A/HRC/39/54
16.
Human rights impact assessments of sanctions programmes should be conducted ex
ante, that is before the measures are enacted, aim to measure the potential future effects of
such measures on human rights and possibly adjust or change the sanctions regime with a
view to preventing human rights violations. Ex post assessments that measure the actual
impact of implemented sanctions through comparisons between the current situation and
the situation before the measures were adopted are also important and monitoring should
remain in place as long as the sanctions programme considered remains in force.
Monitoring should seek to provide answers, inter alia, to the following questions:
(a)
What mitigating measures have been adopted by the duty-bearers to mitigate
any negative effect foreseen by the assessment?
(b)
Have any human rights risks and/or impacts that were foreseen by the
assessment materialized? If so, who were the affected stakeholders? Have the duty-bearers
taken measures to try to mitigate the negative effects of those risks?
(c)
Have there been major human rights risks and/or impacts unforeseen by the
assessment? If so, who were the affected stakeholders?
(d)
Have there been recurring grievances related to the policy intervention? If so,
who were the affected stakeholders?8
17.
Human rights impact assessments of sanctions regimes can be expected to play an
important role in promoting accountability, offering clarity on the scope of human rights
obligations and the extent to which duty-bearers have fulfilled them. Impact assessments
will typically evaluate the extent to which the subject of the evaluation includes effective
accountability mechanisms.9
18.
It is also important that the conduct of human rights impact assessments allows for
effective public participation of the populations affected by sanctions and that the
information gathered be made publicly (and widely) available.
19.
Effective human rights impact assessments should become a non-derogable standard
in cases of sanctions imposed by groups of States or regional organizations. In 2014, the
Council of Europe Parliamentary Assembly adopted a resolution calling on all member
States of the Council to ensure that the international organizations of which they were
members were subject, as appropriate, to binding mechanisms to monitor their compliance
with human rights norms and to ensure that their decisions were enforced. 10 They should
ratify human rights instruments, where possible, and formulate clear guidelines regarding
the waiver of immunity by international organizations or the limitation on the immunity
they enjoy before national courts, in order to ensure that the necessary functional immunity
did not shield them from scrutiny regarding, in particular, their adherence to non-derogable
human rights standards.11
Judicial review and effective remedies
20.
Another fundamental “accepted rule of behaviour” suggested by the Special
Rapporteur is formulated as follows: mechanisms to guarantee due process and the
availability of judicial review for obtaining remedies and redress for unilateral coercive
measures, should be available to:
(a)
sanctions);
8
9
10
11
6
Impacted groups, even if non-targeted (by comprehensive or sectoral
See Nordic Trust Fund and World Bank Group, “Human rights impact assessments: a review of the
literature”.
Ibid.
Council of Europe, Parliamentary Assembly, resolution 1979 (31 January 2014) on the accountability
of international organizations.
See Dinah Shelton, Remedies in International Human Rights Law (Oxford, Oxford University Press,
2015), p. 51.
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