Background

In her thematic work, in accordance with the scope of the mandate, the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights has repeatedly highlighted the importance of a systematic monitoring and assessment of the humanitarian impact of unilateral sanctions and over-compliance. She also noted the absence of such a mechanism of assessment despite the important steps taken in early 2000s within the UN system.

The Human Rights Council in its resolution 54/15 recognized the importance of developing a methodology to account for and continue to make visible the impact of unilateral coercive measures on the enjoyment of human rights and the need to monitor human rights violations associated with unilateral coercive measure.

Pursuant to Human Rights Council resolutions 27/21 and 45/5 and General Assembly resolution 74/154 and based on the activities of her mandate as well as past work by the UN Inter-Agency Standing Committee (IASC) and the Office for the Coordination of Humanitarian Affairs (OCHA) the Special Rapporteur introduced a preliminary tool for monitoring and assessment of humanitarian impact of unilateral sanctions. Preliminary draft of the tool was shared with various stakeholders in July 2023, along with a call seeking for input.

As a result of that call for input the Special Rapporteur received a number of contributions with comments and proposals regarding the tool’s methodology, structure, principles and indicators, the specific human rights affected as well as targets of unilateral sanctions, be it either countries as a whole and their Governments, or key economic sectors, entities or individuals in those countries. The Special Rapporteur carefully analyzed the received input and proceeded with updating the draft tool.

Objective and outcome

The purpose of the present call is to continue engaging with relevant stakeholders such as states, UN agencies and UN country teams, regional and international organizations, national human rights institutions, civil society, scholars, research institutions to identify the human rights and humanitarian impact of unilateral sanctions and over-compliance with them. 

The findings will inform the Special Rapporteur’s thematic report to be presented to the 57th Session of the UN Human Rights Council in September 2024.

All stakeholders, based on their experience and expertise, are encouraged and kindly invited to review the updated form “Monitoring and assessment of the impact of unilateral sanctions and over-compliance on human rights” and fill the sections for which they could provide valuable input.

The Special Rapporteur also invites inputs from countries / stakeholders from countries which are not directly subjected to unilateral sanctions, but who may be affected by such measures, including as a result of broader neighborhood or regional spillovers.
She also invites sanctioning countries/ stakeholders from such countries to provide inputs on the impact of unilateral sanctions on human rights in the sanctioning countries.

The Special Rapporteur would also welcome possible additional proposals/suggestions on how to further improve Monitoring & Impact Assessment Tool to effectively, timely, fully and systematically assess negative effects of unilateral sanctions on the enjoyment of human rights and to make it visible to the international community.

Key questions and input sought

Besides filling the Monitoring Form, all stakeholders are invited to consider the following questions, as well as other questions they deem relevant for the improvement of Monitoring & Impact Assessment Tool.

1. What difficulties in responding to questions of the assessment tool did you face?
   -  If so, what specific obstacles did you encounter?
   - Did they relate to any specific structural element of the tool (explanatory note/ structure of the tool itself / indicators / methodology)?
   - What blocks / indicators were the easiest to respond?
2. What is the general situation with the monitoring of human rights affected in specific national situations?
   - Are there any difficulties in (obstacles to) monitoring the negative effects of unilateral sanctions?
   - Are there any indicators in the tool that have any intersections with other national statistical indicators (Sustainable Development Goal indicators, Green Growth Indicators etc.)?
3. What international institutions (bodies) could / should conduct such monitoring (in general or in relation to specifically affected human rights)? What international bodies should take into account the results of such monitoring and assessment?
4. What additional blocks can be added to the tool?
   - Should they cover additional individual human rights or collective human rights?
   - Should they reflect an aggregate effect on a specific area and on a specific segment of society?
   - Should they address any macroeconomic indicators and if yes, in what format?
   - Should they address and in what format neighborhood and regional impact of unilateral sanctions, enforcement of unilateral sanctions and over-compliance.
5. What indicators can be added / excluded from the tool?
6. Should negative impact be assessed differently when it’s produced within long-standing, medium-term and short-term effects of unilateral sanctions? How can the issue of time and duration of the effects determine the impact? How can this aspect be reflected in the current version of the proposed assessment tool?
7. What kind of acts/ events should be considered as trigger points for the impact assessment and for the monitoring of the evolution of such impact? How could these trigger points be identified for countries with long-standing sanctions?
8. What would be a reasonable moment for impact assessments? How frequently or regularly should it be undertaken? Should the timing be associated with events, such as a change in a sanctions regime?
9. What is the desirable form and the frequency of the presentation of the monitoring/impact assessment results to maximize visibility and strengthen international community’s awareness?
   - Should it show a negative impact of unilateral sanctions on a single state; group of states; region; or, worldwide? 
   - Should it show a negative impact of unilateral sanctions on a specific group (vulnerable or marginalized groups, or based on national, religious, racial or ethnic grounds etc.)?
   - Should it show a comparative assessment result based on a situation before imposition of unilateral sanctions, after their imposition, strengthening/easing of unilateral sanctions?
   - How frequently or regularly should the results be represented?
   - Should the results be presented in the form of reports; of graphics and online tools; or both?

How inputs will be used

Please send responses in WORD or PDF, in ENGLISH, FRENCH, SPANISH or RUSSIAN, to hrc-sr-ucm@un.org and specify “Input for SR UCMs Draft Assessment Tool” in the subject line. The deadline for submissions is 30 March 2024.

Responses will be used for preparation of the Special Rapporteur’s thematic report to the 57th session of UN Human Rights Council in September 2024. They will be rendered public and published on the dedicated webpage of the mandate unless requested to be kept confidential.