A/HRC/31/82
Charter of the United Nations that create obstacles to trade”; the question remained,
however, whether all unilateral coercive measures should be stopped for not complying
with international law or whether some complied while others did not. The former view
was supported by the Declaration on the Principles of International Law Concerning
Friendly Relations and Cooperation among States in accordance with the Charter of the
United Nations, while the second seemed to tally with the guidelines on implementation
and evaluation of restrictive measures of the European Union, which stressed that “the
introduction and implementation of restrictive measures must always be in accordance with
international law”. Which criteria were actually used to determine whether a specific
measure complied with international law, and what the consequence would be when a
measure was found to be compliant but had egregious consequences for human rights, was
still unclear. Determining the seriousness of the said consequences was, for the mandate,
closely interrelated with the issue of legality.
16.
The Special Rapporteur pointed out that the issue of legality was not yet ripe for a
solution that could open the way for a ground-breaking decision that took the Final Act of
the Conference on Security and Cooperation in Europe 1975 as a template.1
17.
The Special Rapporteur stated that Article 55 (c) of the Charter of the United
Nations called for “universal” respect of human rights, meaning that all States should
observe them in their domestic affairs as well as on the territory of other States through
their own unilateral coercive measures. In its resolution 60/251, the General Assembly
made the same point in deciding that the Human Rights Council should be “responsible for
promoting universal respect for the protection of all human rights”. As far back as 1981, the
Human Rights Committee had stated that “it would be unconscionable to so interpret the
responsibility under article 2 of the Covenant on Civil and Political Rights as to permit a
State party to perpetrate violations of the Covenant on the territory of another State, which
violations it could not perpetrate on its own territory”. 2 A number of source States were
nonetheless of the opinion that possible “violations of human rights on the territory of
another State” did not fall within the mandate of the Human Rights Council.
18.
In the light of the described recent advances and remaining challenges, the Special
Rapporteur advocated for a pragmatic approach, starting with the simpler challenges before
moving on to more conceptual issues. Firstly, he suggested that, given the lack of clarity in
the data currently available, the establishment of a “clearing house” or registry for
unilateral coercive measures within the United Nations be considered. To that end, the
Human Rights Council would need to request the Secretary-General to establish and
maintain a universal non-discriminatory registry, similar to the one established by the
General Assembly in its resolution 46/36, for conventional arms. Secondly, he advocated
for the formulation of parameters for an objective assessment of the adverse impact of
unilateral coercive measures on the most vulnerable groups. Thirdly, he proposed
reconciling the progress made in some source States with universality principles, and
persuading other States to sign on, whether in terms of United Nations guidelines or in the
form of appeal and review mechanisms, and establishing a reality check. Finally, he called
for global coherence to unilateral coercive measures in a way that would effectively reduce
their adverse impact on human rights and promote consistency with Security Council
multilateral sanctions.
1
Under section VI on “Non-intervention in internal affairs” of the Final Act, States pledged “in all
circumstances [to] refrain from any other act of military, or of political, economic or other coercion
designed to subordinate to their own interest the exercise by any other participating State of the rights
inherent in its sovereignty and thus to secure advantages of any kind”
2
A/36/40, Sergio Euben Lopez Burgos v. Uruguay, communication no. R.12/52, para. 12.3.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents