Select Committee on Economic Affairs Second Report


CHAPTER 7: UK SANCTIONS POLICY—PRINCIPLES AND PRACTICE

82.  In view of the importance the Government attaches to the policy principles announced in 1999, it is appropriate to use the findings of our inquiry to assess the relationship between the stated principles and the practice of UK sanctions policy. The guiding principles are that sanctions should:

?  hit the regime rather than the people

?  have exemptions which minimise their humanitarian costs

?  have clear and realistic objectives linked to an exit strategy

?  be accompanied by effective implementation and enforcement

?  avoid unnecessary economic and commercial costs to the UK.

Hitting the regime rather than the people?

83.  There may be occasions when comprehensive (rather than targeted) sanctions may be more effective, but all the evidence suggests that comprehensive sanctions are likely to have significant humanitarian costs. The experience from Iraq in the 1990s strongly supports this view. Burma also represents a case in which the application of general as well as targeted sanctions has almost certainly imposed costs on the general population.

84.  Targeted financial sanctions have been less effective than is sometimes suggested. They have been imposed on people and entities selected on non-transparent or dubious grounds; they have hit few targets and not hit them hard.

85.  The evidence presented earlier suggests that the Government has retained the option of applying comprehensive sanctions and appears to believe that they can be effective in achieving political objectives without imposing unacceptable humanitarian costs. This view contrasts with the widespread belief that the severe humanitarian costs of the sanctions on Iraq effectively ended the possibility of using comprehensive sanctions and ushered in a new era of targeted sanctions. It also contradicts the Government's policy principle that sanctions should hit the regime rather than the people. Even if it is regarded as necessary to retain the option of comprehensive sanctions, it should be recognised that this is not compatible with the claim that UK sanctions should hit the regime rather than the people, and we are not persuaded that humanitarian exemptions can adequately solve the problem.

Exemptions which minimise humanitarian costs?

86.  The principle of having exemptions that minimise the humanitarian costs of sanctions is directly related to the first principle cited above. Mr Stephen Pattison told us:

In contrast, Mr Vines expressed the view that humanitarian monitoring of UN sanctions after they are imposed is inadequate:

    "… from the UN aspect, one does not see a proper needs assessment analysis of the actual impact of a sanction, especially an economic sanction. There has in the last few years been some movement towards humanitarian impact, but this is patchy at best, and certainly there is not any ongoing monitoring throughout the sanctions regime of the effectiveness." (Q 307)

87.  Even if there is an expectation of low humanitarian costs, a formal assessment, however brief, should still be required. Indeed, a sanctions regime becomes much more defensible if those imposing it can point to independent assessments which show that humanitarian costs are likely to be minor. Mr Pattison in effect suggested that the UN is committed to guaranteeing that its sanctions will have no adverse humanitarian or other unintended impacts. But this would effectively rule out all but the narrowest of targeted sanctions, and we are not aware of any such commitment. Furthermore, such a commitment is not UK Government policy or the policy of the EU.

88.  The FCO stated that: "With the trend towards more targeted measures, the humanitarian impact of … sanctions has been minimised" (p 2). Mr Pattison added that: "Certainly I am not aware of any criticism of the current regimes on the grounds that they are having adverse humanitarian consequences that were unforeseen." (Q 20)

The EC was a little more equivocal in its evidence, but was still quite confident:

    "concerns about negative humanitarian impact of sanctions are much reduced compared to the early 1990s since currently all [EU] financial and economic sanctions are targeted at specific individuals and entities or apply to well-defined commodities and services … [and there] are exemptions to all such sanctions … though the EU does not target innocent civilian populations and third parties, negative consequences to such groups cannot be entirely excluded". (p 87)

89.  It seems plausible to argue that financial sanctions targeted at named individuals or non-state entities such as terrorist groups will have negligible humanitarian costs. The claim is less persuasive, however, in relation to the targeting of commodities and services. These are more akin to general sanctions, in the sense that they hit the economy as a whole and therefore the people who rely on it. Substantial humanitarian costs to the general population are likely to be avoided only if the commodities or services targeted are not particularly important or if the sanctions are applied with great restraint. Certainly, there is nothing inherent in the targeting of specific commodities or services that ensures the avoidance of significant humanitarian costs.

90.  Part of the problem lies in the notion of humanitarian costs being "minimised". At one level, this appears reassuring, particularly if minimised is interpreted as meaning "minimal". A more exact interpretation of minimised, however, is that it means "as low as possible". "Low" in this context can include "very high" and what is regarded as "possible" can easily be subordinated to a variety of political objectives.

91.  The UN has developed systematic technical guidelines for evaluating the humanitarian implications of sanctions before, during and after their imposition, and also for mitigating their effects.[38] The Government should ensure the application of the UN's humanitarian assessment procedures to any sanctions with which it is involved, especially those which damage the target country's economy in a general way. It should also provide a public account of the application of the UN guidelines.

Clear and realistic objectives linked to an exit strategy?

92.  A number of those who gave evidence emphasised that whenever possible, attempts should be made to achieve desired policy objectives using the threat of sanctions, before they are formally imposed, particularly when the threat can be made implicitly or privately.[39] If the threat can be made privately, it may help the target to give way without loss of face.

93.  The FCO told us that, before sanctions are imposed, it looks carefully at their anticipated enforceability, humanitarian costs, benefits to the population of the target country, costs to British industry and the likelihood that they will achieve their objectives (Q 287). In addition to coordination within Whitehall, the FCO emphasised the importance of the UN's own planning capabilities and gave as an example the UN's assessment of a timber embargo on Liberia before it was imposed. This suggests that the fundamentals are in place for proper pre-sanctions planning.

94.  We are not convinced, however, that pre-sanctions planning is as systematic and extensive as the Government suggests. For example, Mr Vines, with five years of field experience as a sanctions inspector, told us that sanctions are "often imposed in an ad hoc fashion in a rush." (Q 307)

95.  We are sensitive to the demands of policy-making and the reality that events can develop so rapidly that decisions must at times be made reactively. Nevertheless, we would argue that such reasons do not normally justify the rushed adoption of sanctions. If sanctions are, nevertheless, imposed without proper advance planning, they should certainly be followed by proper monitoring and by the development of an exit strategy. In our view, the Government has an incomplete commitment to the principle that objectives should be clear and realistic and that an exit strategy should be developed before sanctions are imposed. It repeatedly adopts sanctions with little sense of whether the objectives can be achieved or of how sanctions can contribute to the achievement of those objectives.

Effective implementation and enforcement?

96.  We applaud the Government's track record of being at the forefront of developing procedures for the effective implementation and enforcement of sanctions. The main problem in this area is the limited cooperation the Government manages to secure from other governments, either because they lack the resources or political will or because they disagree with the sanctions policy promoted by the Government.

97.  A further limitation to the effective implementation and enforcement of sanctions is that there is often insufficient monitoring and inadequate policy review. As Mr Vines, Chair of the UN Expert Group on Côte d'Ivoire, noted:

If too many sanctions are imposed, efforts are more likely to be dissipated and success is less likely. Since resources and political will are limited, they should be conserved for the selective use of sanctions. In his evidence, Mr Vines expressed concern at the "inflationary use of sanctions" by the UN and argued against the use of sanctions for symbolic purposes or when they had little chance of success because in both cases he believed that they undermine the credibility of the UN system (Q 314, p 109). In some cases, no serious effort was made to implement the sanctions after the passing of the relevant Security Council resolutions. We welcome the December 2006 report of the Informal Working Group of the Security Council on improving sanctions design, implementation and follow-up, but would stress that such technical proposals will be of no value without the political will to only impose sanctions which conform to them.[40]

98.  Sanctions policy is more likely to be effective if it incorporates an appropriate system of monitoring and control, which would normally require the establishment of a permanent expert staff. The evidence we took indicates that there is some movement in the direction of permanent staffing at the UN, but too much work in this area is still undertaken on an ad hoc basis (QQ 191, 313). In this context, it would of course be desirable for the expertise of the monitoring and enforcement staff to be as wide-ranging as possible and to include legal and regional expertise. In our view, monitoring and enforcement would also benefit from greater cooperation with relevant NGOs. National and international organisations for the monitoring and enforcement of sanctions are almost always short of resources and one way to supplement those resources is to cooperate with NGOs such as Global Witness, which undertake analytical and practical work of high quality. We would qualify this recommendation by noting that there are risks associated with this strategy, particularly for the NGOs, who could come to be regarded by target countries as "political" rather than "humanitarian" organisations. This suggests that considerable care would need to be exercised in formulating an appropriate NGO involvement.

99.  We recommend that the Government should be more active in promoting systematic monitoring and independent expert review of sanctions policy. We also suggest that there should be provision for regular Parliamentary review of sanctions so that Parliament can consider whether sanctions are achieving their intended goals or whether policy should be amended.

Avoidance of unnecessary economic and commercial costs to the UK?

100.  In assessing the impact of economic sanctions, we were interested in determining whether sanctions regimes typically generate significant costs for businesses and the UK economy more generally, and whether, in line with the Government's sanctions policy principles, such costs are unavoidable.

101.  The CBI told us that general sanctions regimes in the past, for instance in relation to South Africa, may have imposed significant costs on business, but the current situation is that CBI members do not feel that targeted sanctions are imposing any large or disproportionate costs on their activities (Q 214).

102.  Evidence on the compliance costs associated with financial sanctions was also received from the British Bankers' Association. This evidence pointed to the technical and information management challenges associated with the identification of targeted individuals. They also ventured the view that: "policy makers do not take sufficiently into account the practical and regulatory costs of applying new measures" (p 116). However, in relation to the practicality and administrative burdens associated with targeted financial sanctions, the Government told us that it intends to publish a simplification plan (p 9). We regard the principle of the simplification plan for sanctions implementation as a positive development and look forward to its publication in due course.

103.  The Government does not carry out any assessment of the impact on the economy arising from the imposition of sanctions, but is committed to doing so in relation to comprehensive sanctions (p 10).

104.  The direct costs to British business arising from compliance with UK sanctions policy are minor. The opportunity costs will be more substantial but more difficult to quantify. The costs are acceptable to the extent that the sanctions policies themselves are well founded, something that is open to question in some of the cases we have considered.

Success, failure and sanctions

105.  The view that economic sanctions are almost always ineffective was expressed by Mr Carver, who referred to "the ineffectiveness of almost all sanctions adopted by States, at least over the past 50 years" (p 130). He attributed this to a failure to distinguish clearly between UN sanctions for the protection and restoration of international peace and security, and unilateral or coalition sanctions as acts of war. He suggested: "Sanctions could become an effective instrument to achieve the objectives set out in Chapter VII of the UN Charter" if this distinction was adhered to and non-UN sanctions abandoned. (p 130)

106.  In contrast to Mr Carver's near-unequivocal view that economic sanctions do not work, Professor Michael Malloy of the University of the Pacific told us in written evidence:

Professor Malloy also stated:

    "Economic sanctions themselves are purely instrumental, but they are not themselves the embodiment of policy. Sanctions will have whatever instrumental 'effect' the circumstances of their use will allow, but it is overarching policy—foreign and/or domestic—that should be judged in terms of its effectiveness, not sanctions." (p 163)

107.  In similar vein, Mr Vines concluded: "Sanctions are more successful if assessed as part of a wider diplomatic package". He added: "sanctions which are part of a whole range of policies are more successful" (p 108 Q 93). Witnesses involved with the policy process expressed the same view. Mr Kovanda argued that, in the cases of South Africa, Libya and former Yugoslavia, "sanctions have achieved their objective, together with other instruments of policy" (Q 258). According to Mr Pattison, "sanctions are most effective when they are not imposed in isolation" (Q 4). This evidence vindicates Lord Renwick's view that:

    "policy-making in this area has improved … most important, we no longer make such ambitious claims for sanctions policies. We no longer claim that, of themselves, they are likely to solve or cure the problem." (Q 276)

108.  Dr Colin Rowat of the University of Birmingham and Mr Singleton drew our attention to the study by Professor Gary Hufbauer, and others of 116 "major" cases of economic sanctions between 1914 and 1990 (p 163, Q 90). Professor Hufbauer concluded that success was achieved on the main goals with economic sanctions contributing substantially in 34% of cases, with a decline in the success rate to 24% from the 1970s onwards. Dr Rowat noted that a follow-up study of a further 50 cases of economic sanctions in the 1990s found a similar success rate.

109.  Overall, while there was disagreement over the value of sanctions in particular cases, the near-consensus, which we endorse, was that economic sanctions used in isolation from other policy instruments are extremely unlikely to force a target to make major policy changes, especially where relations between the states involved are hostile more generally. An emphasis on economic sanctions will usually be ineffective and indeed counter-productive for inducing major policy changes by a target state which is seeking security reassurance and economic incentives or which sees its current policy as a vital interest: this is illustrated by the failure to make substantial progress with Iran. Even when economic sanctions are combined effectively with other foreign policy instruments, on most occasions they play a subordinate role to those other instruments. Economic sanctions can be counter-productive in a variety of ways, including when more vigorous coercion in the form of force is needed but is forestalled by those making inflated claims for the value of sanctions as an alternative. Sanctions may also be counter-productive when what is required is a much greater emphasis on economic, diplomatic and security incentives. When the Government's goal is to symbolise disapproval, measures other than economic sanctions should be used wherever possible. Furthermore, when the use of economic sanctions for this purpose is proposed, serious consideration should be given to the possibility that their overall effect will be counter-productive, even in symbolic terms.

110.  Nevertheless, economic sanctions can, on occasion, contribute substantially to achieving objectives when combined appropriately with other instruments of foreign policy.[41] This is particularly the case where the states involved already have reasonably good diplomatic relations or wish to establish them, as with Libya and its pursuit of WMD.[42] It may also help if the objectives of the sanctions are proportionate and clearly-defined. Of course, if, in any particular case, economic sanctions are likely to be ineffective or even counterproductive, this does not imply that the use of force—even if legal—is likely to be any more successful if wider foreign policy considerations are taken into account, as they should be.


38   Manuel Bessler, Richard Garfield and Richard McHugh, Sanctions Assessment Handbook: Assessing the Humanitarian Impact of Sanctions and Field Guidelines for Assessing the Humanitarian Impact of Sanctions.  Back

39   Oral evidence from Jakob Kreutz (Q 241), Kim Howells (Q 295) and Alex Vines (Q 311); written evidence from Alex Vines (pp 108-109). See also Drezner, Sanctions Paradox and Daniel W. Drezner, 'The Hidden Hand of Economic Coercion', International Organization, vol. 57 (Summer 2003), pp. 643-659.  Back

40   Report of the Informal Working Group of the Security Council on General Issues of Sanctions, 18 December 2006, S/2006/1997. Back

41   David Cortright and George A. Lopez, The Sanctions Decade: Assessing UN Strategies in the 1990s (Boulder, CO: Lynne Rienner Publishers, 2000), esp. pp. 204-208. Back

42   While UN sanctions on Libya were lifted as a result of its surrender of the Lockerbie bombers, US unilateral sanctions remained due to Libya's pursuit of chemical and nuclear weapons (it did not have a biological weapons programme). In December 2003, Libya abandoned these programmes and accepted international monitoring. Dr Howells argued that Libya "in response, amongst other things, to sanctions … gave up its programme of weapons of mass destruction". Oral evidence from Kim Howells (Q 287). See also oral evidence from Alex Vines (Q 308); Bruce W. Jentleson and Christopher A. Whytock, "Who 'Won' Libya? The Force-Diplomacy Debate and Its Implications for Theory and Policy", International Security, vol. 30, no, 47 (Winter 2005-06), pp. 47-86; and Dafna Hochman, "Rehabilitating a Rogue: Libya's WMD Reversal and Lessons for US policy", Parameters (Spring 2006), pp. 63-78. Back


 
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