Compilation of all recommendations made by the Independent International Fact-Finding Mission on Myanmar, to the
Government of Myanmar, armed organizations, the UN Security Council, Member States, UN agencies, the business
community and others in English
(c)
reform the domestic judicial sector by strengthening the independence of
judges and the qualifications and expertise of judges, prosecutors and lawyers;
(d)
transfer to civilian courts jurisdiction over all military and other security
personnel alleged to have violated international human rights law, international
humanitarian law, or committed crimes under international law, in particular violations
against civilians;
(e)
incorporate into domestic law criminal sanctions for serious crimes under
international law, as well as other serious human rights violations or violations of
international humanitarian law;
(f)
develop and implement a comprehensive action plan towards accountability
for human rights violations in Myanmar, including redress for victims;
(g)
prohibit amnesties and pardons for alleged perpetrators of serious crimes
under international law and other serious human rights violations;
(h)
report publicly on the status of all military personnel convicted of offences
against civilians, providing details about the offence, the sentence received, the sentence
implemented, and any pardon that may have been given;
(i)
adopt a comprehensive policy and package of measures regarding the
fulfilment of the right to reparation of victims of serious human rights violations.
20.
Cooperate with all accountability mechanisms, including the International Criminal
Court, the International Court of Justice and the newly-established Independent
Investigative Mechanism for Myanmar, with a view to expediting accountability for serious
crimes under international law and reparations for victims of those crimes
(A/HRC/42.CRP.5);
21.
Introduce complementary and credible national accountability measures to
investigate and prosecute crimes under international law, including crimes of genocide, and
do so in accordance with international fair trial standards (A/HRC/42.CRP.5);
22.
Ensure that any accountability process provides full and effective remedies for
victims of human rights violations in the appropriate form of restitution, compensation,
rehabilitation, satisfaction and guarantees of non-repetition (A/HRC/42.CRP.5).
Obligations under the Genocide Convention
23.
Conduct effective investigations into the underlying acts of genocide documented in
the Mission’s 2018 report and, where appropriate, prosecute and punish those guilty
(A/HRC/42.CRP.5);
24.
Enact the domestic legislation necessary to punish the crimes of genocide,
conspiracy to commit genocide, direct and public incitement to commit genocide, attempt
to commit genocide and complicity in genocide and to provide effective penalties for
persons guilty of those crimes (A/HRC/42.CRP.5);
25.
Repeal or amend laws, including Constitutional provisions, that permit those guilty
of crimes of genocide to evade punishment (A/HRC/42.CRP.5);
26.
Take all necessary measures, including legislative and other measures, to deter those
harbouring genocidal intent and the serious risk of genocide to the Rohingya people
(A/HRC/42.CRP.5).
Access to medical and psychosocial support and other services
27.
The Government of Myanmar, including the civilian authorities and the Tatmadaw
as relevant, should act, without delay, to ensure that victims of serious human rights
violations and abuses have adequate access to medical, psychosocial and other support and
services. In addition to ensuring care for survivors of sexual violence as noted under the
sexual and gender-based violence recommendations, it should (A/HRC/39/CRP.2):
6
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