HRC54 - Biennial panel discussion on unilateral coercive measures and human rights - EU statement
United Nations Human Rights Council
54th session
Biennial panel discussion on unilateral coercive measures and human rights
14 September 2023
EU Statement
Chair, distinguished panelists,
The European Union reiterates its principled position that the Human Rights Council is not the appropriate forum to address the issue of autonomous sanctions.
Nevertheless, the EU deems it important to clarify the key principles and features of EU sanctions to foster greater understanding and underscore their legitimacy and lawfulness.
EU sanctions are imposed specifically on individuals and entities responsible for serious breaches of international law and human rights violations. They are intended to bring about a change in policy or activity by targeting those responsible for the harmful conduct in question.
EU restrictive measures are in full conformity with the obligations of the EU and Member States under international law, in particular international human rights law and international humanitarian law.
The EU and its Member States are a leading donor of external assistance in the world, including to countries where sanctions are in place. EU sanctions are carefully crafted to avoid any unintended consequences for food security in countries around the globe. That is why agricultural and food products, including grain and fertiliser, medicines and other emergency supplies are never targeted by EU sanctions.
The EU is committed to avoid and where unavoidable, mitigate to the maximum extent any potential unintended negative impacts of EU restrictive measures on principled humanitarian action. EU sanctions policy fully adhere to humanitarian principles and international humanitarian law by consistently including humanitarian exceptions in EU restrictive measures regimes. Unfortunately, food security around the globe is greatly threatened. Not by sanctions, but by the continuous and targeted destruction of global food supply in Ukraine by the Russian Federation.
Sanctions are never an end in themselves, but form part of a wider comprehensive political strategy involving, amongst other, political dialogue and other instruments. They constitute a legitimate and lawful tool of foreign and security policy to defend human rights and the principles of international law and a means to promote international peace and security as well as democracy. At the same time, sanctions are reversible, gradual and proportionate to the objectives they seek to achieve.
Some are mandated by the United Nations Security Council, whereas others are adopted autonomously by the EU. In fact, EU restrictive measures can contribute to filling a void in situations where certain countries prevent the UN Security Council from living up to its responsibility to take action, e.g. preventing the export of certain types of weapons/arms to Syria. Where persons or entities are targeted by sanctions, human rights are fully respected, as required by the EU Treaties and the EU Charter of Fundamental Rights.
EU restrictive measures, including sectoral economic measures, are always targeted and decided on a case-by-case basis. The EU does not impose full trade embargoes. They are based on specific listing criteria, require legally robust evidence, and are accompanied by a corresponding reasoning. As a reflection of fair trial and due process rights, listed persons and entities may challenge their listing before the Court of Justice of the European Union; a number of such challenges have been successful before EU Courts. In addition, the EU reviews sanctions regimes and designations on a regular basis either annually or on a six-monthly basis.
EU sanctions do not have any extra-territorial application and only apply within EU jurisdiction. They do not create obligations for non-EU operators, unless their business is conducted at least partly within the EU.
Furthermore, to avoid the risk of over-compliance, the EU is undertaking various measures to support relevant stakeholders with implementation. The EU also actively engages with all parties involved in humanitarian assistance, such as donors, regulators, NGOs, and banks. Lastly, the EU has established a contact point for humanitarian operators to assist in resolving questions concerning humanitarian exemptions and applications for licenses.
The EU and its Member States stand ready to work with the UN and all its members to implement shared responsibilities within the UN Framework to uphold the principles of the UN Charter.
I thank you.