Committee decision-making
31
the potential to erode the credibility of UN sanctions and negatively impact
implementation by Member States. It was considered important, therefore,
by many HLR participants, to continue efforts to ensure the fairness and
transparency of sanctions procedures and to address human rights and due
process issues at the UN level.
Notwithstanding these reforms by the Security Council, HLR consultations revealed strong views by some that additional steps are needed to
improve the procedural rights of individuals and entities subject to sanctions.
Many called for the Office of the Ombudsperson to be given jurisdiction to
review all petitions arising from the listing decisions of the sanctions committees. Some called for the Ombudsperson to review listing decisions also
before they were made. Proposals by the informal group of like-minded states
on targeted sanctions advocating that the Ombudsperson process should be
gradually extended to other appropriate sanctions regimes were considered.
The Review also heard countervailing political and procedural views to these
proposals. Consultations also noted the need for improved procedures on
national/regional levels, and the European Union is considering EU institutional and procedural improvements, so as to effectively defend challenges
to Security Council listings.
The Review also considered whether empowering the Focal Point
with additional authorities—to gather information as currently done by
the Ombudsperson (that is, to request information from a range of relevant States and expert group, to seek the views of the relevant committee
upon receipt of the petition, and to facilitate the passing of questions from
consulted States, the expert group or the committee to the petitioner) but
without the Ombudsperson’s authority to question States, analyse the information requested and make a recommendation, could provide additional
due process. Additional Focal Point-related proposals include requiring the
committee to take a formal decision in relation to the petition; fixing a timeframe for decisions to be made; encouraging the provision of reasons to the
petitioner for the outcome; and empowering the Focal Point to receive and
transmit requests for humanitarian exemptions, as well as communications
from individuals/entities in all regimes which raise issues of continued sanctions post-listing or mistaken identities.5
5
UNSC Resolution 2161 (2014) facilitates requests for exemptions under the financial and travel sanctions (other than in the context of a petition to the Ombudsperson), as well as to deal with cases of mistaken identity or continuing effects
of sanctions post-delisting. Extending these measures to other sanction regimes
would be a significant step forward for the fairness of the overall sanction process.
Access to exemptions, and recourse in case of improper imposition of measures