A/HRC/36/44
B.
Mitigation: Universally/Generally accepted rules of behaviour
11.
Pending the total removal and termination of all existing unilateral coercive
measures and renunciation to their use, all efforts should be made to mitigate the adverse
effect of unilateral sanctions on human rights;
12.
The transitional period preceding the total removal and termination of all existing
unilateral coercive measures and renunciation to their use should be shortened to the
greatest extent possible.
13.
During the transitional period, the following universally accepted rules of behaviour
shall be asserted to mitigate the adverse impacts of unilateral sanctions:
(a)
The parties implementing unilateral sanctions are under an obligation to
conduct a transparent human rights impact assessment of the measures envisaged, and to
monitor on a regular basis the effects of implementation of the measures, including as
regards their adverse effects on human rights;
(b)
The parties implementing unilateral sanctions are under an obligation to
ensure effective exemptions for satisfying basic human rights and essential humanitarian
needs;
(c)
There must be an end to the politicization of what was intended to be a purely
technical interbank international financial transfer mechanism, whose manipulation in the
form of selective exclusion is tantamount to re-introducing comprehensive sanctions on
targeted countries;
(d)
Mechanisms to guarantee due process, and the availability of judicial review
for obtaining remedies and redress for unilateral coercive measures, should be available to:
• Impacted groups, though non-targeted (by comprehensive or sectoral sanctions), and
• Individuals and legal persons and entities targeted (by targeted sanctions).
(e)
The basic components of the requirement of due process in relation to
unilateral coercive measures, pending their total elimination, shall be the following:
(i)
Mechanisms and procedures for judicial review of unilateral coercive
measures:
• The factual and legal grounds for the measures have to be disclosed to the concerned
parties;
• The availability of, and the mechanisms and procedures for, a right to appeal/judicial
review, should be made known to the targeted parties upon notification to the
concerned parties;
• Such mechanisms and procedures should allow for a review of the substantive
factual and legal grounds for the unilateral coercive measures, in accordance with
international law and international humanitarian law, as well as in compliance with
internationally recognized procedural standards;
• Such mechanisms and procedures should be in place and available at the same level
(either domestic or international [either regional organization or the United
Nations]) as the source of the unilateral coercive measures concerned; in case of
unavailability of procedures for remedies at the domestic level or at the level of a
group of countries imposing sanctions, the targeted countries or persons should be
entitled to seek remedies by the Committee of the treaty body concerned, i.e.
CESCR;
• Such mechanisms and procedures should be of a judicial nature or at least, for a
transitional period, of the nature of an Ombudsperson or other quasi-judicial
mechanism;
(ii)
Notification of the measures to the parties concerned as soon as practicable,
without affecting the effectiveness of the measures;
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