measures that breach
their human rights obligations under treaty or customary international law.
41.
All States Members of the United Nations should avoid the application of any
coercive measures having negative effects on human rights, particularly on the most
vulnerable. Where such measures are imposed, explicit safeguards to protect human
rights are imperative.
42.
States are urged to adopt measures ensuring that essential supplies, such as
medicines and food, are not used as tools for political pressure, and that under no
circumstances should people be deprived of their basic means of survival. These
considerations should also apply in the case of an armed conflict, in accordance with
international humanitarian law. As overly broad coercive measures may breach the
most basic human rights, every effort must be made to limit such measures.
47
See Committee on Economic, Social and Cultural Rights, general comment No. 8, para. 1: “The
Committee does not in any way call into question the necessity for the imposition of sanctions in
appropriate cases in accordance with Chapter VII of the Charter of the United Nations or other
applicable international law. But those provisions of the Charter that relate to human rights (Articles
1, 55 and 56) must still be considered to be fully applicable in such cases.” See also the report of the
Special Rapporteur on the right to food on his mission to Madagascar (A/HRC/19/59/Add.4, para.
51), in which the Special Rapporteur takes the position that sanctions, even where otherwise
legitimate, must comply with human rights, protect the essential core of economic, social and cultural
rights, and include relevant humanitarian exceptions and procedural safeguards.
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