UN Geneva - Multimedia Newsroom : HRC Press Conference: Special Rapporteur on unilateral coercive measures

Good afternoon and thank you for being here with us at this press conference by the UN Special Rapporteur and the negative impact of unilateral coercive measures on the enjoyment of human rights.

[Other language spoken]

I'm the Human Rights Officer of the Office of the UN **** Commission for Human Rights, working with the mandate of the Special Rapporteur.

This press conference is a follow up to the Special Rapporteur's presentation of her reports to the 54th session of the Human Rights Council.

Earlier today, she presented 1 thematic report on the impact of unilateral coercive measures on the right to health and also her report following the country visit she undertook in Syria in November 2022.

As per the usual practise, we will start with the an introductory statement by the Special Rapporteur laying down the main messages coming from these reports.

And we open the we will open the floor for AQ and a session for those who are here present with us and also those who have joined us via Zoom.

Of course, as per the usual practise in the online platforms, we can use their hands in order to take the floor to ask questions for those who are joining us online.

And before giving the floor, passing the floor to the Special rapporteur, I wish also to thank the UN, United Nations staff for coordinating this press conference.

And without further ado, I give the floor to to the Special Rapporteur for her introductory remarks.

Thank you very much.

[Other language spoken]

Thank you very much for coming and for your interest to the issue of the impact of unilateral sanctions on the right to house.

I will make a brief introduction as it's already said and we'll be open to your questions afterwards.

The world community is currently facing an expansion of various forms and types of unilateral sanctions applied to all sorts of governmental and non governmental actors and economic sectors.

It also faces the threats with secondary sanctions, civil and criminal penalties for violations or circumvention of sanctions regime, consequent growing use of 0 risk policy and over compliance by banks, producers of goods, delivery insurance as well as other types of companies.

The healthcare system as a whole is highly vulnerable to the imposition of unilateral sanctions and the related 0 risk policies due to the deterioration they cause to people's standards of living, **** inflation and severe disruption in the purchase, payment for and delivery of necessary medicine, medical equipment, spare parts, reagents or software over compliance by businesses.

What prevents access to medicine even in the actual absence of comprehensive or secondary sanctions?

Even with well established humanitarian exceptions for medicine and food, businesses are often reluctant to provide medical services or sell medical goods due to the vehicle overlapping sanctions regimes.

Deliveries may be obstructed to delay due to financial restrictions, including exclusions from SWIFT of targeted banks.

Oregon targeted countries freezing of central bank assets, sanctions imposed toward transportation or insurance companies, threats with secondary sanctions, requests for multiple licences for procurement, transportation or insurance, even for delivery of humanitarian assistance.

Also, imposition of civil and criminal penalties for dealing with countries under sanctions and 0 risk policies by third country banks are impeding these deliveries.

Unilateral sanctions and over compliance have a detrimental impact on implementation of all aspects of their rightful life for all living in countries under sanctions including access to adequate medicine, healthcare facilities, medical equipment, access to qualified medical assistance, prevention and control of diseases, scarcity of health professionals, access to health facilities, training and access to up to date scientific knowledge, technologies, research, exchange and good practises.

Reports received refer to the impedements in delivery of all types of medicine, medical equipment, spare parts, vaccination software, surgeons installation and post sales services either because of sanctions or over compliance.

Lists shared by States and medical professionals refer to challenges to procure medicine and equipment necessary to diagnose and ****** cancer, diabetes, haemophilia, leukaemia, iftiosis, multiple sclerosis, autism, epidermolys, bolosa, thalassemia, kidney failure and dysfunction, hypertangia, anaemia, respiratory diseases, chronic polyneuropathy and neuropathy, congenial heart disease, tuberculosis, malaria, hepatite, Bach, hepatosis, cirrhosis, asthma and many other diseases.

Patients are in need for hormones, anaesthetics, antibiotics, antidotes, immunoglobulins and immunosuppressors, blood derivatives, pressure, cardio, painkillers and other irreplaceable and essential drugs and equipments.

In Syria in particular, many cancer patients die before even being diagnosed because the waiting list for the basic city scanner is at least six months.

Growing mortality rates, reduced life expectancy, arising prevalence of physical and mental health conditions and disabilities due to lack of timely diagnosis and treatment, as well as growing physical and psychological suffering are only some of the serious tangible consequences in violation of human rights such as the right to life, freedom from torture and inhuman treatment and the principle of non discrimination.

During the last two years I have received a number of individual submissions referring to the refusal of executive manufacturers of pharmaceutical goods and medical equipment to fulfil the obligations under already concluded contracts and to sell life saving medicine to countries under sanctions that results in growing mortality rates and levels of suffering.

The reports refer to numerous medicine and equipment not available in the countries, as I have already mentioned, and it results in early and often often painful deaths.

I have forwarded a number of communications to medical and pharmaceutical companies addressing such cases to states of their residents as well as to sanctioning states, but unfortunately the general situation has not changed and some of the recipients of this letter have neither either not responded or provided not inaccurate information.

Unilateral sanctions and over compliance are also affecting all relevant underlying determinants of health and factors.

Right to adequate food, freedom of movement, elimination of poverty, access to clean water and sanitation, electricity, fuel, economic and labour rights.

Right to favourable environment vulnerable groups including women, girls, children, persons with disabilities, people suffering from rare and severe diseases, older persons and socio economically marginalised groups are the most vulnerable in the face of unilateral sanctions.

Imposition and implementation of unilateral sanctions and 0 risk policies violate numerous international treaty and customary obligations of States, including obligation to promote universal respect for an observance of human rights and freedoms in accordance with the UN Charter provisions of International Covenant on Economic, Social and Cultural Rights, Convention on Elimination of Discrimination against Women, Convention on Rights of Persons with Disabilities, Convention on the Rights of Child and many other documents including ILO Conventions and Standards on Labour and Occupational Health Safety.

Enforcement of unilateral sanctions and instances of over compliance with such measures prevent countries from any possibility to exercise foodly the obligations to guarantee the right to health within all available resources.

Due to the scarcity of such resources, it undermine national efforts towards strong and reliable healthcare system and constitute violation of the right to health by sanctioning States.

Similar responsibility arises when states do not take all necessary measures to ensure that businesses acting under their jurisdiction and control do not violate directly or indirectly human rights, including the right to health.

Ineffectiveness of humanitarian exceptions is caused by several reasons, which include, for example, confusing and overlapping sanctions regulation, the complex and unclear licence application procedures, uncertainty about potential penalties for circumvention of sanctions regimes, uncertainty about the scope of humanitarian assistance and many other elements.

I strongly believe that no reference to unintended consequences of unilateral sanctions can justify violations of fundamental human rights.

Neither states nor international organisations can act unconsciously.

They're obliged to respect their international obligations, to exercise due diligence and to apply precautionary approach to make sure that the activity as well as any activity under the jurisdiction of control does not violate international obligations and human rights standards.

Referring to some of the conclusions and recommendations which I probably use in the report, I need to stay that unilateral sanctions and over compliance have a detrimental impact on implementation of nearly all human rights of the people in the countries Under sanctions.

Right to the highest attainable standard of legal is interdependent with many other human rights and therefore is among the first to be affected.

Impact of sanctions, even more of over compliance is non selective and as a result they negatively affect health of all people in the countries under sanctions.

Being the most detrimental for the most vulnerable groups.

People become isolated from international cooperation and could hardly rely even on the delivery of humanitarian aid due to the reluctance of donors, medical and food producers, insurance and delivery companies.

That's why I urge all States and international organisations to review measures taken without a beyond authorisation of the UN Security Council and leave those which do not fit criteria of retortions and countermeasures in full conformity with standards and limitations of the law of international responsibility as constituting unilateral coercive measures.

I insist that humanitarian concerns shall always be taken into account by States when deciding on the imposition of any unilateral measure, including countermeasures, as well as in the course of their application.

I also remind on the obligation of all States to exercise due diligence under international law and to take all possible legislative, institutional and administrative measures to avoid and minimise over compliance and to ensure that activity of private businesses under their jurisdiction and control does not violate human rights extraterritorially.

Non fulfilment of these obligations can be used to the ground for rising responsibility of relevant States for violation of treaty obligations to protect the right to health.

Unilateral sanctions shall never affect the function of critical infrastructure relevant to healthcare, food, agriculture, electricity, water supply, irrigation, sanitation, seeds and fertilisers, all of which are necessary for the survival, health and well-being of people.

I urge businesses to avoid 0 risk policies and over compliance which are incompatible with their obligations under the Guiding Principles on Business and Human Rights Framework, especially regarding medicine, vaccines, medical equipment and spare parts and other goods necessary for the provision of health related services and support to critical infrastructure.

Procurement and delivery of medicine, vaccines, medical equipment, food, spare parts, software, baby formulas, equipment and goods necessary to guarantee adequate access to clean water and sanitation shall not be dependent on any licencing procedure.

Pharmaceutical, medical equipment, transportation, insurance and other companies, donors and humanitarian organisations shall not be subjected to any type of punishment, restrictions or reputational risks for the efforts to deliver humanitarian goods vital to ensure the right of health in accordance with principles of humanity, neutrality, impartiality and non discrimination, nor the shall be obliged to bear the burden of proof and risk of sanctions regulations.

I received many submissions while preparing the report for today's session and they all are speaking in the same voice.

I call all States and companies to consider the report as a general account of the suffering of those whose lives are turned upside down and they are well-being threatened due also to sanctions induced restrictions among other factors and situations.

I urge them to stop thinking only on the basis of foreign policy considerations, good intentions for higher purposes, and rather to pay particular attention to catastrophic consequences of unilateral coercive measures on the right to health.

Thank you for your attention and I will be ready for your questions.

Thank you very much.

And we open the floor for questions, please.

My name is Catherine Fianconbo Conga.

I work for French TV France Vancatra.

I'd like to know what you expect as concrete outcome outcomes from the upcoming meeting in New York, the summit.

What concrete outcome do you expect, particularly when it's it comes, it is related to the access to medication to health SDG 3.

[Other language spoken]

Thank you very much for these questions.

I believe that besides this presentation, this question is also relevant to the biennial panel meeting issues discussed yesterday at the Human Rights Council session, when the element of the issue of the impact of unilateral sanctions and over compliance on sustainable development goals has been achieved in details.

When I once speaks about unilateral coercive measures as well as solar compliance, will those unfortunately, nearly all sustainable development goals are affected and as soon as many of them are interdependent, it appears that the final effect over the right to health, and I'm talking about SDG 2.

[Other language spoken]

The four I hope very much that take into account that this summit is convened to review the 2030 Agenda and to adapt 2030 Agenda to the challenges which have emerged since the moment when it was adopted in 2015.

That the impact, besides other elements, including the COVID-19 pandemic, including the climate change, the crisis around the world, the impact of unilateral sanctions shall also be taken to account.

And one of the elements which I advocate for that the UN institutions within the scope of tasks aimed to achieve or to facilitate the achievement of sustainable development goals by states all around the world will observe and follow up the impact of unilateral sanctions and the impact of over compliance on the achievement of sustainable development gold.

And naturally the impact on the right to health.

I would refer, for example, to the some steps are taken in this area and I would refer for example, to the some resolutions adopted by the UN Security Council and in particular resolution 2615 and 2664, which requests states to enable the possibility to deliver humanitarian assistance to the countries which are under sanctions of the UN Security Council.

Unfortunately, so the same countries are usually under unilateral sanctions as well and the over compliance from private business from the side of private businesses and unilateral sanctions of states prevent implementation of these resolutions.

And therefore the UN Security Council had to come already to the decision part of resolutions to enable people in these societies to get access to life saving food and life saving medicine.

So it's just the first steps.

It has never took place before.

And I believe that demonstrating the fact that the United Nations is noting the problem and started to take place in the same area, I hope that it will continue.

[Other language spoken]

If I may, just regarding sanctions related to Libya, as there are certain sanctions on Libya still now that they had the floods, do you think that it will allow to lift partially certain sanctions or access to medication, access to certain things?

There are, if I'm not wrong, sanctions still sanctions from UK on Libya.

[Other language spoken]

I definitely can't, you can't provide you with the really yes or no answer as soon as we come to the area when the decisions of states will be the main one because they are the powers which impose sanctions.

But I would say Syria as an example, after the earthquake 2023, the area a number of documents adopted so by countries which impose sanctions and are referred to the General licence #23 of the UN Security Council are of the United States.

So thank you very much the relevant regulations by the UK and the European Union which provided for six months release.

I welcome this initiative.

Take into account that Syria was already in the crisis situation and the earthquake editing new layer to the humanitarian crisis in the country.

Unfortunately, over compliance has nearly anniated the humanitarian exceptions which have been provided by states.

Because I have received multiple reports, for example, that banks as well as delivery companies and even the manufacturing company, they do not understand what are these exceptions about and what is, for example, the difference between the permitted relief action and non permitted reconstruction and rebuilding action.

Because when we speak about the relief, people need water, people need food, but to get access to water you need to rebuild a water pump.

And therefore, unfortunately, there are really lots of complaints that in reality these these documents existed.

Some deliveries took place but it didn't change the picture as a whole.

So I addressed the states which imposed sanctions in several communications referring to the challenges which I see.

And I address the issue of over compliance which prevents the deliver of humanitarian goods in these reports.

And I reiterated my openness for the discussion on that issue.

So I hope the situation will improve.

We we have a user from from zoom can give the floor usario zoom.

[Other language spoken]

I am Antonio Roto from FA Spanish News agency.

I want to ask about the situation in Cuba.

How do you think that the unit unilateral sanctions have affected the health system in that country?

And we heard yesterday the Oxfam representative saying that international commodity has to be more vocal against 60 years of sanctions against Cuba.

I wonder if you share the same opinion.

[Other language spoken]

Situation of Cuba is pretty unique from the perspective of unilateral sanction that the only country has concerns which there is a periodic so yearly report and yearly resolution of the United Nations organisations announcing first of all the illegality of these measures calling to withdrew blockade against Cuba.

So therefore, in the situation of Cuba was talk about the sanctions of the United States only.

But unfortunately, the very broad scope of sanctions in accordance with the reports I received as concerned the access to the healthcare in Cuba.

I need to see that they all go very much in the same way, despite the fact that Cuba has a very developed health system, which is illustrated by pretty **** life expectancy.

In accordance to WHO report the development of the disease prevention systems and the efforts of Cuba to develop necessary vaccination and monitoring health system, still everything what can't be produced in Cuba fully, I mean, starting from the equipment necessary for the production of medicine and the raw materials necessary for the production or goods which can't be produced at all, face very serious challenges to be delivered.

And it refers to medicine, it refers to medical equipment, it refers to supportive or assistance equipment for people with disabilities, it refers to baby formula, even to milk, because Cuba is not able to produce efficient quantity of milk.

That's why I joined this statement done by Oxfam Cuba yesterday.

Indeed, the world community, upon my opinion, shall address this issue very carefully, because today as concerned the delivery of medicine and as concerned the delivery of the food, as well as baby formula and milk, Cuba is fully dependent on UN assistance, and that's not a normal situation for a country to survive only because of humanitarian assistance delivery there.

[Other language spoken]

Has your report on Syria been submitted to United States of America and the European Union and if they have some reaction about these reports and your demands about the unilateral sanctions?

[Other language spoken]

The report on the country visit to Syria?

Well, first of all, I need to say that when we are talking about reporting what I have seen in Syria, we talk about two stages.

The very first stage was the end of mission statement, which I did immediately after the end of the country visit to Syria, which was in November 2022.

And I reflected the main elements which I observed during the two weeks I spent in in Syria.

The final report has been presented today to the Human Rights Council and that's one of the documents of the Human Rights Council.

I need to say that I haven't received any feedback of none of the countries imposing sanctions on Syria during the period between November 2002 when the end of mission statement was presented and today.

But I always say that I'm very open for discussion and for any dialogue and if any initiative comes, I'm open to discuss.

[Other language spoken]

Can the unilateral sanctions on Syria regarding your reports be considered a war crime?

Be considered a war crime?

As a law professor, I'm very careful about qualifications and therefore I I'm not a court.

I can't qualify one or another activity as a crime.

At the same time, I reflected in the report that the humanitarian impact over 0 is so higher that the cumulative impact as well as the all elements which caused this impact and caused by unilateral sanctions and over compliance can altogether at certain point be qualified by the competent body, not by me.

[Other language spoken]

I don't see any other hands or requests for questions.

There is one more online FA Spanish.

[Other language spoken]

I'm Antonio Rotago from FA again, and this time I want to ask about Nicaragua.

Yesterday we interviewed the president of the Group of Experts on Human Rights in Nicaragua, and he said he's in favour of more sanctions against Nicaraguan government, especially education institutions.

Do you agree with this?

Should Nicaragua have more international sanctions?

[Other language spoken]

First of all, I need to say that as concerns Nicaragua, I didn't do any country visit to Nicaragua, so I didn't look at all specific details of the situation, but the conclusions which I can make again as a law professor.

Any measures, any sanctions, are only legal when they are imposed in accordance with the decisions of the UN Security Council.

Unilateral measures can only be legal if the do not violate international law, what's called retortions.

For example, states may decide that they dislike each other so much that they want to stop diplomatic relations.

It's unfriendly, but it's legal.

Similarly, the legal when they constitute countermeasures in accordance with the law of international responsibility.

However, in this situation, measures taken cannot be a punishment and they cannot violate fundamental human rights.

What unfortunately is usually the case when unilateral sanctions today are imposed.

All other unilateral measures are illegal.

That's why I always call for states to act legally in accordance with the rules of international law.

Under international law, and I'm referring to the Wiener Convention on the Law of Treaties, states can, cannot invoke provisions of its national legislation or when we speak, for example, about the European Union, provisions of the regional organisation with pretty extranational competence as a ground not to fulfil the international obligations under international law.

That's why no, I'm against any measures which are illegal and I would like to reflect about this fear of education.

Being a professor on my own, I have noted how terrible is the impact of unilateral sanctions on the spur of education and at the very end, it affects the whole country, every single individual include including pupil at school and students at the university.

So as soon as any sanctions are imposed over any educational institutions, all cooperation with these institutions tops.

Professors lose the possibility of research projects of any cooperation of improvement of their capacity.

Nationals of the country lose the possibility to access international platforms or databases.

The cannot even participate in the online conferences because many countries report that the title they can't register their nationality, they have to go via VPN and to lie that their nationals of any other country.

No equipment necessary for training of students and even books can be delivered to the country.

And therefore I believe that the education in the same way as culture, as art and as sport are these fears which constitute the conscience of the country.

That's a part of culture.

And affecting the part of culture is absolutely inadmissible.

And moreover, affecting education means undermining qualification of future generation, affecting the right to development not of the country only, but affecting the right to development of every single individual who is in the process of getting knowledge or who teaches at one or another level.

[Other language spoken]

I think we don't have any other requests for questions and I think with that unless especially whether you have any concluding remarks.

[Other language spoken]

I would just like to thank everyone who came and to reaffirm that I'm very open for any further discussion and any further questions if the case or interest will appear.

[Other language spoken]

Thank you very much.

And with that, we come to the end of this press conference.

Thank you very much for your participation and have a great weekend.

HRC - Press Conference: Special Rapporteur on unilateral coercive measures - 15 September 2023