Objectives

The objective of the biennial panel discussion was to increase awareness among all stakeholders, including United Nations human rights mechanisms, of the negative impact that unilateral coercive measures have on the enjoyment of human rights in the targeted and non-targeted countries.

It was also a platform for continued exchange of views and experiences among member states, academic and civil society experts, civil society organizations, human rights mechanisms and other relevant stakeholders, on the impact of unilateral coercive measures on human rights.

The panel discussion focused in particular on the resources and compensation necessary to promote accountability and reparations and aimed at:

(a) Consensus-building for the development of basic principles and guidelines as well as the identification of mechanisms to assess and mitigate the adverse impact of unilateral coercive measures and ensure accountability;

(b) Follow-up on and update of the recommendations of the previous Council-mandated panel and workshops held respectively in 2015, 2014 and 2013, and the research-based report of the Human Rights Council Advisory Committee (A/HRC/28/74).

Presentations and statements

• H.E. Mr. Amr Ramadan, Vice-President of the Human Rights Council
• Ms. Peggy Hicks, Director of the Thematic Engagement, Special Procedures and Right to Development Division, Office of the United Nations High Commissioner for Human Rights
• H.E. Mr. Jorge Valero, Ambassador and Permanent Representative of the Bolivarian Republic of Venezuela to the United Nations Office and other international organizations in Geneva
• Mr. Idriss Jazairy, Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights
• Ms. Alena Douhan, Vice-Rector and Head of the International Law Department, International University "MITSO", Minsk, Belarus
• Mr. Jean Ziegler, Member of the Human Rights Council Advisory Committee
• Mr. Alfred De Zayas, Independent Expert on the promotion of a democratic and equitable international order

Outcome

In accordance with Human Rights Council resolution 27/21, its corrigendum, and resolution 34/13, OHCHR prepared a report on the proceedings of the panel discussion (A/HRC/37/31). The report was submitted to the thirty-seventh session of the Human Rights Council, and provided inputs to the Council on how to proceed in its considerations of the issue of the impact of unilateral coercive measures on human rights.

Format

The OHCHR opening statement and initial presentations by the panellists, the latter guided by the moderator, will be followed by an interactive discussion with States and observers intervening from the floor. The list of speakers for the discussion will be established at the beginning of the panel and, as per practice, statements by high-level dignitaries and groups will be moved to the beginning of the list. States and observers, including representatives of civil society, will take the floor for a 2-minute intervention each (total 45 minutes), followed by responses from panellists (15 minutes). A second round of interventions from the floor (45 minutes) will be followed by responses and concluding remarks from the panellists and the moderator (15 minutes).

To make the panel interactive, speakers are encouraged to focus their interventions on the themes of the panellists either by asking the panellists questions or sharing concrete examples and relevant national experience. Interpretation will be provided in the six United Nations official languages (Arabic, Chinese, English, French, Russian and Spanish).

Background

In its resolution 27/21, its corrigendum, and resolution 34/13, the Human Rights Council stressed that unilateral coercive measures and legislation are contrary to international law, and expressed its concern at their negative impact on human rights, development, international relations, trade, investment and cooperation. The Council has further recognized that these measures, in the form of economic sanctions, may have far-reaching implications for human rights; disproportionately affecting the poor and the most vulnerable populations; and may result in social problems and raise humanitarian concerns.

Previously, a number of United Nations organs and human rights treaty bodies’ decisions as well as a studies by United Nations agencies had outlined legal limitations as to the imposition of unilateral coercive measures with regard to rights essential for dignity and survival, while a number of declarations and resolutions have drawn attention to the need for special measures to alleviate the negative impact of such measures on the human rights of women and children, among other groups in a situation of vulnerability (see background documents below).

In a number of adopted resolutions, the Human Rights Council and General Assembly have called “upon all States to stop adopting, maintaining or implementing unilateral coercive measures not in accordance with international law, international humanitarian law, the Charter of the United Nations and the norms and principles governing peaceful relations among States, in particular those of a coercive nature with extraterritorial effects, which create obstacles to trade relations among States, thus impeding the full realization of the rights set forth in the Universal Declaration of Human Rights and other international human rights instruments, in particular the right of individuals and peoples to development.” (see, for example, Human Rights Council resolution 24/14).

The 2015 edition of the biennial panel on unilateral coercive measures included Mr. Aslan Abashidze and Mr. Idriss Jazairy as panellists. They discussed the need to develop basic principles, guidelines and mechanisms to assess and mitigate the adverse impact of unilateral coercive measures on human rights.

In the 2017 edition of the biennial panel, invited experts and other participants will be able to discuss in more detail the resources and compensation necessary to promote accountability and reparations. This topic is related to the one recently presented by the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights in his report, where he dedicates a section to issues of remedies and redress for victims of unilateral coercive measures, based on a review, assessment and evaluation of the various mechanisms available to victims (available in below in background documents).

Background documents

• Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights focusing on the issues of remedies and redress for victims of unilateral coercive measures (2016) (A/HRC/33/48)
• Human Rights Council resolutions on unilateral coercive measures, in particular resolution 34/13 of 24 March 2017, resolution 30/2 of 1 October 2015, and resolution 27/21 of 26 September 2014 (read in conjunction with its corrigendum of 14 November 2014)
• General Assembly resolutions on unilateral coercive measures, in particular resolution 71/193 of 19 December 2016 and resolution 70/151 of 17 December 2015