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Unilateral Coercive Measures (Ucms) and Their Impacts

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Unilateral Coercive Measures (Ucms) and Their Impacts Unilateral Coercive Measures (UCMs) And Their Impacts Permanent Missions of the Republic of Cuba, the Islamic Republic of Iran and the Bolivarian Republic of Venezuela Contents Introduction 1 Opening Statement: by Jorge Arreaza Monserrat, Minister of Foreign 7 Affairs of the Bolivarian Republic of Venezuela Keynote Speaker’s Statement: by Idriss Jazairy, Special Rapporteur on 21 the Negative Impact of Unilateral Coercive Measures on the Enjoyment of Human Rights Panel Discussion: Unilateral Sanctions and International Law by Professor Alfred de 31 Zayas, Former UN Independent Expert Economic Impacts of Unilateral Sanctions, especially on 47 humanitarian grounds, by Rahmat Mohamad, Former Secretary General of AALCO Unilateral Sanctions and Accountability under the International 51 Criminal Law, by Mr. William Schabas, Counsel to several international and national courts and tribunals The Role of Media in Unilateral Sanctions and their Responsibility, 59 by Dr Leo Gabriel, Austrian Social Anthropologist and Journalist Remarks by the Honorary Guests: Dr Abbas Araghchi, Deputy Minister of Foreign Affairs of the 67 Islamic Republic of Iran Mr. Mikhail Ulyanov, Ambassador and Permanent Representative 69 of the Russian Federation Mr. Qun Wang, Ambassador and Permanent Representative 71 of the People’s Republic of China Mr. Bassam Sabbagh, Ambassador and Permanent Representative 75 of the Syrian Arab Republic Concluding Remarks by the Moderator, Ignacio Ramonet, Writer, 81 Editor, Historian and Geopolitics Closing: Joint Statement (Republic of Cuba, Islamic Republic of Iran, 89 and Bolivarian Republic of Venezuela) Annexes: Annex I: Article on Legality and Legitimacy of Sanctions, by Dr. 97 Kazem Gharib Abadi, Ambassador and Permanent Representative of Iran to Vienna Annex II: Program of the Seminar 133 Annex II: Biographies 135 II Introduction The term "unilateral coercive measures" (UCMs) has gained great attention in the international arena. Its definition is not simple, but according to the Human Rights Council of the United Nations refers to economic measures taken by one State to compel a change in policy of another State. Unilateral sanctions (primary and secondary), as the main element of UCMs usually refer to economic measures taken by one State, or a group of coalesced Countries (outside the United Nations Security Council framework), to impact on, or compel a change in, the policy of another State. It may appear as trade sanctions in the form of embargoes, seizures and/or boycotts, and interruption of financial and investment flows vis-à-vis a specific country. Recently, new forms of coercion have been emerging through asset freezing, asset control, and travel bans in order to influence persons who are perceived to have political influence. The continuing practice of imposing various forms of unilateral sanctions, specifically with extraterritorial nature, and the issue of the negative impacts of such sanctions have been the subject of a broad study and the main themes of various discussions, resolutions and reports presented to, inter-alia, the United Nations General Assembly, the Human Rights Council, and the former Commission on Human Rights. Numerous United Nations studies have also been carried out on unilateral sanctions including on the issue of legitimacy and legality of such measures. The UCMs transgress international law, the Charter of the United Nations and international humanitarian law. There are numerous resolutions of the Human Rights Commission, the Council and the General Assembly that condemn their use. The UCM´s effects on a State are disastrous, however it has been proven that they affect disproportionately the most vulnerable population. They have a negative impact on the enjoyment of human rights of the general population, especially regarding the right to freedom from hunger, the right to health and medical care, the right to education, to work, to housing and the right to life. There are studies that show how UCMs cause illness and death. The UCMs and their relevance to the international peace through the potential impacts of such measures on various aspects of people’s life including the human rights were the main focus of the International Seminar on “Unilateral Coercive Measures (UCMs) and their Impacts” which was convened on 27 June 2019 at Palais Coburg (Vienna) by the Permanent Missions of the Republic of Cuba, the Islamic Republic of Iran, and the Bolivarian Republic of Venezuela provided a unique platform for the exchange of views among diplomatic community, academic and civil society experts, raising awareness about illegality and impacts of unilateral sanctions, so as to prevent, minimize and redress the adverse effects of unilateral sanctions, specifically imposed on Cuba, Iran and Venezuela. The Seminar began with the opening statement of Mr. Jorge Arreaza Monserrat, the Minister of People’s Power for Foreign Affairs of the Bolivarian Republic of Venezuela. It was followed by the keynote speech of Mr. Idriss Jazairy, the Special Rapporteur of the United Nations Human Rights Council on Unilateral Coercive Measures. Then, in the Thematic Section entitled “Unilateral Sanctions: Legal Framework, Impacts, Accountability, the Role of Media”, led by a renowned moderator, five most relevant and eminent experts among well-known international 2 figures presented their statements, which was followed by an interactive discussion between the speakers and participants. The Seminar also has had the honor of listening to short interventions by Dr. Araghchi, Deputy of Foreign Minister of the Islamic Republic of Iran, and the Ambassadors and Permanent Representatives of the People’s Republic of China, the Russian Federation and the Syrian Arab Republic. At the conclusion of the Seminar, the Moderator summed up the statements made, and a JOIN STATEMENT on Behalf of the main sponsors of the Seminar (Cuba, Iran and Venezuela) was read by the Ambassador and Permanent Representative of the Islamic Republic of Iran. This book is the compilation of statements and remarks made during the Seminar. Mr. Juan Antonio Fernandez Palacios Ambassador of the Republic of Cuba Dr. Kazem Gharib Abadi Ambassador of the Islamic Republic of Iran Mr. Jesse Chacon Escamillo Ambassador of the Bolivarian Republic of Venezuela 3 Opening Statement Opening Statement by Mr. Jorge Arreaza Monserrat, Minister of Foreign Affairs of the Bolivarian Republic of Venezuela I want to thank the missions of Cuba and Iran for accompanying Venezuela in this effort, for analyzing and creating awareness about this tool of the so-called sanctions, these unilateral and illegal coercive measures that seek both to avoid the independence of national processes and also to impose their model. One may wonder with what moral or legal authority, a state, a government intends to impose or even seek to sanction another country. In which article of the Charter of the United Nations one government is allowed to unilaterally put pressure on another by economic means to achieve the objectives of that country? In any case, the free peoples of the world would have the right to punish and sanction these powerful governments for trying to impose their model, intending to avoid their independence process. Even in Europe they know the humanitarian nature of these countries comes with imposition. The famous Marshall Plan, which translated into resources for the reconstruction of Europe after World War II, effectively rebuilt Europe's infrastructure but at the same time imposed a financial model, imposed a monetary pattern, it imposed a dependency and subordination to a financial system that is the fundamental tool that they use, especially the United States Government to block countries, to sanction countries. The use of its currency, the declining dollar, will soon cease to determine the processes in the world's economy and finances, but it was the system of domination that they designed. 7 A few days ago, the economist Mark Weisbrot and economy expert Jeffrey Sachs, in the United States, published a report on the effects of Washington's illegal unilateral measures on the Venezuelan economy, on the people of Venezuela, and they concluded that at least 40,000 people have died directly as a result of these unilateral measures. Professor Alfred de Zayas, who was in Venezuela in 2017, also witnessed and denounced, and he even recommended to bring this particular case to the International Criminal Court as a crime against humanity, against the people of the Bolivarian Republic of Venezuela. If we count, if we calculate the damage, even the financial damage, we will tell you that, for example, in European banks there are about 5 billion dollars that belong to us, Venezuelans, and they are totally blocked. What was that money for? To buy medicines, to buy food, to pay for state services, to be able to buy parts for the national industry, to ensure the functioning of the Venezuelan oil industry that is the great generator of wealth in the country, well that money because of that financial and monetary system that is under the dictatorial total tyrannical control of the United States is blocked and unfortunately, some European governments, - most of the resources are in a bank in Portugal, a bank called Novo Bank- the government of Portugal, a country we love and a government with whom we have good relations, they say that they can do absolutely nothing, that the banks are independent. And there is the blockage of money of Venezuelans. But if we go to the properties of Venezuela in the United States, our company with refineries, with processes of distribution of oil services and gasoline in the United 8 States, Citgo, which has a value of more than 30 billion dollars, well, at the beginning of January Mr. Trump's administration decided to confiscate Citgo, to take control of it and said it is under the authority of a parallel government that they tried to impose earlier this year in Venezuela. We were unable to repatriate Citgo's profits in either 2017 or 2018, and now we cannot invest Citgo's resources in the Venezuelan oil industry.
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