A/HRC/39/64
99.
The Mission proposes an accountability process that is transformative, victimcentred, comprehensive and inclusive. 12 The process is aimed at contributing to three
fundamental shifts: breaking the climate of impunity, ensuring that all State institutions,
including the security forces, are answerable to the people, and promoting a concept of the
State and the nation of Myanmar that is inclusive, based on equality and respect for the
human rights of all. These considerations should permeate all measures adopted in the areas
of truth, justice, reparations and guarantees of non-recurrence.
IX. Conclusions and recommendations
100. The gross human rights violations and abuses committed in Kachin, Rakhine
and Shan States are shocking for their horrifying nature and ubiquity. Many of these
violations undoubtedly amount to the gravest crimes under international law. They
are also shocking because they stem from deep fractures in society and structural
problems that have been apparent and unaddressed for decades. They are shocking
for the level of denial, normalcy and impunity that is attached to them. The mission
concludes that these abusive patterns are reflective of the situation in Myanmar as a
whole.
101. Myanmar has a heavy responsibility to remedy the situation as a matter of the
utmost urgency; otherwise, it risks destroying its democratic reform process. The
international community also bears responsibility and must take a united stand both
to condemn the violations and to assist Myanmar in addressing the root causes of its
recurrent problems. This begins by ensuring that the perpetrators of crimes are held
to account, and by giving hope to victims of a future without the fear and insecurity
that have to date characterized their existence.
102. The steps required to address the human rights crises in Myanmar are well
known. For nearly three decades, five consecutive special rapporteurs on the situation
of human rights in Myanmar have presented an annual report to the General
Assembly and the Human Rights Council, with detailed recommendations for all
stakeholders. Similarly, the United Nations High Commissioner for Human Rights has
formulated concrete recommendations, as have many international and national civil
society organizations. The Advisory Commission on Rakhine State also presented a
detailed report. These recommendations should be implemented immediately.
103. Besides its comprehensive recommendations, 13 the mission draws particular
attention to the priority areas for action by the international community below.
104. The international community, through the United Nations, should use all
diplomatic, humanitarian and other peaceful means to assist Myanmar in meeting its
responsibility to protect its people from genocide, crimes against humanity and war
crimes. It should take collective action in accordance with the Charter of the United
Nations, as necessary.
105. The Security Council should ensure accountability for crimes under
international law committed in Myanmar, preferably by referring the situation to the
International Criminal Court or, alternatively, by creating an ad hoc international
criminal tribunal. Furthermore, the Security Council should adopt targeted
individual sanctions, including travel bans and asset freezes, against those who appear
most responsible for serious crimes under international law. It should also impose an
arms embargo on Myanmar.
106. Until the Security Council acts, the General Assembly, or alternatively the
Human Rights Council, should create an independent, impartial mechanism to collect,
consolidate, preserve and analyse evidence of violations of international humanitarian
law and human rights violations and abuses and to prepare files to facilitate and
12
13
See A/HRC/39/CRP.2.
Ibid.
19
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