International sanctions: UN rights expert calls for the creation of compensation commissions

GENEVA (9 September 2016) – The United Nations expert on human rights and  international sanctions, Idriss Jazairy, today called for the creation of compensation commissions under the auspices of the UN, to help those affected by unilateral sanctions bring their claims against States or international organizations.

In his new report* to the Human Rights Council, the expert noted that victims of international sanctions often face huge difficulties when trying to obtain remedies, compensation or redress for the human rights violations they have endured. “Few mechanisms exist that can grant effective remedies and damages to victims of sanctions, and their powers are often limited,” Mr. Jazairy noted.

“In each situation where sanctions have a negative impact on human rights, appropriate mechanisms at the national or international level should be made available to victims so they can seek remedies, compensation and redress,” he said. “Unfortunately, this is clearly an area where the rule of law is at least partly absent and where the rights of the most vulnerable are often neglected.”

This situation is the result of a “diplomatic blind spot” on international sanctions and of the lack of agreement within the international community on their legality, the expert said. “While a number of countries agree on the need to only apply sanctions complying with international law although there is no clear definition of what this encompasses, others maintain that all international sanctions are illegal per se.”

The human rights expert noted that another urgent issue lies in the absence of an independent judiciary with general jurisdiction over unilateral sanctions to adjudicate disputes at world level. “Such a body would allow States and individuals to appeal against the substance of sanctions, and not just against procedural issues as it is currently the case. A possibility should exist to question the political motivations behind the sanctions,” he said.

“It is not acceptable, that entire populations of a large number of States should be deprived of access to any forum or mechanism through which they could seek remedies, compensation and redress,” said Mr. Jazairy. “This contravenes some of the most basic human rights obligations enshrined in international human rights law and treaties.”

“I urge the Human Rights Council and the UN General Assembly, through a solemn Declaration, to reaffirm the right of victims to an effective remedy, including appropriate and effective financial compensation, in all situations where their human rights are affected by unilateral coercive measures,” he stated.

The Special Rapporteur also highlighted the importance of setting up a consolidated central register within the UN system of all the international sanctions in force, adding that these findings should be made public. This mechanism, which would enhance transparency and accountability, could draw on the model of the United Nations Register of Conventional Arms set up in 1991, he concluded.

(*) The Special Rapporteur’s report (A/HRC/33/48) focuses on the issues of remedies and redress, and evaluates the various mechanisms available to States, as well as to individuals and entities, that are subject to unilateral coercive measures. To read the full report, please go to: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session33/Pages/ListReports.aspx

Mr. Idriss Jazairy was appointed by the Human Rights Council as the first Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights. He took office on 1 May 2015. Mr. Jazairy has extensive experience in the fields of international relations and human rights with the Algerian Foreign Ministry, the UN human rights system and international NGOs. He holds a M.A. (Oxford) in Philosophy, Politics and Economics, and an M.P.A. (Harvard). He also graduated from the Ecole nationale d’Administration (France). Mr. Jazairy is the author of books and of a large number of articles in the international press on development, human rights and current affairs. Learn more, log on to: http://www.ohchr.org/EN/Issues/UCM/Pages/SRCoerciveMeasures.aspx

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

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