A/HRC/45/5 analysis, and to identify opportunities for United Nations engagement to increase the compliance of Myanmar with its international obligations. Efforts are ongoing to strengthen survivor-centred response services by working closely with partners in areas to which the United Nations has no physical access. III. Conclusions 59. Despite some progress, which includes finalizing the strategy for closing camps for internally displaced persons and enacting the Child Rights Law, the human rights situation in Myanmar remains of serious concern, with serious human rights violations and abuses continuing to be perpetrated with impunity in various parts of the country against individuals and sectors of the population. There has been no tangible progress towards accountability for serious human rights violations. To ensure progress in ending impunity, and associated cycles of discrimination, violence and abuse, both the Government and the Tatmadaw have to go beyond closed and arcane processes whereby the military leadership claims to hold itself accountable through its own chain of command. Statements made at the International Court of Justice in December 2019 that Myanmar would investigate and prosecute those allegedly responsible for grave violations through Myanmar’s military justice system reflect this approach. It embodies a view of a military which is above the law, both national and international, and which is accountable to no one but itself. Ensuring true accountability requires independent, transparent, civilian-run mechanisms that guarantee impartiality and, consequently, build credibility and public trust. Accountability must also be supported by transitional justice processes, which include ensuring the right to truth, reparations, and guarantees of non-recurrence, all of which are currently lacking. 60. Similarly, while the authorities emphasize “the rule of law”, this must go beyond a “law and order” approach that justifies oppressive policies and discriminatory attitudes which remain deeply entrenched, to one that promotes inclusiveness and respect for rights and democratic principles. Journalists, activists and civil society must be allowed to operate freely and unhindered, and be permitted to express themselves without fear of retribution for exercising such rights. A thriving country built on democracy and the rule of law needs independent voices and institutions, including those with a specific human rights mandate, and full respect for all communities without discrimination on any grounds. Until these changes occur, genuine progress towards peace, democracy and sustainable development in Myanmar cannot be achieved. IV. Recommendations 61. OHCHR reiterates the recommendations contained in previous reports by the High Commissioner and human rights mechanisms, including the Special Rapporteur on the situation of human rights in Myanmar and the fact-finding mission. In addition, OHCHR makes the following recommendations. (a) To the Government of Myanmar: (i) Immediately extend the ceasefire throughout the whole country and end violations of international humanitarian law and international human rights law, including all restrictions on humanitarian access; (ii) Conduct prompt, independent, impartial and thorough investigations into all allegations of violations of international humanitarian law, including into conduct that may constitute war crimes and crimes against humanity in Rakhine and Chin States, and all allegations of human rights violations, and ensure that perpetrators are brought to justice through transparent and credible processes; (iii) Acknowledge that sexual crimes have occurred in Rakhine State and other parts of the country, take concrete measures to identify perpetrators and hold them accountable, and ensure health-care and psychosocial services for survivors; 14

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