The Need to Engage with African Experiences in the United Nations Sanctioning Process: A Case Study of the Central African Republic

IF 0.1 Q4 LAW
Vishal Sharma
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Abstract

The United Nations (UN) can impose sanctions by means of regional and other arrangements. History has demonstrated that during the Cold War era in Europe, the UN has imposed fewer sanctions than in the post-Cold War era. Although the UN Charter originally did not provide for the use of sanctions to protect democracy, it did protect international peace and security. However, the UN Security Council (UNSC) and other regional arrangements and communities like the EU and the AU are currently imposing sanctions even on undemocratic regime change, which should be an internal matter of a state. This development shows increased international commitment in favour of democracy. Further, the UNSC and the EU use different approaches than the AU, when removing sanctions. The AU’s approach in removing sanctions is more realistic and pragmatic. A case study of the Central African Republic shows that the UNSC and the EU approaches on sanctions towards African states could be counter-productive. It is advisable that the UNSC should consider African perspectives, by taking AU opinion into account, when imposing, modifying, or removing sanctions on the African continent. It would further increase local acceptance of sanctions, rendering them more effective. It is necessary to understand that problems in African states could have had local origins, but external factors such as international business interests could have aggravated these problems. Therefore, the targeted and smart sanctions will be more effective if international business interests, that help rebels, are also included in sanctions.
在联合国制裁进程中吸收非洲经验的必要性:以中非共和国为例
联合国可以通过区域和其他安排实施制裁。历史表明,在欧洲冷战时期,联合国实施的制裁比后冷战时期更少。尽管《联合国宪章》最初没有规定使用制裁来保护民主,但它确实保护了国际和平与安全。然而,联合国安理会(UNSC)和欧盟和非盟等其他地区安排和社区目前正在实施制裁,即使是对不民主的政权更迭也是如此,这应该是一个国家的内部事务。这一事态发展表明,国际社会对民主的承诺有所增加。此外,联合国安理会和欧盟在取消制裁时使用了与非盟不同的方法。非盟取消制裁的做法更加现实和务实。对中非共和国的案例研究表明,联合国安理会和欧盟对非洲国家的制裁可能会适得其反。联合国安理会在对非洲大陆实施、修改或取消制裁时,应考虑非洲的观点,并考虑到非盟的意见。这将进一步提高当地对制裁的接受程度,使制裁更加有效。有必要理解,非洲国家的问题可能起源于当地,但国际商业利益等外部因素可能加剧了这些问题。因此,如果帮助叛军的国际商业利益也被纳入制裁范围,那么有针对性和明智的制裁将更加有效。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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