UnitedNations Arc.ztar,t,.to Distr.: Limited 2 November 2007 Original:English GeneralAssemblv Sixty-second session Third Committee Agenda item 70 (b) Promotion and protection of human rights: human rights questions,including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms Cuba: * draft resolution Human rights and unilateral coercivemeasures The General Assembly. Recalling all its previous resolutions on this subiect, the rnost recent of which Rights was resolution 6lll70 of l9 December 2006, resolution 611 of the Llun-ran Council of 28 Septernber2007r and previous resolutions of the Commission on Human I{ights, Realfirtning the pertinent principles and provisions contained in the Charter of Economic Rights and Duties of States proclaimed by the General Assembly in its resolution 3281 (XXIX) of l2 l)ecember 1974, in particular article 32 thereof, in which it declaredthat no State may use or encouragethe use of economic, political or any other type of measuresto coerce another State in order to obtain from it the subordinationof the exerciseof its sovereignrights, Taking nole of the report of the Secretary-General,2 submitted pursuant to Commission on Human Rights resolution l999l2l of 23 April 1999,3and the reports of the Secretary-General on the implementation of resolutions 52/120 of l2 December 1997aand 55/l l0 of 4 December 2000.5 * On behalf of the StatesMembersof the United Nations that are membersof the Movement of Non-alignedcountries. ' S e e A / H R C / 6 / L . 1 1 ( t o b e i s s u e d i n f i n a l f o r m a s O / / i c iR e c o r c l s o . f e G e n e r a l A s s e m b l . v , al th Sixtv-third Session.SupplementNo. 53 (A162/53)), chap. I, sect.A. 2 4,t62/255. 3 See Olficial Records ofthe Econontic and Social Council, 1999, SupplententNo. 3 (El1999/23), A c h a p .I l , s e c t . . 4 A/531293and Add. l. s A l 5 6 / 2 0 7a n d A d d .l . |ffiil |||] ililt ]il]il ililt ]ili ilil [l (E) 061 107 07-58065 AlC.3/62/L.50 stressing that unilateral coercive measures and legislation are contrary to international law, international humanitarian law, the charter of the United Nations and the norms and principres governing peacefurrelations among States, Recognizing the universal, indivisible, interdependent , and interrelated character of all human rights, and, in this regard, reaffirming the right to developmentas an integral part of all human rights, Recalling the Final Document of the Fourteenth conference of Heads of State or Govemment of the Non-Aligned Movement, held in Havana from l l to l6 September 2006,6 in which they agreed to oppose and condernn these measures or laws and their con^tinuedapplication, persevere with efforts to effectively reverse theln and urge other states to do likewise, as called for by the GeneralAssembly and other united Nations organs, and to request States applying these measuresor laws to revoke them fully and immediately, Recalling that the world conference on Human Rights, held at vienna from l4 to 25 June 1993' called upon States to refrain from any-uniiateral coercive measure not in accordance with international law and the Charter of the United Nations that createsobstaclesto trade relations among Statesand impedes the full realization of all human rights,T and also severely threaiens the freedom of trade, Bearing in mind all the references to this question in the copenhagen Declaration on Sociar Deveropment adopted by the worlj Summit for Sociar Development on l2 March 1995,8the Beijing Declaration and platform fbr Action adopted by the Fourth World Conference on Women on 15 September 1995,e the Istanbul Declaration on Human Settlementsand the Habitat egenaa adopted by the second United Nations conference on Human Settlements II) 1H-auitat on 14 June I 9 9 6 .r o a n d t h e i r f i v e - y e a rr e v i e w s , Expressing its concern about the negative impact of unilateral coercive measureson internationalrelations,trade, investment and cooperation, . ,Expressing its Srave concern that, in some countries, the situation of children is adversely affected by unilateral coercive measures not in accordance with international law and the Charter that create obstacles to trade relations among States, impede the full realization of social and economic development and hinder the well-being of the popuration in the affected countries, with particular consequences women and children, including adolescents, for Deeply concerned that, despite the recommendations adopted on this question by the General Assembly, the Human Rights Council, the former Commission on Human Rights and recent major united Nations conferences, and contrary to general international law and the Charter, unilateral coercive lneasures contrnue to be promulgated and implemented with all their negative implications for the socialhumanitarian activities and economic and ,o"rut d"u"roprnent of developing 6 A16l/472-S/2006/i80. annex L 7 S e dA / C O N F . l 5 7 l 2 4( p a r t I ) , c h a p .I I I , s e c t .l , p a r a .3 1 . 8 Report of the lltortd suynit_/or-Suiar Deveropment,copenhagen,6--r2 March r995(united Nationspublication,SalesNo. E.96.IV.g),chap. I, resolution I annex I. e Report of the Fourth rI/orrclConJbrence hmen, Beijing,4-r5 September on t995(united N a t i o n sp u b l i c a t i o nS a r e s o . E . 9 6 . r v r 3 ) , c h a p .I , r e s o l u t i o n , N 1,annexes andII. I to Report o/'the Llnited Nations Con/brenceon Humon settlement.s (Habitar II), Istanbul, 3-14Jutte 1 9 9 6( u n i t e d 'N a t i o n sp u b l i c a t i o nS a l e s o . E . g 7 . l v . 6 ) , c h a p . , N l , r e s o l u t i o n, a n n e x e 3 a n d I I . l I 07-5806s L I I NC.3/62tL.50 creating additional countries, including their extraterritorial effects, thereby of all human rights by peoples and individuals under obstacles to the full enjoyment the jurisdiction of other States, legislative, Bearing in mrnd all the extraterritorial effects of any unilateral practices of a coercive nature administratirre and economic measures, policies and againstthedevelopmentprocessandtheenhancementofhumanrightsin realization of all human dlveloping countries, which create obstacles to the full rights, obstacle to the Reffirming that unilateral coercive measures are a major I implementationof the Declaration on the Right to Development'r Recallingarticlel'paragraph2,commontothelnternationalCovenanton Social and and Political Rightsri unJ th" InternationalCovenant on Economic, Civil no case may a people be Righrsr2 *iich provides, inter alia, that in i"fi"."f of its own means of subsistence, deprived on the Right Noting the continuing efforts of the open-ended working-Group on Human Rights, and reaffirming in particular to Development of the commission one of the obstacles its criteria, according to which unilateral coercive measures are totheimplementationoftheDeclarationontheRighttoDevelopment' l.(Jrgesa||statestostopadoptingorimplementinganyunilateral charter of the United measures not in accordance with international law and the peaceful relations among States' in Nations and the norms antl principles governing effects' which particular those of u "o"r"irr" nature with all their extraterritorial impeding the full realization of create obstacles to trade relations among States,thus Rightsl3 and other the rights set fbrth in the Universal Declaration of Human the right of individuals and international human rights instruments, in particular peoplesto develoPment; not in Also urges all States not to adopt any unilateral measures 2. the full achievement accordance with international law and the Charter that impede by the population of the affected countries, in of economic and social development that create obstacles particular children and women, that hinder their well-being and their human rights, including the right of everyone to a io the f-ull enioyment of and his or her right standard of living adequate for his or her health and well-being well as to ensure that to food. medical care and the necessary social services, as are food and rneclicine not used as tools for political pressure; 3.Strongll'objectstotheextraterritorialnatureofthosemeasureswhich'in calls upon all addition, threaten the sovereignty of States and, in this context, nor apply them, as well as to Member States neither to recognize these measures to countcract the t a k e a d m i n i s t r a t r v eo r l e g i s l a t i v e m e a s u r e s .a s a p p r o p r i a t e . measures; extraterritorial applications or effects of unilateral coercive by Condemns the continued unilateral applicatiou and enforcement 4. with all these measures certain Powers of unilateral coercive measures and rejects as being tools for political or economic pressureagainst their extraterritorialeffects anycountry,inparticularagainstdevelopingcountries,adoptedwithaviewto R e s o l u t i o4 l l l 2 8 ,a n n c x n See resolution2200 A (XXl), aunex 2 R e s o l u t i o n 1 7A ( l l l ) . 07-58065 A/C.3/62/L.50 preventing these countries from exercising their right to decide, of their own free will' their own politicar, economic and social ,yrt"-r, and becauseof the negative effects of these rleasures on the realization of ail the human rights of vast sectors of their populations,i' particular children, wonlen and the elderly] 5' Real/irms that essential goods such as food and medicines should not be ttsed as tools for political coercion and that under no circumstancesshould people be deprived