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
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