A/HRC/36/44
on Civil and Political Rights). It was suggested that sanctions should also be tested in the
context of the Universal Periodic Review of the Human Rights Council. Another participant
examined the relevance of the work of the International Law Association on Reparation for
Victims of Armed Conflict, stressing that all victims of human rights violations are entitled
to access to mechanism for reparations. Several participants stressed the importance of the
right of access to a court, as called for by Article 6 of the European Convention on Human
Rights and other instruments.
4.
The second session focused on the United Nations Register of unilateral sanctions
likely to have a human rights impact. The possible institutional features and practical
modalities of functioning of such mechanism were extensively discussed, and participants
generally agreed that such Register could possibly under certain conditions benefit from
wide acceptance from the international community. The relevance of the United Nations
Register of Conventional Arms as a possible precedent was examined, as well as possible
guidance to be drawn from the practical operation of the Sanctions Committee and the
Ombudsperson of the Security Council ISIL/Al Qaeda sanctions regime, and from the
experience of the Committee on Economic, Social and Cultural Rights in relation to
sanctions. Participants generally shared the view that unilateral sanctions were primarily to
be reported (including information about the alleged impact on human rights of the
measures) by targeted States, although reporting by targeting State was also possible. The
depository of the Register would then notify the targeting state of the allegation by the
targeted state of the alleged impact on human rights of the measures, and invite the
targeting state to respond to the allegation and to include in the response, information on
whether it has conducted an assessment of the possible inadvertent (or unintended) impact
on human rights of the measures, and if so provide the result of such assessment, and
whether it has taken any steps to mitigate such impact. It was also suggested that a focal
point should be created by States for civil society organizations to be able to interact with
their respective Government as regards possible notification of unilateral sanctions for
inclusion in the Register. Also, the inclusion of a potential dispute settlement mechanism
associated with the Registry was discussed, as well as the possibility that such dispute
settlement mechanism be entitled to rule on reparation claims for adverse impact of
sanctions on human rights.
16
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