Guiding Principles - Sanctions, Business and Human Rights

Background

The mandate of the Special Rapporteur has undertaken research and reported on the direct and indirect negative consequences of primary and secondary sanctions, civil and criminal penalties, and of other types of enforcement of unilateral sanctions on the business conduct, which may have serious adverse effects on human rights, including the right to development. The mandate has monitored and reported on how the legal uncertainty, complexity of unilateral sanctions and the diverse means of sanctions’ enforcement have a “chilling effect” on different types of cooperation and create an environment of fear among businesses, banks, donors, NGOs and other actors who prefer to avoid or completely cease any economic, commercial or any other relationship with a sanctioned state, region, entity, or individual, even for activities which are not formally prohibited by the imposed sanctions.

This phenomenon of fear- and uncertainty-driven “over-compliance” has been thoroughly addressed by the mandate in thematic reports to the UN Human Rights Council (A/HRC/51/33) and to the UN General Assembly (A/78/196), as well as via communications sent to concerned businesses and Governments.

Furthermore, secondary sanctions, civil and criminal penalties for the circumvention of sanctions’ regimes force States, businesses, humanitarian organizations and individuals to look for alternative ways to procure necessary goods and services, which are often costlier and riskier.

In an effort to identify and clarify international legal norms and standards applicable by states and businesses to protect human rights in the of the context of business activities in sanctions environments, the mandate of the Special Rapporteur developed the “Guiding Principles on Sanctions, Business and Human Rights”.

These Guiding Principles address the obligations of states and businesses under international law within different sanctions regimes for the purpose of ensuring full implementation of the UN Security Council resolutions, including their humanitarian provisions. They also refer to areas such as the delivery of humanitarian assistance, access to justice, as well as mitigation/minimization of over-compliance with sanctions and their adverse human rights and humanitarian impact.

For this purpose, the Special Rapporteur hold three expert consultations and issued several calls for contributions. View the relevant non-confidential responses.

The Special Rapporteur has also elaborated a commentary in order to provide clarity about the scope of the Guiding Principles, provide references to relevant doctrinal and normative foundations, make an overview of necessary mechanisms to access justice, remedies, ensure responsibility, accountability and redress.

Related events

On 21 and 22 November 2024, the Special Rapporteur with the support of the Group of Friends in Defense of the UN Charter will be organizing an International Conference on “Sanctions, Business and Human Rights”, to present and discuss the draft “Guiding Principles on Sanctions, Business and Human Rights” and the Commentary.

The Conference will bring together various stakeholders, including States, civil society and humanitarian actors, academics and legal professionals to reflect on the Guiding Principles and address the main challenges caused by unilateral sanctions, the means of their enforcement and over-compliance.