E/C.12/1997/8
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either not been taken into account at all or not given the serious
consideration they deserve. There is thus a need to inject a human rights
dimension into deliberations on this issue.
7.
The Committee considers that the provisions of the Covenant, virtually
all of which are also reflected in a range of other human rights treaties as
well as the Universal Declaration of Human Rights, cannot be considered to be
inoperative, or in any way inapplicable, solely because a decision has been
taken that considerations of international peace and security warrant the
imposition of sanctions. Just as the international community insists that any
targeted State must respect the civil and political rights of its citizens, so
too must that State and the international community itself do everything
possible to protect at least the core content of the economic, social and
cultural rights of the affected peoples of that State (see also General
Comment 3 (1990), paragraph 10).
8.
While this obligation of every State is derived from the commitment in
the Charter of the United Nations to promote respect for all human rights, it
should also be recalled that every permanent member of the Security Council
has signed the Covenant, although two (China and the United States) have yet
to ratify it. Most of the non-permanent members at any given time are
parties. Each of these States has undertaken, in conformity with article 2,
paragraph 1, of the Covenant to “take steps, individually and through
international assistance and cooperation, especially economic and technical,
to the maximum of its available resources, with a view to achieving
progressively the full realization of the rights recognized in the present
Covenant by all appropriate means ....” When the affected State is also a
State party, it is doubly incumbent upon other States to respect and take
account of the relevant obligations. To the extent that sanctions are imposed
on States which are not parties to the Covenant, the same principles would in
any event apply given the status of the economic, social and cultural rights
of vulnerable groups as part of general international law, as evidenced, for
example, by the near-universal ratification of the Convention on the Rights of
the Child and the status of the Universal Declaration of Human Rights.
9.
Although the Committee has no role to play in relation to decisions to
impose or not to impose sanctions, it does, however, have a responsibility to
monitor compliance by all States parties with the Covenant. When measures are
taken which inhibit the ability of a State party to meet its obligations under
the Covenant, the terms of sanctions and the manner in which they are
implemented become appropriate matters for concern for the Committee.
10.
The Committee believes that two sets of obligations flow from these
considerations. The first set relates to the affected State. The imposition
of sanctions does not in any way nullify or diminish the relevant obligations
of that State party. As in other comparable situations, those obligations
assume greater practical importance in times of particular hardship. The
Committee is thus called upon to scrutinize very carefully the extent to which
the State concerned has taken steps “to the maximum of its available
resources” to provide the greatest possible protection for the economic,
social and cultural rights of each individual living within its jurisdiction.
While sanctions will inevitably diminish the capacity of the affected State to
fund or support some of the necessary measures, the State remains under an