Calls for the creation of compensation commissions

International sanctions: UN rights expert calls for the creation of compensation commissions

GENEVA (9 September 2016) – The United Nations expert on human rights and international sanctions, Idriss Jazairy, today called for the creation of compensation commissions under the auspices of the UN, to help those affected by unilateral sanctions bring their claims against States or international organizations.

In his new report* to the Human Rights Council, the expert noted that victims of international sanctions often face huge difficulties when trying to obtain remedies, compensation or redress for the human rights violations they have endured. “Few mechanisms exist that can grant effective remedies and damages to victims of sanctions, and their powers are often limited,” Mr. Jazairy noted.

“In each situation where sanctions have a negative impact on human rights, appropriate mechanisms at the national or international level should be made available to victims so they can seek remedies, compensation and redress,” he said. “Unfortunately, this is clearly an area where the rule of law is at least partly absent and where the rights of the most vulnerable are often neglected.”

This situation is the result of a “diplomatic blind spot” on international sanctions and of the lack of agreement within the international community on their legality, the expert said. “While a number of countries agree on the need to only apply sanctions complying with international law although there is no clear definition of what this encompasses, others maintain that all international sanctions are illegal per se.”

The human rights expert noted that another urgent issue lies in the absence of an independent judiciary with general jurisdiction over unilateral sanctions to adjudicate disputes at world level. “Such a body would allow States and individuals to appeal against the substance of sanctions, and not just against procedural issues as it is currently the case. A possibility should exist to question the political motivations behind the sanctions,” he said.

“It is not acceptable, that entire populations of a large number of States should be deprived of access to any forum or mechanism through which they could seek remedies, compensation and redress,” said Mr. Jazairy. “This contravenes some of the most basic human rights obligations enshrined in international human rights law and treaties.”

“I urge the Human Rights Council and the UN General Assembly, through a solemn Declaration, to reaffirm the right of victims to an effective remedy, including appropriate and effective financial compensation, in all situations where their human rights are affected by unilateral coercive measures,” he stated.

The Special Rapporteur also highlighted the importance of setting up a consolidated central register within the UN system of all the international sanctions in force, adding that these findings should be made public. This mechanism, which would enhance transparency and accountability, could draw on the model of the United Nations Register of Conventional Arms set up in 1991, he concluded.

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