Nations United

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Distr.: Limited 2 November 2007 English Origir-ral:

GeneralAssemblY

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. Recctllingall its previous resolutionson this subject, the tnost recent of which was resolution 6ll170 of l9 December 2006, resolution 617 of the Hunran Rights Council of 28 September 20071 ancl previous resolutions of the Comrnission on Human I{ights, Reaffirming the pertinent principles and provisions contained in the Charter of its Economii Rights and Duties of States proclaimed by the Gencral Assembly in particular article 32 thereof, in resolution 3281 (XXIX) of l2 December 1914, 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 thc subordinationofthe exerciseof its sovereignrights' Tctking note of the report of the Secretary-General,2 submitted pursuant to of Commission on Human Rights resolution 1999121 23 April 1999,3and the reports on the implementation of resolutions 521120 of of the Secretary-General a 1 2 D e c e m b e r1 9 9 7 a n d 5 5 / l 1 0 o f 4 D e c e m b e r2 0 0 0 , 5

* On behalf of the States Members of the UrritedNations that are membersof the Movemenl of Non-alignedcountries. r SeeA/HRC/6/L.11 (to be issued in final form as O//iciat Records oJ the Generoi Assembl,-' chap' I, sect A' SupplementNo. 53 (A162153))' Sixtv-thirdSession, (El1999/23)' SeeOfficial Records of the Econontic ancl Sociql Council, 1999, Supplenent No' 3 I I , s e c t .A . chap. A 1 5 3 1 2 9a n dA d d . l . 3 and Add. l. Al56/20'7

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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 principles governing peaceful relations among States, Recognizing the universal, indivisible, interdependent and interrelated character of all human rights, and, in this regard, reaffirming the right to development as an integral part of all human rights, Recalling the Final Document of the Fourteenth Conferenceof Heads of State or Govemment of the Non-Aligned Movement, held in Havana from I I to l6 Septernber2006,6 in which they agreed to oppose and condemn these measures or laws and their continued application, persevere with efforts to effectively reverse thern and urge other Statesto do likewise, as called for by the GeneralAssembly and other United Nations organs, and to request Statesapplying 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 Statesto refrain from any unilateral 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,z and also severelythreatensthe freedom of trade, Bearing in mind all the references to this question in the copenhagen Declaration on Social Development adopted by the World Summit for Social Devefopment on 12 March 1995,8the Beijing Declaration and Platform for Action adopted by the Fourth world conference on wbmen on l5 September 1995,e the Istanbul Declaration on Human Settlementsand the Habitat Agenda adopted by the second united Nations conference on Human Settlements(Habitat II) on 14 June r 1 9 9 6 . 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, investmentand cooperation, Expressing its grave 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 population 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 measures continue to be promulgated and implemented with all their negative implications for the socialhumanitarian activities and economic and social developrnent of developing
6 Al6l/472-3/20061780, annex L 7 See A/CONF.l57 124 (Part I), chap. III, sect. l, para. 31. 8 Repttrt of the lltorld Summilfor Social Development, Copenhagen, 6-12 March 1995 (United Nations publication, Sales No. 8.96.IV.8), chap. I, resolution l, annex I. e Report of the Fourth ll/orld Conference on Ll/omen, Beijing,4,l5 September t995 (united N a t i o n s p u b l i c a t i o n , S a i e s N o . E . 9 6 . l v l 3 ) , c h a p . I , r e s o l u t i o n l , a n n e x e sI a n d l I . t{t Report of the Llnited Nalions Confbrence on l{uman Settlements (Hahitat II), I.stonbul,3-14 June 1996 (United Nations publication, Sales No. E.97.1V.6), chap. I, resolution l, annexei I and tI.

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Alc.3162tL.50 creating additional couutries. including their extraterritorial effects, thereby peoples and individuals under obstacles to the full enjoyment of all hurnan rights by the iurisdiction of other States, legislative, Bearing in mtnd all the extraterritorial effects of any unilateral measures,policies and practices of a coercive nature administrative and economic againstthedevelopmentprocessandtheenhancementofhumanrightsin of all human dlveloping countries, which create obstacles to the full realization rights, obstacle to the Reffirming that unilateral coercive measures are a major I implementation of the Declaration on the Right to Development'r covenant on Recalling article 1, paragraph 2, common to the International und th" InternationalCovenant on Economic' Social and Civil and Poliiical Rightsr; may a people be iutiurA Rightsr2 wh-ich provides, inter alia, that in no case of subsistence, deprived of its own means on the Right l,loting the continuing efforts of the open-ended working Group reaffirming in particular to Developlent of the Commission on Human Rights, and one of the obstacles its criteria, according to which unilateral coercive measuresare Development' to the implementation of the Declaration on the Right to (/rges all States to stop adopting or implementing any unilateral l. of the United measures not ir.r accordance with iniernational law and the Charter and principles governing peaceful relations among States,in Nations and the nonns effects, which particular those of u ,o"."i,r" nature with all their extraterritorial relations among States,thus impeding the full realizationof createobstaclesto trade and other the rights set tbrth in the Universal Declaration of Human Rightsl3 rights instruments, in particular the right of individuals and international human peoplesto develoPment; 2.AlsourgesallStatesnottoadoptanyunilateralmeasuresnotin the full achievement accordance with international law and the Charter that impede of the affected countries, in of economic and social development by the population create obstacles particular children and women, that hinder their well-being and that the right of everyone to a io the full enjoyment of their human rights, including and his or her right standard of living adequate for his or her health and well-being as well as to ensure that to food, medical care and the necessarysocial services, food and meclicineare not used as tools for political pressure; in strongly objects to the extraterritorial nature of those measures which, 3. all calls upon addition, threaten the sovereignty of States and, in this context, to recognize these measuresnor apply them, as well as to Member States neither to counteract the take administratrve or legislative measures, as appropriate, extraterritorialapplicationsor effects of unilateral coercive measures; by Conclemns the continued unilateral application and enforcement 4. rejects these measureswith all certain Powers of unilateral coercive measuresand pressureagainst their extraterritorial effects as being tools for political or economic adopted with a view to any country, in particular against developing countries'
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4 Resolution ll128, annex Seeresolution2200A (XXI), annex. 2 Rcsolution 17A (lll).

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Atc.3t62tLso preventing these countries from exercising their right to decide, of their own free will, their own political, economic and social systems,and becauseof the negative effects of these rlcasures on the realization of all the human rights of vast sectors of their populations,in particular children, wonten and the elderly; 5. Real/irms that essential goods such as food and medicines should not be Itsed as tools for political coercion and that under no circumstancesshould people be deprived of their own means of subsistence and development; 6. Calls upon Member States that have initiated such measures to abide by the principles of international law, the charter of the United Nations, the declarations of thc United Nations and world conferences and relevant resolutions and to commit thetnselvesto their obligations and responsibilitiesarising from the intemational human rights instrulnents to which they are party by revoking such measuresat the earliest possible time; 7. Reaffirnt.s. in this context. the right of all peoples to self-determination, by virtue of which tlrey freely determine their political statusand freely pursue their econornic,social and crrlturaldevelopment; 8. Re.ca/lsthat, according to the Declaration on Principles of International Larv concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, contained in the annex to General Assembly resolution 2625 (XXV) of 24 October 1970. and according to the relevant principles ancl provisions contained in the Charter of Economic Rights and Duties of States proclain-red the Assernbly in its resolution 328 I (xxIX) of l2 December 1974, in by particular article 32, no Statemay use or encouragethe use of economic,political or any other type of measures to coerce another State in order to obtain from it the subordinationofthe exerciseofits sovereignrights and to securefrom it advantages of any kind; 9. Rejects all attempts to introduce unilateral coercive measures and urges the Human Rights Council to take fully into account the negative impact of these measurcs, including through the enactmcnt of national laws and their extraterritorial application which are not in confonnity with internationallaw, in its task concerning the irnplementatior.r the right to development; of 10. Reqttest,s United Nations High commissioner for Human Rights, in the clischarging her functions relating to the promotion, realization and protection of the right to devclopment and bearing in mind the continuing impact of unilateral coercive uleasureson the population of developing countries,to give priority to the presentresolution in her annual report to the GeneralAssembly; ll. Underlines that unilateral coercrve measures are one of the major obstaclesto the implementation of the Declaration on the Right to Developmentrl and, in this regard. calls upon all States to avoid the unilateral imposition of economic cocrcive illeasures and the extraterritorial application of domestic laws which run cotulter to the prirrciples of free trade and hamper the development of developing countries, as recognized by the IntergovernmentalGroup of Experts on the Right to Development; 12. Recognizes that the Declaration of Principles adopted at the first phase of the world Sumrnit on the Information Society, held in Geneva from l0 to

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l2 December 2003,ta strongly urged Statesto avoid and refrain from any unilateral measurein building the inforrnation society; 13. Supports the invitation of the Human Rights Council to all special rapporteurs and existing thematic mcchanisms of the Council in the field of economic, social and cultural rights to pay due attention, within the scope of their of respectivemandates,to the negative impact and consequences unilateral coercive measures; 14. Requests the Secretary-Generalto bring the present resolution to the attention of all Member States.to continue to collect their views and inforrnation on the implications and negative effects of unilateral coercive measures on their popglations and to submit an analytical report thereon to the GeneralAssembly at its sixty-third session,while reiterating once again the need to highlight the practical and preventive measuresin this respect; 15. Decicles to examine the question on a priority basis at its sixty-third "Human rights questions,including alternative session under the sub-item entitled approaches for improving the effective enjoyment of human rights and fundarnental freedoms".

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