A/HRC/28/74 fundamental rights are guaranteed to the citizens of Pakistan by international treaties, including the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. VI. Potential mechanisms to assess the negative impact of unilateral coercive measures and to promote accountability 43. In exploring the mechanisms that can be used to assess the negative impact of unilateral coercive measures and/or to mitigate their adverse impact on human rights, it is essential to point out from the outset that the possible mechanisms considered in the present study would, for obvious reasons, be focused on the relevant human rights bodies because of their greater and more specialized expertise in human rights. The human rights bodies were specifically established with the aim of promoting and protecting all human rights, as well to ensure that human rights obligations incorporated into international human rights instruments and those assumed by States are respected. 44. Accordingly, non-human rights oriented bodies, such as the World Trade Organization, are excluded from the scope of the present study since their mandate is not directly related to the promotion of human rights. 45 The General Assembly and the Security Council may be considered potential mechanisms for this purpose given that they have frequently dealt with the potential impact of sanctions on human rights, including unilateral coercive measures. However, neither body seems to be an appropriate mechanism, since they are more political and their experience to date reflects difficulties in balancing unilateral coercive measures with human rights. 46 45. In general, United Nations human rights bodies may be categorized into two broad types: treaty-based bodies, on the one hand, and their Charter-based counterparts, on the other. The relevant treaty-based bodies include the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child, the Committee on Economic, Social and Cultural Rights and the Human Rights Committee.47 The Charterbased bodies include the Human Rights Council and its mechanisms and procedures, such as the universal periodic review mechanism, the complaint procedure and the special procedures. 46. Owing to the multiplicity of treaty-based and Charter-based human rights bodies and their different characteristics and mandates, it would be necessary to examine further some of the main considerations, challenges and opportunities that may be taken into account in identifying the most suitable candidate to take on the role of assessing the adverse impact of unilateral coercive measures on the enjoyment of human rights and to promote accountability in this regard. A. Challenge of territorially and jurisdictionally limited obligations 47. Given that unilateral coercive measures are imposed by one State on another or against persons of another State, one issue that arises is whether treaty-based bodies would 45 46 47 See Tilahun Weldie Hindeya, “Unilateral trade sanctions as a means to combat human rights abuses: legal and factual appraisal”, Mizan Law Review, vol. 7, No.1 (2013), pp. 108–116. See Sokol Braha, “The Changing Nature of U.S. Sanctions against Yugoslavia”, Michigan State University Journal of International Law, No. 8 (1999), p. 273. See Philip Alston and Ryan Goodman, International Human Rights (New York, Oxford University Press, 2013), pp. 691–693. 13

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents