RES/40/3 The negative impact of unilateral coercive measures on the enjoyment of human rights

GE.19-05713(E)



Human Rights Council Fortieth session

25 February–22 March 2019

Agenda item 3

Resolution adopted by the Human Rights Council on 21 March 2019

40/3. The negative impact of unilateral coercive measures on the enjoyment

of human rights

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 resolutions 34/13 of 24 March 2017, 36/10 of 28

September 2017 and 37/21 of 23 March 2018, and General Assembly resolutions 72/168 of

19 December 2017 and 73/167 of 17 December 2018,

Welcoming General Assembly resolution 70/1 of 25 September 2015, entitled

“Transforming our world: the 2030 Agenda for Sustainable Development”, in which all

States are strongly urged to refrain from promulgating and applying any unilateral

economic, financial or trade measures that impede the full achievement of economic and

social development, particularly in least developed and developing countries,

Recalling the summary report of the Office of the United Nations High

Commissioner for Human Rights on the biennial Human Rights Council panel discussion

on unilateral coercive measures and human rights,1

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, the right to development, international relations, trade, investment and

cooperation,

1 A/HRC/37/31.

United Nations A/HRC/RES/40/3

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,

Reaffirming also, among other principles, the sovereign equality of States, non-

intervention and non-interference in their internal affairs and freedom of international trade

and navigation, which are also enshrined in many international legal instruments,

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,

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 of persons in

vulnerable situations, on least developed and 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, regulations and decisions 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,

Welcoming the final document and declaration adopted at the seventeenth summit of

Heads of State and Government of the Movement of Non-Aligned Countries, held on

Margarita Island, Bolivarian Republic of Venezuela, on 17 and 18 September 2016, in

which the Movement reaffirmed, among other things, its principled position of

condemnation of the promulgation and application of unilateral coercive measures against

countries of the Movement, which are in violation of the Charter and international law and

undermine, among other things, the principles of sovereignty, territorial integrity, political

independence, self-determination and non-interference,

Reaffirming that each State has full sovereignty over the totality of its wealth,

natural resources and economic activity, exercising it freely, in accordance with General

Assembly resolution 1803 (XVII) of 14 December 1962,

Recalling 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 least developed and developing countries, including their

extraterritorial effects, thereby creating additional obstacles to the full enjoyment of all

human rights, including the right to development, 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 the Declaration on the Right to Development, adopted by the General

Assembly in its resolution 41/128 of 4 December 1986, which establishes that States have

the duty to cooperate with each other in ensuring development and eliminating obstacles to

development,

Reaffirming also 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 that, in each situation worldwide, unilateral coercive measures have a

negative impact on human rights,

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

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

economy, peace, security and social fabric of States,

Highlighting the need for the Human Rights Council to take fully into account the

negative impact of unilateral coercive measures, including that caused by the enactment and

extraterritorial application of national laws and decisions that are not in conformity with the

Charter of the United Nations and international law, in its task concerning the

implementation of all human rights, including the right to development,

Highlighting also the need to monitor and report human rights violations associated

with unilateral coercive measures, to promote accountability to deter future violations and

to provide redress for victims,

Welcoming the continuing efforts of the open-ended Working Group on the Right to

Development, and reaffirming in particular its criteria and relevant subcriteria, according to

which unilateral coercive measures are one of the obstacles to the implementation of the

Declaration on the Right to Development,

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 the International Covenant on Civil and Political Rights and the

International Covenant on Economic, Social and Cultural Rights, according to which, inter

alia, in no case may a people be deprived of its own means of subsistence and its

fundamental rights,

1. Urges 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 urges all States to refrain from imposing unilateral coercive

measures, also urges the removal of such measures, as they are contrary to the Charter and

norms and principles governing peaceful relations among States at all levels, and recalls

that such measures prevent the full realization of economic and social development of

nations while also affecting the full realization of human rights;

3. Urges States to resolve their differences through dialogue and peaceful

relations, and to avoid the use of economic, political or other measures to coerce another

State with regard to the exercise of its sovereign rights;

4. 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;

5. Strongly condemns the continued unilateral application and enforcement by

certain powers of such measures as tools of pressure, including political and economic

pressure, against any country, particularly against least developed and 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;

6. 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;

7. Also expresses its grave concern that, in some countries, the socioeconomic

conditions of family members, particularly women and children, are adversely affected by

unilateral coercive measures, imposed and maintained contrary to international law and the

Charter, that create obstacles to trade relations among States, restrict movement through

various means of transport, 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;

8. 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 a party by putting

an immediate end to such measures;

9. 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;

10. Also reaffirms, as enshrined in the Charter, its opposition to any attempt

aimed at the partial or total disruption of the national unity and territorial integrity of a State;

11. 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;

12. 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;

13. 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 least developed and developing

countries;

14. Rejects all attempts to introduce unilateral coercive measures, and the

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

extraterritorial application;

15. 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;

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

human rights machinery for the victims of unilateral coercive measures to address the

issues of remedies and redress, with a view to promoting accountability and reparations;

17. 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;

18. 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;

19. 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;

20. 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;

21. Welcomes the report of the Special Rapporteur on the negative impact of

unilateral coercive measures on the enjoyment of human rights;2

22. Requests the Special Rapporteur on the negative impact of unilateral coercive

measures on the enjoyment of human rights to continue his work on identifying and

proposing concrete measures to ensure the removal of unilateral coercive measures

affecting the enjoyment of human rights of victims, and to focus on the resources and

compensation necessary to promote accountability and reparations for victims in his next

reports to the Human Rights Council and to the General Assembly;

23. Also requests the Special Rapporteur, taking into account the views of

Member States, to continue his work on identifying a set of elements to be considered, as

appropriate, in the preparation of a draft United Nations declaration on the negative impact

of unilateral coercive measures on the enjoyment of human rights, and to submit those

elements to the Human Rights Council in his next report;

24. 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;

25. 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;

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

High Commissioner 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;

27. Requests the Office of the High Commissioner to organize a biennial panel

discussion, in accordance with Human Rights Council resolution 27/21 of 26 September

2014, entitled “The way forward to a United Nations declaration on the negative impact of

2 A/HRC/39/54.

unilateral coercive measures on the enjoyment of all human rights, including the right to

development”, for the forty-second session with the participation of Member States,

relevant United Nations bodies, agencies and other relevant stakeholders, and requests the

Special Rapporteur to act as rapporteur for the panel discussion and to prepare a report

thereon, and to submit and present the report to the Council at its forty-third session;

28. Requests the High Commissioner, in discharging her functions relating to the

promotion, realization and protection of the right to development and bearing in mind the

continuing impact of unilateral coercive measures on the population of least developed and

developing countries, to give priority to the present resolution in her annual report;

29. 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;

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

High Commissioner to fulfil her mandate effectively, in particular by placing adequate

human and material resources at her disposal;

31. Urges States to promote and preserve multilateralism and to take the

measures necessary to strengthen bilateral, regional and international cooperation aimed at

addressing the negative impact of unilateral coercive measures on the full enjoyment of all

human rights;

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

unilateral coercive measures on the enjoyment of human rights in accordance with its

programme of work.

52nd meeting

21 March 2019

[Adopted by a recorded vote of 27 to 15, with 5 abstentions. The voting was as follows:

In favour:

Angola, Bahamas, Bahrain, Bangladesh, Burkina Faso, Cameroon, Chile,

China, Cuba, Democratic Republic of the Congo, Egypt, Eritrea, Fiji, India,

Iraq, Nepal, Nigeria, Pakistan, Philippines, Qatar, Rwanda, Saudi Arabia,

Somalia, South Africa, Togo, Tunisia, Uruguay

Against:

Australia, Austria, Brazil, Bulgaria, Croatia, Czechia, Denmark, Hungary,

Iceland, Italy, Japan, Slovakia, Spain, Ukraine, United Kingdom of Great

Britain and Northern Ireland

Abstaining:

Afghanistan, Argentina, Mexico, Peru, Senegal]