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UN Human Rights Commission on sanctions (fwd)



Forwarded extracts from the UN Human Rights Commission - the second
extract explicitly says that humanitarian exemptions, in the context of
sanctions, do NOT have the desired effect. It is also written that
states imposing sanctions have the OBLIGATION to respond to suffering
caused by their sanctions.

-----Original Message-----
From:   abf545@agora.ulaval.ca [SMTP:abf545@agora.ulaval.ca]
Sent:   02 February 1999 15:08
To:     ADC-ITF@leb.net
Subject:        [ADC-ITF] UN Human Rights EcoSoc - sanctions vs Iraq

The following extracts are from:Committee on Economic, Social, and
Cultural Rights
(United Nations Human Rights Commission), ''Note on the seventeenth
session'' 17 November to 5 December 1997.
http://www.unhchr.ch/html/menu2/6//cescrnote.htm

(...) The main issues of concern of the Committee were the deterioration
of the economic, social and cultural rights in Iraq; reports of
discrimination against members of minorities, including the Kurds and
the Marsh people, and against women; the prohibition of independent
trade unions; the increasing use of child labour; the situation of
squatters and the problem of forced evictions; the non-availability of
food, medicines and safe drinking water in many rural areas; and the
increasing illiteracy rate and the right to primary education in general
terms.
(...)
Furthermore, the Committee adopted a General Comment No. 8 (1997) on the
relationship between economic sanctions and respect for economic, social
and cultural rights. This General Comment received extensive press
coverage and great deal of interest from States parties to the Covenant.
It focuses on the DRAMATIC IMPACT SANCTIONS ALWAYS HAVE ON THE RIGHTS
recognized in the Covenant and underlines that, DESPITE THE INCLUSION OF
HUMANITARIAN EXEMPTIONS in the sanction regimes established by the
Security Council in order to ensure basic respect for economic, social
and cultural rights, A NUMBER OF RECENT UNITED NATIONS REPORTS AND
STUDIES SHOW THAT THESE EXEMPTIONS DO NOT HAVE THE EXPECTED EFFECT
(emphasis added).  It concludes by suggesting that three steps be taken,
which follow from the recognition of economic, social and cultural
rights:
1) these rights must be fully taken into account when a sanction regime
is being designed; 
2) effective monitoring should be undertaken throughout the period that
sanctions are in force, and
3) the party or parties responsible for the imposition, maintenance or
implementation of the sanctions have the OBLIGATION "to take steps,
individually and through international assistance and co-operation,
especially economic and technical", in accordance with article 2,
paragraph 1, of the Covenant, in order TO RESPOND to ANY
disproportionate suffering experienced by vulnerable groups within the
targeted country (emphasis added).

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