Sanctions, right to health & humanitarian assistance

Background

Unilateral coercive measures and various types of unilateral sanctions have both direct and indirect impact on the right to health and other health-related rights. Various types of unilateral sanctions, including economic, financial and trade restrictions of all sorts, including targeted ones, cause significant disruptions with serious repercussions in peoples’ access to affordable and quality health care, medicines and medical and assistive equipment. They also have serious adverse effects on the various underlying determinants of health, and undermine States’ efforts to maintain and develop critical infrastructure in support of their national healthcare systems, foster international cooperation in relevant scientific and academic areas or enjoy the benefits of scientific progress and its applications.

Access to the above-mentioned essential goods remain a challenge even in the context of humanitarian assistance due to enforced trade and financial restrictions and despite the existence of humanitarian exemptions covering such goods. There is a generalised fear and uncertainty created by unilateral sanctions, which force state and non-state actors to discontinue their activities with the targeted states, businesses, or individuals. The proliferation and complexity of unilateral sanctions regimes put at a constant risk the principled work of humanitarian organisations who often are not able to assume the procedural and financial burden of navigating the complex network of these measures and their different jurisdictions, and thus interrupt their life-saving interventions in sanctions-affected countries and regions.

Human Rights Council resolution 55/7 of 5 April 2024 highlights concerns that unilateral coercive measures impede the provision of humanitarian assistance and prevent humanitarian organisations from making financial transfers to the States where they operate. It calls upon States and relevant United Nations agencies to take concrete measures to mitigate the negative impact of unilateral coercive measures on humanitarian assistance, which should be delivered in accordance with the General Assembly resolution 46/182 of 19 December 1991.

Reports

Impact of unilateral coercive measures on the right to health (2023)

The report provides an overview and assessment of the impact of unilateral sanctions on the right to health and its underlying determinants and relevant rights

It highlights challenges in the procurement and delivery of medicines, medical equipment, spare parts and software, the consequent shrinking national healthcare capacities, and obstacles in training and international cooperation on health-related matters. It includes specific examples of disruptions in financial payments, supply chains, as well as the reluctance of pharmaceutical and medical companies to engage with sanctioned states out of fear of repercussions for possible violations of unilateral sanctions regimes (over-compliance).

The report concludes with recommendations addressed to States, the UN and other international organisations. Notably, it recommends:

• WHO to launch a study on the impact of unilateral sanctions and over-compliance on the right to health in the sanctioned countries, with a particular focus on persons in vulnerable situations and those suffering from rare and severe diseases.
• OHCHR and other UN entities to integrate in their work the legality and humanitarian impact assessment of unilateral sanctions.
• To lift of sanctions, requirements for licensing and conditions for the delivery of medicine, medical equipment, spare parts, vaccines, software, to ensure without discrimination the right of everyone to the highest attainable right to health.

Visit the report page and view a visual summary

Impact of unilateral sanctions on the enjoyment of human rights in the course of the coronavirus disease (COVID-19) pandemic (2020)

The report offers an overview and assessment of the impact of unilateral sanctions on the enjoyment of human rights in the course of the coronavirus disease (COVID-19) pandemic. It puts emphasis on the most vulnerable, and provides an assessment of the effectiveness and sufficiency of humanitarian exemptions and humanitarian aid.

It highlights financial and trade restrictions undermining the procurement of medicine, medical equipment, other essential supplies, raw material, reagents, spare parts and material for the maintenance and further development of healthcare infrastructure, as well as cyber sanctions with their adverse effects on communications and exchange of information. It also refers to foreign medical and pharmaceutical businesses’ over-compliance with sanctions and complexities of licensing procedures for certain medical components and items. All these measures have undermined national efforts to respond to and to recover from the COVID-19 pandemic.

The report concludes with several recommendations, including:

• The need to expand humanitarian exemptions to ensure unimpeded deliveries of humanitarian assistance.
• Measures to ensure that trade in essential humanitarian goods and commodities, such as medicine, antivirals, medical equipment, their component parts and relevant software, and food, should not be subjected to any form of direct or indirect unilateral coercive measure or sanction.

Visit the report page to learn more, access the report, and see a visual summary

Other reports referencing the impact of unilateral sanctions on the right to health and on the delivery of humanitarian assistance:

• Secondary sanctions, civil and criminal penalties for circumvention of sanctions regimes and overcompliance with sanctions (A/HRC/51/33)
• Secondary sanctions, overcompliance and human rights (A/78/196)
• Visit to the Syrian Arab Republic (A/HRC/54/23/Add.1)
• Visit to the Islamic Republic of Iran (A/HRC/51/33/Add.1)
• Visit to Zimbabwe (A/HRC/51/33/Add.2)
• Visit to the Bolivarian Republic of Venezuela (A/HRC/48/59/Add.2)
• Visit to Qatar (A/HRC/48/59/Add.1)

Related events and activities

• On 13 March 2024, on the margins of the 55th Session of the UN Human Rights Council, the Special Rapporteur organised a side-event on the impact of UCMs on the delivery of humanitarian assistance and the work of humanitarian actors.
• On 9 and 16 February 2024, the Special Rapporteur gave a two-part interview to Venezuelanalysis on unilateral coercive measures and their humanitarian impact (PART 1 and PART 2).
• On 6 November 2023, the Special Rapporteur participated in a public hearing organised by the German Bundestag’s Committee on Human Rights and Humanitarian Aid on the topic of “Worsening food insecurity and water scarcity – causes, consequences and solutions”.
• On 30 October 2023, the Special Rapporteur participated in a side-event organised by the Group of Friends in Defense of the Charter of the United Nations in New York, during the 78^th session of the UN General Assembly. The theme of the event was the “Impact of Unilateral Coercive Measures on the Right to Health and Right to Development”
• On 20 September 2023, on the margins of the 54th Session of the UN Human Rights Council, the Special Rapporteur organised a side-event on the impact of unilateral sanctions on health-related SDGs.
• On 11 July 2023, the Special Rapporteur published an article in the Progressive International with the title “Unilateral Sanctions Hurt Women’s Health”
• On 10 March 2023, the Special Rapporteur participated as a keynote speaker in an event organized by humanitarian CSOs and the Graduate Institute – Geneva, on assessing the impact of sanctions on humanitarian work (Link to the report).
• On 12 July 2022, The Special Rapporteur, was interviewed by Chinese media (CCTV China Media Group and Xinhua New Agency), regarding the impact of UCMs on the right to health, humanitarian aid and right to development. Unilateral sanctions violate international law, impede advancing Sustainable Development Goals_英语频道_央视网(cctv.com)
• On 13 June 2022, the Special Rapporteur gave an interview on VOX Afghanistan’s humanitarian crisis and the US decision to block the foreign assets of the Afghan Central Bank, titled “Afghanistan’s staggering set of crises, explained”.
• On 22 December 2021, the Special Rapporteur gave an interview for ODVV Interview: The impact of unilateral sanctions on health sector is life-threatening.
• On 13 October 2021, the Special Rapporteur was interviewed by the International Review of the Red Cross, on the topic of Unilateral coercive measures, IHL and impartial humanitarian action. The document has been published online by Cambridge University Press: 13 October 2021 // International Review of the Red Cross, First View, pp. 1 – 26 DOI.
• On 3 June 2021 the Special Rapporteur participated as a speaker in a webinar entitled “The impact of unilateral coercive measures on national health systems of targeted developing countries, in particular on health and well-being of women, children, persons with disabilities and other people in vulnerable situations”. The event was jointly organised by the Permanent Missions of Belarus, Bolivia, China, Cuba, Iran, Nicaragua, Russia, Syria, Venezuela and Zimbabwe to the United Nations in New York.
• From 26-27 April 2021, The Special Rapporteur hosted a series of Expert Consultations with academics and concerned NGOs regarding the effects of unilateral coercive measures on delivery and accessibility of humanitarian aid, held in Geneva, Switzerland.
• On 23 February 2021, the Special Rapporteur was interviewed by the Zeit Fragen, where she explained the scope of her mandate, the notions and specifics of unilateral sanctions, the challenges of secondary sanctions and over compliance, and the problem of delivery of humanitarian aid.
• On 14 January 2021, the Special Rapporteur was interviewed by the Grayzone, independent news website, on the negative impact of the Caesar act, imposing sanctions on Syria, on the possibility of rebuilding the country and the delivery of humanitarian aid.
• On 10 December 2020, the Special Rapporteur issued a series of guidelines on humanitarian aid and humanitarian response in the course of the COVID-19 pandemic (press release).
• On 21 - 22 October 2020, the Special Rapporteur organized an expert consultation on unilateral sanctions as the serious obstacle to delivery of humanitarian aid. The event brought together 24 world leading humanitarian organizations, including faith-based NGOs.