A/HRC/43/36
application of unilateral coercive measures. In that regard, the Special Rapporteur’s
proposal that the International Law Commission be called upon to consider the issue of the
obligation not to recognize unlawful situations arising from the imposition of unilateral
coercive measures was very pertinent (ibid., para. 53).
27.
Concrete actions and meaningful initiatives needed to be taken. An effective
mechanism should be set up to help mitigate the impact of unilateral coercive measures. For
example, a special representative of the Secretary-General could be appointed to address
the matter and a special mechanism for the victims of unilateral coercive measures could be
established. The measures necessary to implement the resolutions of the Human Rights
Council on an international normative framework on unilateral coercive measures and the
rule of law should be accelerated.
28.
States that kept imposing sanctions should be held to account, including during the
universal periodic review. All relevant human rights treaty bodies should mainstream, in
their activities, issues related to the negative impact of unilateral coercive measures on the
enjoyment of human rights. Moreover, they should include monitoring human rights
violations associated with such measures and promoting accountability for those
responsible for human rights violations resulting from unilateral coercive measures as
standing items on their agendas.
29.
OHCHR should be sufficiently well equipped to provide affected countries with the
technical assistance and advisory services needed to prevent, minimize and provide redress
for the adverse effects of unilateral coercive measures on human rights.
III. Summary of the proceedings
30.
In his opening remarks, Mr. Valero invited the panellists to address a number of
issues, including the issue of whether there was any difference between sanctions and
unilateral coercive measures. He also asked whether all unilateral coercive measures were
prohibited under international law, whether a definition of unilateral coercive measures
needed to be included in a future United Nations declaration on the matter and what
challenges States imposing sanctions on other States and ordinary people faced under
international law. He then asked the panellists to elaborate on whether international law
currently allowed for the employment of unilateral coercive measures and how making
unilateral coercive measures illegal through a proposed United Nations declaration and
possible treaty on the same matter could contribute to the protection and promotion of
human rights and fundamental freedoms. Mr. Valero also asked whether the panellists
considered unilateral coercive measures to represent a challenge for the implementation of
2030 Agenda for Sustainable Development and the Sustainable Development Goals and
whether the adoption of a United Nations declaration on unilateral coercive measures was
important for achieving the purposes and objectives of the 2030 Agenda.
A.
Contributions of panellists
31.
The three panellists agreed and affirmed that all unilateral coercive measures were
illegal and contrary to international law. States that used such measures must be held
accountable, not only for hindering the realization of a democratic and equitable
international order, the achievement of the purposes and objectives of 2030 Agenda and the
enjoyment of an array of human rights, but also for violating the Charter of the United
Nations and international law, in particular the principles of non-intervention, selfdetermination and the independence of States. A future United Nations declaration would
constitute a timely response by the majority of the international community to stopping
mass atrocities and serious human rights violations, as well as to creating an international
legal framework for enforcing the accountability of perpetrators.
32.
Ms. Douhan recalled that, since 2013, the United Nations had taken concrete steps to
deal with the human rights violations caused by unilateral coercive measures. For example,
the Human Rights Council had decided, in its resolution 27/21, to appoint the Special
Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of
human rights and to organize a biannual panel discussion on the matter. Subsequently, the
Council had repeatedly reaffirmed the illegal character of unilateral measures taken by
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