RES/30/2 Human rights and unilateral coercive measures

GE.15-17609(E)

*1517609*

Human Rights Council Thirtieth session

Agenda item 3

Resolution adopted by the Human Rights Council on 1 October 2015

30/2. Human rights and unilateral coercive measures

The Human Rights Council,

Recalling the purposes and principles of the Charter of the United Nations,

Recalling also all previous resolutions on human rights and unilateral coercive

measures adopted by the Commission on Human Rights, the Human Rights Council and the

General Assembly,

Reaffirming Human Rights Council resolution 27/21 of 26 September 2014 and

General Assembly resolution 69/180 of 18 December 2014,

Stressing that unilateral coercive measures and legislation are contrary to

international law, international humanitarian law, the Charter and the norms and principles

governing peaceful relations among States,

Recognizing the universal, indivisible, interdependent and interrelated character of

all human rights, and in this regard reaffirming the right to development as a universal and

inalienable right and an integral part of all human rights,

Expressing its grave concern at the negative impact of unilateral coercive measures

on human rights, development, international relations, trade, investment and cooperation,

Reaffirming that no State may use or encourage the use of any type of measure,

including but not limited to economic or political measures, to coerce another State in order

to obtain from it the subordination of the exercise of its sovereign rights and to secure from

it advantages of any kind,

Recognizing that unilateral coercive measures in the form of economic sanctions

have far-reaching implications for the human rights of the general population of targeted

States, disproportionately affecting the poor and the most vulnerable classes,

* Reissued for technical reasons on 22 October 2015.

Alarmed by the fact that most current unilateral coercive measures have been

imposed, at great cost, in terms of the human rights of the poorest and most vulnerable

groups, on developing countries by developed countries,

Underlining that under no circumstances should people be deprived of their basic

means of survival,

Recognizing that long-term unilateral coercive measures may result in social

problems and raise humanitarian concerns in the States targeted,

Highlighting the deep-rooted problems and grievances within the international

system and the importance for the United Nations to give a voice to all members of the

international community in order to ensure multilateralism, mutual respect and the peaceful

settlement of disputes,

Expressing its grave concern that the laws and regulations imposing unilateral

coercive measures have, in some instances, an extraterritorial effect not only on targeted

countries but also on third countries, in contravention of the basic principles of international

law, in a manner that will coerce the latter also to apply the unilateral coercive measures,

Recalling the final document of the sixteenth Conference of Heads of State or

Government of Non-Aligned Countries, held in Tehran from 26 to 31 August 2012,1 and

the final document of the seventeenth Ministerial Conference of the Non-Aligned

Movement, held in Algiers on 28 and 29 May 2014, and those adopted at previous summits

and conferences, in which States members of the Movement decided to refrain from

recognizing, adopting or implementing extraterritorial or unilateral coercive measures or

laws, including unilateral economic sanctions, other intimidating measures and arbitrary

travel restrictions, that seek to exert pressure on non-aligned countries – threatening their

sovereignty and independence, and their freedom of trade and investment – and to prevent

them from exercising their right to decide, by their own free will, their own political,

economic and social systems, where such measures or laws constitute flagrant violations of

the Charter, international law, the multilateral trading system as well as the norms and

principles governing friendly relations among States, and in this regard oppose and

condemn these measures or laws and their continued application, persevere with efforts to

effectively reverse them and urge other States to do likewise, as called for by the General

Assembly and other United Nations organs, and request States applying these measures or

laws to revoke them fully and immediately,

Recalling also that the World Conference on Human Rights, held in Vienna from 14

to 25 June 1993, called upon States to refrain from any unilateral measure not in

accordance with international law and the Charter and that created obstacles to trade

relations among States and impeded the full realization of all human rights, and that also

severely threatened the freedom of trade,

Deeply concerned that, despite the resolutions adopted on this issue by the General

Assembly, the Human Rights Council, the Commission on Human Rights and at United

Nations conferences held in the 1990s and at their five-year reviews, and contrary to norms

of international law and the Charter, unilateral coercive measures continue to be

promulgated, implemented and enforced by, inter alia, resorting to war and militarism, with

all their negative implications for the social-humanitarian activities and economic and

social development of developing countries, including their extraterritorial effects, thereby

creating additional obstacles to the full enjoyment of all human rights by peoples and

individuals under the jurisdiction of other States,

Deeply disturbed by the negative impact of unilateral coercive measures on the right

to life, the rights to health and medical care, the right to freedom from hunger and the right

to an adequate standard of living, food, education, work and housing,

Alarmed by the disproportionate and indiscriminate human costs of unilateral

sanctions and their negative effects on the civilian population, in particular women and

children, of targeted States,

Reaffirming that unilateral coercive measures are major obstacles to the

implementation of the Declaration on the Right to Development,

Concerned that unilateral coercive measures have prevented humanitarian

organizations from making financial transfers to States where they work,

Underlining the necessity of examining the wide range of impact of unilateral

coercive measures on international humanitarian and human rights law, as well as on the

economy, peace, security and social fabric of States,

Highlighting the need to monitor human rights violations associated with unilateral

coercive measures and to promote accountability,

Recalling Human Rights Council resolutions 5/1, on the institution-building of the

Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the

Council, of 18 June 2007, and stressing that the mandate holder shall discharge his duties in

accordance with those resolutions and the annexes thereto,

Recalling also article 1, paragraph 2, common to the International Covenant on Civil

and Political Rights and the International Covenant on Economic, Social and Cultural

Rights, which provides that, inter alia, in no case may a people be deprived of its own

means of subsistence,

1. Calls 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;

2. Strongly objects to the extraterritorial nature of those measures which, in

addition, threaten the sovereignty of States, and in this context calls upon all Member States

neither to recognize these measures nor to apply them, and to take effective administrative

or legislative measures, as appropriate, to counteract the extraterritorial application or

effects of unilateral coercive measures;

3. Condemns the continued unilateral application and enforcement by certain

powers of such measures as tools of political or economic pressure against any country,

particularly against developing countries, with a view to preventing these countries from

exercising their right to decide, of their own free will, their own political, economic and

social systems;

4. Expresses its grave concern that any unilateral coercive measure imposed

necessarily runs counter to some provisions of the International Bill of Human Rights or

peremptory norms and other provisions of customary law, and entails adverse consequences

for the enjoyment of human rights by innocent people;

5. Also expresses its grave concern that, in some countries, the situation of

children and women is adversely affected by unilateral coercive measures not in accordance

with international law and the Charter that create obstacles to trade relations among States,

impede the full realization of social and economic development and hinder the well-being

of the population in the affected countries, with particular consequences for women,

children, including adolescents, the elderly and persons with disabilities;

6. Reiterates its call upon Member States that have initiated such measures to

commit themselves to their obligations and responsibilities arising from relevant provisions

of the international law and human rights instruments to which they are parties by putting

an immediate end to such measures;

7. Reaffirms in this context the right of all peoples to self-determination by

virtue of which they freely determine their political status and freely pursue their own

economic, social and cultural development;

8. Also reaffirms its opposition to any attempt aimed at the partial or total

disruption of the national unity and territorial integrity of a State, which is incompatible

with the Charter;

9. Recalls that, according to the Declaration on Principles of International Law

concerning Friendly Relations and Cooperation among States in accordance with the

Charter of the United Nations and to the relevant principles and provisions contained in the

Charter of Economic Rights and Duties of States, proclaimed by the General Assembly in

its resolution 3281 (XXIX) of 12 December 1974, in particular article 32 thereof, no State

may use or encourage the use of economic, political or any other type of measure to coerce

another State in order to obtain from it the subordination of the exercise of its sovereign

rights and to secure from it advantages of any kind;

10. Reaffirms that essential goods, such as food and medicines, should not be

used as tools for political coercion and that under no circumstances should people be

deprived of their own means of subsistence and development;

11. Underlines the fact that unilateral coercive measures are one of the major

obstacles to the implementation of the Declaration on the Right to Development, and in this

regard calls upon all States to avoid the unilateral imposition of economic coercive

measures and the extraterritorial application of domestic laws that run counter to the

principles of free trade and hamper the development of developing countries;

12. Rejects all attempts to introduce unilateral coercive measures, as well as the

increasing trend in this direction, including through the enactment of laws with

extraterritorial application;

13. Recognizes that the Declaration of Principles adopted at the first phase of the

World Summit on the Information Society, held in Geneva in December 2003, strongly

urges States to avoid and refrain from any unilateral measure in building the information

society;

14. Stresses the need for an independent mechanism of the United Nations

human rights machinery for the victims of unilateral coercive measure to address the issues

of remedies and redress with a view to promote accountability and reparations;

15. Urges all special rapporteurs and existing thematic mechanisms of the

Human Rights Council in the field of economic, social and cultural rights to pay due

attention, within the scope of their respective mandates, to the negative impact and

consequences of unilateral coercive measures and to cooperate with the Special Rapporteur

on the negative impact of unilateral coercive measures on the enjoyment of human rights in

fulfilling his mandate;

16. Recognizes the importance of the quantitative and qualitative documentation

of the negative impact associated with the application of unilateral coercive measures in the

context of ensuring the accountability of those responsible for human rights violations

resulting from the application of unilateral coercive measures against any State;

17. Acknowledges the need to ensure that all relevant United Nations human

rights treaty bodies and subsidiary organs of the Human Rights Council mainstream the

issue of the negative impact of unilateral coercive measures on the enjoyment of human

rights and perform specific activities, such as during the review of periodic reports

submitted by States to such bodies and under the universal periodic review;

18. Decides to give due consideration to the issue of the negative impact of

unilateral coercive measures on human rights in its task concerning the implementation of

the right to development;

19. Recognizes the importance of the role of the Office of the United Nations

High Commissioner for Human Rights in addressing the challenges arising from unilateral

coercive measures and their negative impact on the human rights of peoples and individuals

who wish to realize their economic and social rights, including the right to development;

20. Requests the High Commissioner, in discharging his functions in relation to

the promotion and protection of human rights, to pay due attention and to give urgent

consideration to the present resolution;

21. Welcomes the convening of the first biennial panel discussion on the issue of

unilateral coercive measures and human rights, and reaffirms its requests to the Office of

High Commissioner to prepare and submit a report on the panel discussion, taking into

account the practical ways and mechanisms proposed during it, including in particular with

regard to the issues of remedies and redress with a view to promoting accountability and

reparations;

22. Notes with appreciation the research-based progress report of the Human

Rights Council Advisory Committee containing recommendations on mechanisms to assess

the negative impact of unilateral coercive measures on the enjoyment of human rights and

to promote accountability;2

23. Welcomes the appointment of the Special Rapporteur on the negative impact

of unilateral coercive measures on the enjoyment of human rights at its twenty-eighth

session, pursuant to Human Rights Council resolution 27/21;

24. Takes note with appreciation of the report of the Special Rapporteur,3 and

requests him to focus on the negative impact of unilateral coercive measures on the

enjoyment of human rights of victims and to address the issues of remedies and redress

with a view to promoting accountability and reparations in his next reports to the Human

Rights Council and the General Assembly;

25. Calls upon all States to cooperate with and assist the Special Rapporteur in

the performance of his tasks, and to provide all necessary information requested by him;

26. Urges the High Commissioner, relevant special procedures of the Human

Rights Council and the treaty bodies to pay attention, within the framework of their

mandates, to the situation of persons whose rights have been violated as the result of

unilateral coercive measures;

27. Requests the Secretary-General to provide the assistance necessary to the

Special Rapporteur to fulfil his mandate effectively, in particular by placing adequate

human and material resources at his disposal;

28. Decides to continue its consideration of the issue of negative impact of

unilateral coercive measures on human rights in accordance with its programme of work.

40th meeting

1 October 2015

[Adopted by a recorded vote of 33 to 14, with no abstentions. The voting was as follows:

In favour:

Algeria, Argentina, Bangladesh, Bolivia (Plurinational State of), Botswana,

Brazil, China, Congo, Côte d’Ivoire, Cuba, El Salvador, Ethiopia, Gabon,

Ghana, India, Indonesia, Kazakhstan, Kenya, Maldives, Mexico, Morocco,

Namibia, Nigeria, Pakistan, Paraguay, Qatar, Russian Federation, Saudi

Arabia, Sierra Leone, South Africa, United Arab Emirates, Venezuela

(Bolivarian Republic of), Viet Nam

Against:

Albania, Estonia, France, Germany, Ireland, Japan, Latvia, Montenegro,

Netherlands, Portugal, Republic of Korea, the former Yugoslav Republic of

Macedonia, United Kingdom of Great Britain and Northern Ireland, United

States of America]