A/HRC/31/82
with regard to the enjoyment of economic, social and cultural rights, arguing for the need to
inject a human rights dimension into deliberations on this issue. The challenges highlighted
by the Committee included significant disruptions in the distribution of food,
pharmaceuticals and sanitation supplies and clean drinking water, severely interfering with
the functioning of basic health and education systems, and undermining the right to work.
7.
The mandate of the special procedure on examining the negative impact of unilateral
coercive measures, created by the Human Rights Council in 2014, had provided an
opportunity to consider the adverse implications of unilateral coercive measures on the
enjoyment of human rights. The biennial panel discussion would allow the Council to
discuss the various aspects of this debate, also with regard to whether there was a need to
develop basic principles, guidelines and mechanisms to assess and mitigate the adverse
impact of unilateral coercive measures on human rights.
III.
Summary of the proceedings
8.
During his initial remarks as moderator, Mr. Kazem Sajjadpour stated that sanctions
and unilateral measures were usually used against developing countries as an easy solution
for international disputes, in what seemed to be a “sanctions industry” in developed
countries that currently affects more than 90 countries. He drew attention to what he
described as the importance of assessing carefully the impact of these measures on the lives
of people. The impact of unilateral coercive measures on human rights raises significant
questions that need to be addressed, including the legality, morality and legitimacy of such
measures. The possibility of legal remedy and redress for negative human rights
implications caused by unilateral coercive measures should be considered.
A.
Contributions of panellists
9.
The Vice-Chairperson of the Committee on Economic, Social and Cultural Rights,
Aslan Abashidze, affirmed that unilateral coercive measures lacked any legitimacy from the
viewpoint of contemporary international law. He drew an analogy with international
humanitarian law, where the issue of the legality of the use of force in international
relations is decided by international law: the use of force in violation of the dispositions of
the Charter of the United Nations is qualified as a crime against peace, with all the ensuing
international legal consequences. In that context, any attempt to present unilateral coercive
measures as not only legitimate but even permitted in exceptional cases goes against the
mandatory provisions of the Charter.
10.
Mr. Abashidze argued that unilateral coercive measures taken by individual States or
regional associations violated the authority of the Security Council, as enshrined in Articles
39, 41 and 42 of the Charter, as well as Articles 103 and 53, which read that “no
enforcement action shall be taken under regional arrangements or by regional agencies
without the authorization of the Security Council”. According to the General Assembly in
its resolution 2625 (XXV), unilateral coercive measures violated the principle of noninterference in the internal affairs of sovereign States. Unilateral coercive measures taken
outside the framework of the Charter are not only illegal but also pose a threat to the
collective security system based on the principles and norms of contemporary international
law. Unilateral coercive economic measures applied with the objective of weakening or
destroying the competitiveness of the economies of targeted countries should also be
qualified as a violation of the mandates of the World Trade Organization.
11.
The Vice-Chairperson of the Committee on Economic, Social and Cultural Rights
described the wide awareness of global and regional human rights bodies that unilateral
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents