A/HRC/36/44 I. Introduction 1. The present report is submitted by the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, Idriss Jazairy, pursuant to Human Rights Council resolutions 27/21, 30/2 and 34/13. 2. The General Assembly, in its resolution 70/151, and the Human Rights Council, in its resolution 30/2, requested the Special Rapporteur to focus on the negative impact of unilateral coercive measures on the enjoyment of human rights of victims and to address the issues of remedies and redress with a view to promoting accountability and reparation in his next reports to the two bodies. 3. Pursuant to these requests, the Special Rapporteur, in his report to the General Assembly at its seventy-first session (A/71/287), focused on issues of remedies and redress for victims of unilateral coercive measures. The report included a review of conceptual aspects of the remedies for violations of human rights caused by unilateral coercive measures in general international law, international human rights law and international humanitarian law. The report was drafted in parallel with, and intended to be read in conjunction with, the report that the Special Rapporteur had earlier submitted to the Human Rights Council (A/HRC/33/48), which presented a preliminary review and evaluation of the various mechanisms actually or potentially available to States and to individuals affected by unilateral coercive measures to enable them to seek remedy and redress. 4. In his report to the General Assembly at its seventieth session (see A/70/345, para. 56 (a)), the Special Rapporteur proposed the creation of a register of unilateral coercive measures likely to have a human rights impact, to be maintained and updated by the Secretary-General. In his previous report to the Human Rights Council and his report submitted to the General Assembly at its seventy-first session (A/71/287), he called upon the two bodies to restate in a solemn manner, through a declaration, the right of victims to an effective remedy, including appropriate and effective financial compensation, in all situations where their human rights were adversely impacted by unilateral coercive measures. 5. The General Assembly, in its resolution 71/193, took note with interest of the proposals contained in the report of the Special Rapporteur and requested him to include in his report to the General Assembly at its seventy-second session more information on the discussion of his proposals at the Human Rights Council. 6. The Human Rights Council, in its resolution 34/13, requested the Special Rapporteur to continue to pay special attention and identify immediate solutions to the negative impact of unilateral coercive measures on the enjoyment of human rights of victims, and to focus, in his next reports to the Human Rights Council and to the General Assembly, on the resources and compensation necessary to promote accountability and reparations for victims. 7. In the present report, therefore, the Special Rapporteur focuses on the identification of possible mechanisms to ensure the availability of efficient remedies and redress for victims of unilateral coercive measures. The report begins by summarizing the status of his proposals regarding the establishment of a United Nations register of unilateral sanctions likely to have a human rights impact and the adoption of a declaration on unilateral coercive measures and the rule of law. Then, in the light of the findings of his previous report (see A/HRC/33/48, paras. 48-50 and 74), he elaborates on the possible features of a compensation commission that might be established to provide remedies for victims of unilateral coercive measures. He also addresses certain relevant issues raised by the practice of extraterritorial sanctions, as well as issues regarding the extraterritorial character of human rights obligations of States. The present report will be supplemented by the report on the same topic that the Special Rapporteur will submit to the General Assembly at its seventy-second session. 8. The Special Rapporteur welcomes any comments, information and suggestions that governments, non-governmental organizations and any other interested parties may provide 3

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