A/HRC/39/54
Zimbabwe
12.
On 2 March 2018, the United States of America extended its sanctions regime on
Zimbabwe until 2019.5 The European Union had already on 12 February 2018 renewed its
restrictive measures on Zimbabwe for another year. The Special Rapporteur expresses
concern that sanctions were applied to certain politicians in Zimbabwe during the national
elections in July 2018 as an unnecessary coercive measure that negatively affected the right
of Zimbabweans to choose their own political future.
IV. The case for a draft United Nations declaration and
guidelines on sanctions and human rights
13.
In his previous report to the Human Rights Council, the Special Rapporteur
proposed, inter alia, elements of a draft General Assembly declaration on unilateral
coercive measures and the rule of law (see A/HRC/36/44, annex, appendix II). In addition
to a series of basic principles regarding unilateral sanctions, the draft text included
“universally/generally accepted rules of behaviour” to be applied by States during the
transitional period preceding the abolition and elimination of unilateral sanctions, with a
view to mitigating their adverse human rights consequences. The Special Rapporteur
wishes to clarify here the contents and scope of certain of the accepted rules of behaviour
that the General Assembly should reaffirm. That is in response to the demand formulated
by the Human Rights Council in its resolution 37/21, requesting the Special Rapporteur,
“taking into account the views of Member States, to identify a set of elements to be
considered, as appropriate, in the preparation of a draft United Nations declaration on the
negative impact of unilateral coercive measures on the enjoyment of human rights, and to
submit those elements to the Human Rights Council in his next report”. Further to the
request he sent to all Member States for comment on 10 May, the Special Rapporteur
appeals to interested States to engage on the issue during the interactive dialogue for the
present report. The updated elements of the draft declaration are set out in the annex to the
present report.
Human rights impact assessments of sanctions
14.
Among the elements of the draft declaration, is the rule that, without prejudice to the
standing of unilateral coercive measures, or lack thereof, in regard to international law, a
human rights impact assessment is to be conducted before sanctions are applied (and as
long as sanctions remain in force), formulated as follows: “The parties implementing
unilateral sanctions are under an obligation to conduct a transparent human rights impact
assessment of the measures envisaged, and to monitor on a regular basis the effects of
implementation of the measures, including as regards their adverse effects on human rights”
(see A/HRC/36/44, annex, appendix II, para. 13 (a)).
15.
Human rights impact assessments in general are instruments for examining policies,
legislation, programmes and projects to identify and measure their effects on human rights. 6
The use of comprehensive human rights impact assessments should always be a
prerequisite in the design of sanctions measures, all the more so since international
sanctions have repeatedly been identified as triggering adverse effects on human rights. 7
They should be conducted by the relevant authorities of the State designing a sanctions
regime, but could also be conducted by non-governmental organizations (NGOs) and
international organizations, especially in cases where the responsible State(s) fail(s) to
conduct such an assessment.
5
6
7
See www.federalregister.gov/documents/2018/03/05/2018-04628/continuation-of-the-nationalemergency-with-respect-to-zimbabwe.
See Nordic Trust Fund and World Bank Group, “Human rights impact assessments: a review of the
literature, differences with other forms of assessments and relevance for development” (2013).
For selected examples of the adverse human rights impacts of sanctions, see, for example, A/70/345,
paras. 10–47.
5
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