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Chapter 8 CESCR General Comment No. 8 (1997) on the Relationship Between Economic Sanctions and Respect for Economic, Social and Cultural Rights 1. Economic sanctions are being imposed with increasing frequency, both internationally , regionally and unilaterally. The purpose of this general comment is to emphasize that, whatever the circumstances, such sanctions should always take full account of the provisions of the International Covenant on Economic, Social and Cultural Rights. The Committee does not in any way call into question the necessity for the imposition of sanctions in appropriate cases in accordance with Chapter VII of the Charter of the United Nations or other applicable international law. But those provisions of the Charter that relate to human rights (Articles 1, 55 and 56) must still be considered to be fully applicable in such cases. 2. During the 1990s the Security Council has imposed sanctions of varying kind and duration in relation to South Africa, Iraq/Kuwait, parts of the former Yugoslavia, Somalia, the Libyan Arab Jamahiriya, Liberia, Haiti, Angola, Rwanda and the Sudan. The impact of sanctions upon the enjoyment of economic, social and cultural rights has been brought to the Committee’s attention in a number of cases involving States parties to the Covenant, some of which have reported regularly, thereby giving the Committee the opportunity to examine the situation carefully. 3. While the impact of sanctions varies from one case to another, the Committee is aware that they almost always have a dramatic impact on the rights recognized in the Covenant. Thus, for example, they often cause signiWcant disruption in the distribution of food, pharmaceuticals and sanitation supplies, jeopardize the quality of food and the availability of clean drinking water, severely interfere with the functioning of basic health and education systems, and undermine the right to work. In addition, their unintended consequences can include reinforcement of the power of oppressive élites, the emergence, almost invariably, of a black market and the generation of huge windfall proWts for the privileged élites which manage it, enhancement of the control Original notes omitted. of the governing élites over the population at large, and restriction of opportunities to seek asylum or to manifest political opposition. While the phenomena mentioned in the preceding sentence are essentially political in nature, they also have a major additional impact on the enjoyment of economic, social and cultural rights. 4. In considering sanctions, it is essential to distinguish between the basic objective of applying political and economic pressure upon the governing élite of the country to persuade them to conform to international law, and the collateral inXiction of suffering upon the most vulnerable groups within the targeted country. For that reason, the sanctions regimes established by the Security Council now include humanitarian exemptions designed to permit the Xow of essential goods and services destined for humanitarian purposes. It is commonly assumed that these exemptions ensure basic respect for economic , social and cultural rights within the targeted country. 5. However, a number of recent United Nations and other studies which have analysed the impact of sanctions have concluded that these exemptions do not have this effect. Moreover, the exemptions are very limited in scope. They do not address, for example, the question of access to primary education, nor do they provide for repairs to infrastructures which are essential to provide clean water, adequate health care, etc. The Secretary-General suggested in 1995 that there is a need to assess the potential impact of sanctions before they are imposed and to enhance arrangements for the provision of humanitarian assistance to vulnerable groups. In the following year, a major study prepared for the General Assembly by Ms Graça Machel, on the impact of armed conXict on children, stated that “humanitarian exemptions tend to be ambiguous and are interpreted arbitrarily and inconsistently. . . . Delays, confusion and the denial of requests to import essential humanitarian goods cause resource shortages. . . . [Their effects] inevitably fall most heavily on the poor.” Most recently, an October 1997 United Nations report concluded that the review procedures established under the various sanctions committees established by the Security Council “remain cumbersome and aid agencies still encounter difWculties in obtaining approval for exempted supplies. . . . [The] committees neglect larger problems of commercial and governmental violations in the form of black-marketing, illicit trade, and corruption.” 6. It is thus clear, on the basis of an impressive array of both country-speciWc and general studies, that insufWcient attention is being paid to the impact of sanctions on vulnerable groups. Nevertheless, for various reasons...

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