Guiding Principles/Guidance on humanitarian action in the face of unilateral sanctions and overcompliance (Special Rapporteur on unilateral coercive measures)

The present Guidance on unilateral coercive measures and humanitarian action (hereinafter the Guidance) seeks to set out key principles and recommendations for the protection of the timely and effective humanitarian action in sanctions contexts and environments. It also seeks to highlight the responsibilities and obligations of all relevant stakeholders, in accordance with international human rights and humanitarian law. The proposed principles and recommendations are anchored in the core principles of humanitarian action, namely humanity, neutrality, impartiality, and independence and reflect key challenges experienced by humanitarian actors in their efforts to secure continuous and unfettered access to regions and populations in need of humanitarian assistance. In addition to the restrictions and prohibitions which are stipulated in different sanctions regimes, the Guidance also sheds light on the “chilling effects” of such measures which exacerbate uncertainty and fear among humanitarian actors operating in sanctions contexts and environments, resulting in overcompliance and in certain cases complete discontinuation of life-saving humanitarian projects. This document could constitute an additional source for strengthening awareness about the multifaceted disruptions caused or triggered by sanctions, the various means of their enforcement, and over-compliance, even for activities as essential and critical as those of humanitarian actors around the world. It also stresses the irrelevance of any other considerations (including foreign policy and national security) in the face of life-threatening situations, where human dignity and the respect for human rights should remain the ultimate priority.

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