E/C.12/1997/8
page 4
obligation to ensure the absence of discrimination in relation to the
enjoyment of these rights, and to take all possible measures, including
negotiations with other States and the international community, to reduce to a
minimum the negative impact upon the rights of vulnerable groups within the
society.
11.
The second set of obligations relates to the party or parties
responsible for the imposition, maintenance or implementation of the
sanctions, whether it be the international community, an international or
regional organization, or a State or group of States. In this respect, the
Committee considers that there are three conclusions which follow logically
from the recognition of economic, social and cultural human rights.
12.
First, these rights must be taken fully into account when designing an
appropriate sanctions regime. Without endorsing any particular measures in
this regard, the Committee notes proposals such as those calling for the
creation of a United Nations mechanism for anticipating and tracking sanctions
impacts, the elaboration of a more transparent set of agreed principles and
procedures based on respect for human rights, the identification of a wider
range of exempt goods and services, the authorization of agreed technical
agencies to determine necessary exemptions, the creation of a better resourced
set of sanctions committees, more precise targeting of the vulnerabilities of
those whose behaviour the international community wishes to change, and the
introduction of greater overall flexibility.
13.
Second, effective monitoring, which is always required under the terms
of the Covenant, should be undertaken throughout the period that sanctions are
in force. When an external party takes upon itself even partial
responsibility for the situation within a country (whether under Chapter VII
of the Charter or otherwise), it also unavoidably assumes a responsibility to
do all within its power to protect the economic, social and cultural rights of
the affected population.
14.
Third, the external entity has an obligation “to take steps,
individually and through international assistance and cooperation, especially
economic and technical” in order to respond to any disproportionate suffering
experienced by vulnerable groups within the targeted country.
15.
In anticipating the objection that sanctions must, almost by definition,
result in the grave violations of economic, social and cultural rights if they
are to achieve their objectives, the Committee notes the conclusion of a major
United Nations study to the effect that “decisions to reduce the suffering of
children or minimize other adverse consequences can be taken without
jeopardizing the policy aim of sanctions”. 4/ This applies equally to the
situation of all vulnerable groups.
16.
In adopting this general comment the sole aim of the Committee is to
draw attention to the fact that the inhabitants of a given country do not
forfeit their basic economic, social and cultural rights by virtue of any
determination that their leaders have violated norms relating to international
peace and security. The aim is not to give support or encouragement to such
leaders, nor is it to undermine the legitimate interests of the international
community in enforcing respect for the provisions of the Charter of the