Over-compliance with unilateral sanctions a direct threat to peoples’ health and well-being: UN expert

GENEVA (15 September 2023) – Unilateral sanctions and over-compliance have a detrimental impact on the enjoyment of all aspects of the right to health, a UN expert said today.

“Health systems around the world are highly vulnerable to the enforcement of unilateral sanctions and the growing cases of over-compliance and excessive de-risking policies,” said Alena Douhan, Special Rapporteur on unilateral coercive measures and human rights.

In her report to the 54^th session of the Human Rights Council, Douhan highlighted the compounded negative effects of over-compliance with unilateral sanctions by the business and financial sectors, which pose serious challenges to the procurement and delivery of medicines, medical equipment and other humanitarian goods, which are by default exempted from any restrictions.

“The world is facing a proliferation of different forms and types of unilateral sanctions,” the expert said. “The growing use of secondary sanctions, as well as civil and criminal penalties for alleged circumvention of sanctions regimes, has serious negative implications for the human rights of people living in sanctioned countries, including their right to adequate, appropriate and timely health care” she said.

The Special Rapporteur questioned the efficiency and effectiveness of existing humanitarian exemptions, exceptions and derogations due to the complex and overlapping nature of sanctions regimes, burdensome and unclear authorisation/licensing procedures, continued financial restrictions and fear of potential civil or criminal liability for alleged violations of sanctions regimes.

“The impact of sanctions extends to a wide range of health-related issues,” Douhan said, pointing to the development of adequate infrastructure and facilities, the shortage of health workers in sanctioned countries and limited opportunities for their training, barriers to access to scientific knowledge and research, as well as disease prevention and control, new technologies and software.

“It also affects all relevant underlying determinants of health, including access to safe water and sanitation, food safety, and clean, healthy and sustainable environment, among others,” she said.

The expert recalled that the imposition and enforcement of unilateral sanctions and zero-risk policies violate numerous international treaty and customary obligations of States, including obligations under the UN Charter and relevant international human rights treaties, as well as other international standards and conventions, including occupational safety and health standards.

“Claims about the unintentional character of the adverse humanitarian impact of unilateral sanctions on human rights, and in particular on the right to health, and references to good intentions should not be invoked to legitimise designing and implementing such unilateral measures,” the Special Rapporteur said.