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.
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