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Prof Alena Douhan
“Most recently, I presented a report to the (United Nations) General Assembly that examined access to justice for those affected by sanctions and over-compliance, including Zimbabwe. The findings revealed significant barriers, with meaningful remedies often inaccessible to affected individuals and communities. This lack of access to justice exacerbates the humanitarian crisis caused by sanctions.”
Today, the world is witnessing the growing use of unilateral sanctions as a means of enforcement, often accompanied by over-compliance.
This trend raises serious concerns, not only in terms of international legal norms but also due to its significant humanitarian impact.
One of the key challenges is the lack of mechanisms to address and resist these violations effectively, including ensuring meaningful remedies for those affected by such sanctions.
To address these gaps, I initiated the development of Guiding Principles on Sanctions, Business and Human Rights, along with an accompanying commentary.
This framework aims to strengthen existing treaty and customary norms while providing detailed guidance for each principle to support their implementation.
Recognising the need for inclusive dialogue, I organised this conference as a platform for diverse stakeholders — governments, non-governmental organisations, humanitarian organisations, academics, lawyers and others — to exchange views.
The conference will focus on identifying the humanitarian and legal challenges posed by unilateral sanctions and exploring ways to refine the guiding principles and their commentary.
One of the most pressing issues is the near absence of dialogue between countries imposing sanctions and those subjected to them.
This contradicts the principles of peaceful dispute resolution and international cooperation, which are fundamental to the international legal order.
Through this conference, I hope to foster meaningful discussion and collaboration, encouraging states and stakeholders to work together constructively.
This could serve as a starting point for developing solutions that align with international legal principles and humanitarian concerns.
Stance on Zimbabwe sanctions
During my country visit to Zimbabwe over two years ago, I observed first-hand the humanitarian impact of unilateral sanctions on the country.
These sanctions, which are not in compliance with international law, have far-reaching effects on the population.
Although these measures are often described as “targeted”, their impact extends to the entire population, particularly the most vulnerable and marginalised groups.
They exacerbate humanitarian suffering, hinder the country’s development and limit access to essential services like education.
In my report to the Human Rights Council, I recommended the removal of all sanctions against Zimbabwe.
These measures not only violate international law but also fail to achieve their stated objectives, instead causing disproportionate harm to ordinary citizens.
Anti-sanctions lobby
As a UN Special Rapporteur, my mandate includes drafting thematic reports, conducting country visits, sending communications and initiating other actions to address these issues.
In addition to my visit to Zimbabwe, I have conducted visits to five other countries, each focusing on the humanitarian and legal challenges associated with unilateral sanctions.
I have also prepared a series of thematic reports, two of which are particularly relevant here.
These reports address the impacts of unilateral sanctions and the widespread issue of over-compliance, which often results in human rights violations.
Most recently, I presented a report to the (United Nations) General Assembly that examined access to justice for those affected by sanctions and over-compliance, including Zimbabwe. The findings revealed significant barriers, with meaningful remedies often inaccessible to affected individuals and communities. This lack of access to justice exacerbates the humanitarian crisis caused by sanctions.
To address these issues, I have also been advocating the implementation of the Guiding Principles on Sanctions, Business and Human Rights.
This initiative encourages states to uphold the rule of law and prioritise humanitarian concerns in their actions.
Prof Alena Douhan is the United Nations Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights. She was speaking to The Sunday Mail’s Debra Matabvu on the sidelines of the International Conference on Sanctions, Business and Human Rights in Geneva, Switzerland.
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