A/HRC/39/54
10.
The present Declaration is without prejudice to the procedural and substantive
requirements arising from the legal regime of countermeasures in the sense of the
International Law Commission’s Draft Articles on the Responsibility of States for
internationally wrongful acts.1
11.
When comprehensive embargoes coupled with secondary sanctions aimed at the
economic isolation of the target country produce effects comparable with those of a
wartime blockade, the relevant rules of international humanitarian law applicable to
blockade, as well as the general requirements of necessity, proportionality and
discrimination and the prohibitions of starvation and collective punishment, should become
applicable mutatis mutandis.
C.
Mitigation: Universally/Generally accepted rules of behaviour
12.
Pending the total removal and termination of all existing unilateral coercive
measures and renunciation to their use, all efforts should be made to mitigate the adverse
effect of unilateral sanctions on human rights;
13.
The transitional period preceding the total removal and termination of all existing
unilateral coercive measures and renunciation to their use should be shortened to the
greatest extent possible.
14.
During the transitional period, the following universally accepted rules of behaviour
shall be asserted to mitigate the adverse impacts of unilateral sanctions:
(a)
The parties considering the implementation of unilateral sanctions are under
an obligation to conduct a transparent human rights impact assessment (HRIA) of the
measures envisaged, before sanctions are applied, and to monitor on a regular basis, as long
as sanctions remain in force, the effects of implementation of the measures, including as
regards their adverse effects on human rights; there should be effective mechanisms in
place at national level to ensure that State authorities in charge of sanctions programmes
adjust or change the sanctions regime with a view to preventing human rights violations
identified through HRIAs;
HRIAs should allow for the effective public participation of the populations affected
by sanctions, and ensure that information gathered be made publicly (and widely) available.
NGOs and international organizations may also conduct HRIAs of sanctions
programmes, especially in cases where the State enacting sanctions fails to conduct such
assessment.
HRIAs should also be conducted in cases of sanctions imposed by groups of States
or regional organizations.
(b)
The parties implementing unilateral sanctions are under an obligation to
ensure effective humanitarian exemptions mechanisms whose effectiveness can be gauged
by target country institutions, both governmental and non-governmental, for satisfying
basic human rights and essential humanitarian needs;
(c)
There must be an end to the politicization of what was intended to be a purely
technical interbank international financial transfer mechanism, whose manipulation in the
form of selective exclusion is tantamount to re-introducing comprehensive sanctions on
targeted countries;
(d)
Mechanisms to guarantee due process, and the availability of judicial review
for obtaining remedies and redress for unilateral coercive measures, should be available to:
1.
Impacted groups whether the impact is intended or unintended (by
comprehensive or sectoral sanctions), and
1
A/56/10.
19
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