30
Compendium: High Level Review of United Nations Sanctions
B. Affecting individuals and entities
Fourteen of the sixteen sanctions committees apply travel bans to individuals, and thirteen committees apply targeted financial sanctions to individuals
or entities meeting relevant criteria set by the Council. As at the date of this
report, a total of more than 600 individuals (620) and 400 entities (423) are
subject to individually targeted sanctions. [NB: 296 names listed under the
Iraq sanctions regime are not subject to either targeted financial or travel
sanctions. The listing relates to the recovery of assets owned or controlled by
those individuals and entities outside of Iraq prior to 22 May 2003].
1.
Due process
Multiple HLR working groups heard that committee procedures related to
placing an individual or entity under sanctions were not consistent with fundamental principles of the UN Charter because of the absence of adequate
due process. International human rights law and instruments provide, and
relevant authorities support, the imposition of measures directly affecting the
rights of individuals, but require a fair process to ensure individuals are heard
and an effective remedy is available. The conflict between these procedures
and Member States’ obligations to protect civil and economic rights has
created both legal impediments and political obstacles to implementation
of UN sanctions.
Legal challenges to designations in the European Union, the Council
of Europe, as well as in national courts, have been the impetus for reforms
in the Council’s listing and delisting procedures (e.g., the creation of a Focal
Point for Delisting in the Secretariat and the Office of the Ombudsperson).
The Focal Point was established in 2006 for individuals and entities subject to sanctions to petition the Council for removal of sanctions but has
remained largely stagnant. In the case of the Al Qaida sanctions regime, the
Council also established the Office of the Ombudsperson as an independent
review mechanism of delisting petitions, whose recommendation to remove
a person from sanctions can only be over-ridden by a unanimous decision
of the Al Qaida sanctions committee or a decision of the Security Council
itself; the Ombudsperson has been strengthened through successive resolutions over time.
In addressing the adequacy of UN mechanisms for providing effective
judicial protection, some courts have declared judicial review as the only form
of effective remedy. Whether such interpretation will be adopted or applied
more generally is unknown, but litigation concerning UN designations has