A/HRC/39/64
expedite fair and independent criminal proceedings in national, regional or
international courts or tribunals.
107. The Human Rights Council should continue to support the mandates of the
Special Rapporteur on the situation of human rights in Myanmar, the United Nations
High Commissioner for Human Rights and the Office of the High Commissioner, and
ensure they have adequate resources to maintain a strong focus on the human rights
crisis in Myanmar.
108. The Human Rights Council should specifically request OHCHR to focus on
ensuring accountability for human rights violations and abuses in Myanmar,
including by enhanced monitoring, documentation, analysis and public reporting on
the situation of human rights; raising awareness among civil society and other actors
engaged in documenting human rights violations about relevant international
standards; working with victim communities to raise awareness about justice options;
and supporting comprehensive rule of law and security sector reform in Myanmar in
accordance with international human rights norms and standards. Appropriate
resources should be allocated.
109. The Human Rights Council should establish a second fact-finding mission for a
limited period to build on the work undertaken by the mission, until either one of the
mechanisms outlined in paragraphs 103 and 104 above are operational, or the
reinforced work of OHCHR set out in paragraph 107 is in place.
110. The United Nations should urgently adopt a common strategy to ensure that all
engagement with Myanmar takes into account and addresses human rights concerns,
in accordance with the Human Rights Up Front action plan. This should guide all
engagement of the United Nations in Myanmar, particularly in relation to Rakhine
State, and include policies and public advocacy stances. All support provided by the
United Nations to the Myanmar authorities should undergo a full human rights due
diligence analysis.
111. As a matter of urgency, a comprehensive, independent inquiry should be
conducted into the involvement of the United Nations in Myanmar since 2011, with a
view to establishing whether everything possible to prevent or mitigate the unfolding
crises was done, identifying lessons learned and good practices, making
recommendations as appropriate, including on accountability, and enabling more
effective work in future.
112. The United Nations and the international community must ensure that the
repatriation of refugees and the return of internally displaced persons are allowed
only when safe, voluntary and dignified, with explicit human rights protections in
place, including citizenship. In the current circumstances, such returns are not
possible.
113. All Member States should ensure that engagement with Myanmar, and support
for aid, development and reform projects, take into account and address human rights
concerns and explicitly conform to the principles of non-discrimination and equality.
They should ensure that humanitarian organizations working on the situation in
Myanmar are appropriately funded. States should cease operational support for the
Tatmadaw and other security forces until there is (a) a demonstrable commitment to
genuine reform; (b) international assistance in implementing reform; and (c)
acceptance of and cooperation with international mechanisms to hold those
responsible accountable for crimes under international law.
114. Regardless of the imposition of an arms embargo by the Security Council,
States should not authorize the transfer of arms to Myanmar, considering the
overriding risk that they would be used to undermine peace and security and in the
commission of serious crimes under international law.
115. Relevant regional organizations, including the European Union and the
Association of Southeast Asian Nations (ASEAN), should develop strategies to ensure
accountability for perpetrators of crimes under international law in Myanmar,
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