A/HRC/42/46/Add.1
Introduction
The Secretariat has the honour to transmit to the Human Rights Council the updated text of
Elements for a draft General Assembly declaration on unilateral coercive measures and the
rule of law, which was prepared by Special Rapporteur on the negative impact of the
unilateral coercive measures on the enjoyment of human rights, Idriss Jazairy, pursuant to
Council resolution 40/3. The present version is the third and the latest version of the Elements
for a draft General Assembly declaration on unilateral coercive measures and the rule of law
submitted to the Council by the current mandate holder.
A.
Basic facts
1.
Resolution 34/13 adopted by the Human Rights Council on 24 March 2017 “urged all
States to refrain from imposing unilateral coercive measures, also urged the removal of such
measures, as they are contrary to the Charter and norms and principles governing peaceful
relations among States at all levels, and it should be recalled that such measures prevent the
full realization of economic and social development of nations while also affecting the full
realization of human rights”.
2.
Unilateral coercive measures have a tendency to remain in force irrespective of the
achievement of its purported objective.
3.
Unilateral coercive measures requiring extraterritorial application to third parties of
laws adopted by a source country against a target country, and which call for secondary
sanctions on such third parties in case of non-compliance, are unlawful under international
law.
4.
Unilateral coercive measures in a number of cases entail severe adverse impacts on
the enjoyment of human rights of targeted populations and individuals, have often proven to
be inefficient, and are most likely to entail unintended effects in the form of adverse human
rights impacts on non-designated third parties.
B.
Basic principles
5.
In compliance with article 41 of the UN Charter, the Security Council should be
recognised as having the exclusive right to impose economic financial and other non-forcible
measures on targeted states or individuals and this is for the purpose of giving effect to its
decisions. Accordingly unilateral coercive measures should be phased out as early as
possible starting with those found to have the most egregious effects in terms of denials of
human rights;
6.
The extraterritorial application to third parties of laws adopted by source countries to
sanction a target country and which call for secondary sanctions on such third parties in cases
of non-compliance, should not be recognised by third parties through the generalisation of
“Blocking statutes” and should be phased out;
7.
Whilst targeted States have a responsibility to mitigate the adverse human rights
impact of unilateral sanctions imposed by source countries, the latter are also accountable for
any adverse effects on human rights occurring in target countries, even if such effects are
unintended, to the extent that “when an external party takes upon itself even partial
responsibility for the situation within a country (whether under Chapter VII of the Charter or
otherwise), it also unavoidably assumes a responsibility to do all within its powers to protect
the economic, social and cultural rights of the affected population” (Committee on Economic,
Social and Cultural Rights, General Comment No. 8 on the relationship between economic
sanctions and respect for economic, social and cultural rights, E/C.12/1997/8, para. 13).
8.
The inhabitants of a given country do not forfeit basic economic, social and cultural
rights by virtue of any determination that their leaders have violated norms of international
peace and security, as affirmed by the Committee on Economic, Social and Cultural Rights
in its general comment No. 8 on the relationship between economic sanctions and respect for
economic, social and cultural rights (See E/C.12/1997/8, para. 16).
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