A/HRC/45/7
violations, cases affecting a particular group or community, and the content of draft or
existing legislation, policy or practice considered not to be fully compatible with
international human rights standards.
B.
Cooperation with civil society
90.
The Special Rapporteur believes that cooperation with civil society should not be
limited to complaint procedures. Cooperation with relevant non-governmental
organizations is a valuable means of obtaining up-to-date information about emerging and
evolving human rights issues arising from the imposition of sanctions. Cooperation with
large non-governmental organizations that operate internationally, address the range of
human rights and also carry out research (Amnesty International, Human Rights Watch
etc.) can be particularly useful, while cooperation on specific human rights issues affected
by coercive measures can be developed with organizations that focus on those issues.
91.
The Special Rapporteur notes the importance of the work done by academic
institutions in terms of monitoring, researching and developing the legal understanding of
the problem of sanctions and unilateral coercive measures and the effects of sanctions on
the enjoyment of human rights. This includes not only academic work but also sanctions
registries. Research on sanctions by scholars at Kiel University and Konstanz University of
Applied Sciences in Germany and Drexel University in the United States, 64 for example,
has led to the creation of databases that vary by types of sanction and time periods studied.
Other databases, such as the targeted sanctions consortium database of the Graduate
Institute of Geneva, are projects of the institutions themselves. 65 The Special Rapporteur
welcomes cooperation with scholarly institutions, research groups and individual experts as
part of civil society and believes that academics can play an important role in monitoring
the impact on human rights of unilateral sanctions, identifying and interpreting the
international laws applicable to their use and establishing the sanctions reference tool
referred to below.
C.
Sanctions reference tool
92.
The current situation is exacerbated by the complexity of the subject, the multitude
of targets and types of sanctions and the complexity, opaqueness and confusing character of
existing legislation. The absence of a comprehensive registry of sanctions adds to the
challenge. Both international organizations and States maintain registries of sanctions
imposed by them (see, e.g., the European Union sanctions map, the United States sanctions
list and the United Kingdom sanctions guidance), which are often not easy to navigate. 66
Some databases have been established and maintained by scholars (see, e.g., the targeted
sanctions initiative of the Graduate Institute of Geneva) but none of these is official. As a
result, both international and national companies quite often have to pay risk assessment
companies (see, e.g., LexisNexis Risk Solutions, the Payoneer Blog and the Association of
Certified Sanctions Specialists). This approach prevents individuals and companies of the
targeting, targeted and third States from being involved in the interaction. In particular, it
has been reported that foreign companies refuse to deal with Syrian banks even if they are
not on a list of sanctioned entities.
93.
The absence of a comprehensive sanctions registry is in part due to the lack of an
international legal obligation for States to be transparent about their sanctions or, by
extension, about enforcement processes and penalties. One result is that it is unclear at
times whether a Government’s announcement or threat of sanctions reflects actual
legislation or regulations or is political rhetoric, in which case the latter may have the effect
64
65
66
16
Gabriel Felbermayr and others, “The Global Sanctions Data Base”, 14 October 2019.
See https://graduateinstitute.ch/research-centres/global-governance-centre/targeted-sanctionsinitiative.
See www.sanctionsmap.eu/#/main; https://sanctionssearch.ofac.treas.gov/; www.gov.uk/guidance/uksanctions.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents