Dr. Alena Douhan – UN Special Rapporteur on UCM
So, good afternoon dear participants. First of all, I would like to thank the organizers for convening this important event because unfortunately, currently we observe in this situation when the number of challenges in the sphere of maintenance of international peace and security is expanding incredibly and therefore it’s necessary first of all to identify the fact and to identify the challenges which make situation in the sphere of maintenance of international peace and security more complicated first and from the other side it’s necessary to look for the views which can be used to address these challenges in the sphere of maintenance of international peace and security. As a special rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights., I have addressed many aspects of the impact of unilateral sanctions means of the enforcement and over compliance.
As a result, I presented a number of reports addressing various elements at the same time as for the current moment I didn’t do the report on the impact of unilateral sanctions of maintenance of international peace and security, although it’s still in the plan. I have to admit that unfortunately, unilateral coercive measures means that the enforcement and over compliance have a very serious detrimental impact on the peace, security and stability in different parts of the world. The very first attempt to address the impact of unilateral sanctions from the perspective of the international peace and security took place in November 21 when the UN Security Council and the former top area for the medieval meeting has addressed this issue in general. Half a year ago in early 2024 the UN Security Council has addressed the impact of unilateral sanctions on implementation of the UN global counterterrorism strategy.
And on November 25 this year, so basically in two weeks, it’s planned to discuss the issue of the impact of unilateral coercive measures on the delivery of humanitarian assistance, including within the resolution 2664 adopted by the UN Security Council in December 2022. So generally speaking, we already have a situation worldwide when the impact of unilateral sanctions on the maintenance of international peace and security is addressed partially. But at the same time, it’s necessary to admit that at the current moment, just few elements have been addressed. At the same time, I believe that the impact of unilateral sanctions on the peace and security is very broad. And today, I will try to address some of the elements. First of all, it’s necessary to say that unilateral sanctions means of the enforcement of overcompliance affect the stability in the countries which are subjected to unilateral sanctions as well as due to the spill over effect, they address the affect the whole regions. I will give you a few examples. First of all, in the majority of countries, as soon as unilateral sanctions are imposed, the situation becomes less stable. There could be quite often the higher level of inflation is observed. The level of poverty is growing. People do not have access to basic needs, including to specific types of medicine, and they have to move to the neighboring countries. While moving to the neighboring countries because of not being able to cover the 11 expenses at home, or to get access to necessary medicine, or to education, and to the necessary treatment, these people create instability in the region.And as a result, it establishes a threat to the international peace and security
There have been multiple reports about many people coming from the countries under sanctions like for example Syria and Zimbabwe, prevented even Venezuela, prevented from getting sufficient medical assistance in their homeland. that are moving by huge groups in the neighboring countries just to get access to health facilities. And as a result, taking to account that neighboring countries could probably not be ready to handle the growing number of people with health services. That created a third of the autonomy and instability in relations between the nationals of the countries where they moved and the nationals of the countries under sanctions. Second very important challenge of unilateral sanctions is the other refugee flows. Here we could observe several examples. In particular Iran is hosting a huge number of Afghan refugees who moved from Iran also being the subject to both international and unilateral sanctions.And taking to account that the economic situation in Iran as well as humanitarian situation in Iran is very scary. People are moving in huge groups. And at the same time Iran due to unilateral sanctions is not a is left alone to handle the situation with refugees, They’re obliged to provide it with a huge amount of food, medicine, health facilities,as well as the basic treatment and the financial assistance as well. In many other countries under sanctions, like for example in Syria or Zimbabwe or Venezuela,cuba people are moving from the country because of being desperate about the future. They live without any place where they go. Quite often they live without any money to be brought with them. And as a result, the UN Security Council has already recognized the existence of the huge flows of refugees as a
threat to international peace and security, destabilizing situation in the whole regions.Taking to account that today countries and the sanctions cannot expect to get real assistance for refugees coming from the neighboring countries or coming from this country’s situation becomes extremely challenging. The second sphere we shall be addressed and which is affected by the use of unilateral sanctions are challenges happening in. this fear of trans-vondory crime.When people become desperate, when they live in Hungary, they do not have any access to food,medicine and sometimes they do not see any future, they become more vulnerable. Quite often,some of them I choose to get engaged into the great schemes, great economic schemes or as I reflected in my country visit to Venezuela report where 46% of people are involved in the great economy because the income they are receiving, the public sector is not sufficient to coverthe living expenses. Or for example, they might decide to engage into criminal activity because there is no other possibility to earn money. Additionally, many people, especially the most vulnerable marginalized group, might get subjected to the crimes like for example, the human trafficking or trafficking in organs, so illegal trafficking of human organs and tissues or sexual exploitation in some cases. In multiple reports, for example, in the report about the country visit to Zimbabwe, I reflected on the situation when the illegal safaris as well as illegal trade with flora and fauna, including those being indentured, is taking place as soon as the government doesn’t have sufficient finances to control the situation in the national parks. In Syria, there are multiple reports concerning the illegal trade with the parts of Syrian cultural heritage. There is a resolution of the unsecurity council which requires false taste to stop it and to return the Syrian cultural heritage back to Syria. But at the current point, it doesn’t help much.And as a result, many of the crimes which are initiated or to which the unilateral sanctions create conditions conducive to the engagement of people in that, in particular international terrorism, the human trafficking, illegal trafficking of human organs and tissues, illegal trafficking of cultural values of flora, fauna and many other times have already been recognized by the UN Security Council as constituted a threat to the maintenance of international peace and security. And the UN Security Council has called all states to work together to ensure the joint response to these crimes because it’s not possible to struggle against transpondering crimes all alone. What’s happening in reality, however, if we analyze, for example, the resolutions of the UN General Assembly about implementation of the global UN counterterrorism strategy, it will be possible to observe that nearly every single pillar essential for the improper implementation of the strategy is affected by the use of unilateral sanctions.. First of all, the global counterterrorism strategy requests all states to take necessary steps to minimize poverty, hunger, provide good education to get access to decent life and a highest attainablelevel of health. All these areas have been severely affected by the use of unilateral sanctions
against many of countries. And as a result, it creates unilateral sanctions create conditions of facilitate creation of conditions conducive to international terrorism.,
I would say, to different types of international crimes. Then the global counterterrorism strategies refers to the obligation of states to provide transparency in order to avoid money laundering and terrorism financing. Taking to account that many unilateral sanctions request limit access to financial institutions as well as prevent the possibility of the direct financial transactions, many countries and the sanctions have to use a number of mediators to be able to pay or to use different types of alternative fees. Taking to account that it’s not possible to use direct transparent means of payment, the use of alternative fees is usually going in the covered way because otherwise it will also be blocked by those countries which impose sanctions..
And as a result, the transparency is disappearing. So transactions in the face of unilateral sanctions become really non-transparent. One of the dangers which I see today is, for example, the bill which has been brought to the US Senate in July this year, which basically seeks if adopted. And I believe that observing the current tendencies, there are very high chances to be adopted, which is intended to keep the full US control over the mechanisms of financial transaction..And it provides, it seeks to provide United States with the announced right to impose sanctions against any institution using alternative means of payment in particular the Chinese,, Russian and Iranian one. So by doing that, the United States will try to impose even more sanctions to keep all financial transaction under its full control and to block any access to financial systems for those countries which are already under sanctions. Another area which is extremely
important in this struggle against trans-bondery crime is full of terrence and observance of human rights. As I have reflected in my multiple report, the use of unilateral sanctions,meat of the enforcement and over-compliance is violating a broad scope of internationally recognized human rights. And therefore, we cannot even speak about the human rights observance.. And that’s another reason which makes the countries more vulnerable and makes them less prepared to struggle against different types of international crimes. Another sphere which is included in the global fight against international terrorism as well as other international crimes is the adherence to the rule of law. As I repeatedly reflected, the unilateral sanctions are fully illegal and as a result, they do not adhere to the rule of law. There is currently a tendency to supplement the rule of law by the so-called rule-based order, which is basically are the rules which are intended to be imposed by those countries which impose sanctions, which have nothing to do with international law in reality. But at the same time due to the use of very similar words and due to the rhetoric intent to provide additional confusion at the international area, especially in the sphere of international law. Another very important challenge and
reminding international peace and security is the effect of unilateral sanctions on international cooperation. In order to be able to mind an international peace and security, states shall work together. They shall look for the ways to settle their disputes and peaceful bay if they disagree with each other. And unfortunately, the tendency to impose into unilateral sanctions tries to seek to put one state above another state, saying that we know how it shall be better we will punish you. That is fully again the principle of sovereign equality of states and principle of non-intervention to domestic affairs of states. And it doesn’t help to find the solution of the disputes. It vice versa might make the relations between countries and it makes relations between countries much worse. Secondly, when it comes to cooperation, I’m talking about the number of other international treaties have been violated. The very clear example is the Treaty of amity, which existed between Iran and the United States of America, which has been recently withdrawn by the US during the consideration of both cases by the International Court of Justice. And the United States presented the situation as one of the victories like finding a way how not to be requested to perform its obligations. So many treaties are apparent to cooperation. The bilateral treaties of mutual support, for example, and assistance in getting evidence abroad. Incorporating and criminal matters as concerned with specific types of crimes or in general. Multilateral treaties relevant to the even function of civil aviation because it’s supposed to take serious measures to ensure the security. Many multilateral treaties referring to the struggle to trans-bondory crimes. They cannot be performed due to unilateral sanctions. From the point of international law, states cannot withdraw from the treaty today for today. Every treaty sets force procedure for this struggle. So basically states can withdraw. But at the same time, taking to account that international law is based on the principles of sustainability and the predictability of international relations. In such a way, states cannot withdraw very fast. The minimal term when one state shall inform all other states about the willingness to withdraw shall be 12 months in accordance with the dinner convention on the law of international treaties. And the effort basically to be able to ensure and to take necessary step to stop these violations and to hold countries responsible. There is a higher need to look at these treaties referring to the cooperation between states. And when we talk about cooperation, one of the very important spheres, especially in the societies which have already been affected by military conflicts or both internal and international is the reconstruction effort. And unilateral sanctions are quite often imposed on the countries which have already been affected by military conflicts or different types of hostilities on its territory, like for example Syria. And at the same time, the 2023 act about the anti-normalization of relations with Syria doesn’t only intend to limit the free will of states to cooperate with Syria. But at the same time, it seeks to stop any possibility for reconstruction in the country which has already been severely affected by war. Another very important challenge for the maintenance of international peace and security affected by the unilateral sanctions , is access to humanitarian assistance. So as I have already mentioned, the REA formula meeting on November 25 will focus directly on the delivery of humanitarian assistance. And the UN Security Council have repeatedly recognized that even its own sanctions, which are legal from the perspective of international law, might have very serious negative humanitarian implications. And for those purposes, it adopted resolution 2064, which basically is supposed to unfreeze assets to be used to deliver humanitarian assistance, even if the assets have been frozen upon resolution of the UN Security Council. At the same time, we currently observe very dangerous tendencies when from one side, this resolution of the UN Security Council cannot be properly implemented, taken to account that states usually impose additional sanctions in states and impose additional unilateral sanctions much broader than those by the UN Security Council. And therefore, although banks might recognize that they shall release the assets frozen upon the resolution of the UN Security Council, they will never do any transaction taken to account that usually there are also financial unilateral sanctions imposed by a different state. Moreover, currently there are humanitarian actors report about the reluctance of donors to provide finances or any other types of assistance for deliver of humanitarian aid to the countries and the sanctions because of the challenges and very strict rules, which are set for humanitarian organization, and as well as all the more straightforward obligation to report about use of any money and the monitoring of all supply chain or also for humanitarian assistance. There are other challenges like, for example, the referring to the obligation of humanitarian actors to make sure that humanitarian assistance is used for humanitarian purposes only. The freedom on basic principles of humanitarian operations set for us in the resolution of the UN Security Council are affected, in particular, impartiality, non-discrimination, the principle of humanity. All together, these factors and these consequences
of the use of unilateral sanctions means of the enforcement and dollar compliance , create additional challenges to the maintenance of international peace and security and prevent the reconstruction and restoration of the societies affected by different types of activities as well as affected, for example, by acts of terror. I will stop here and we’ll be
open for your questions. Thank you very much.