A/HRC/RES/40/29
3.
Expresses concern about reports of new internal and cross-border
displacements of civilians due to the ongoing conflict with the Arakan Army in Rakhine
State, and similar displacements in the Chin State due to a spillover of the conflict, bearing
the risk of further large-scale displacement from these two States towards international
borders if the conflict continues;
4.
Calls upon the Government of Myanmar to ensure the protection of the
human rights of all persons in Myanmar and to take all measures necessary to ensure
accountability and to end impunity for all violations and abuses of human rights by
undertaking a full, transparent and independent investigation into reports of all violations
and abuses of international human rights law and violations of international humanitarian
law;
5.
Calls for the expeditious entry into operation of the ongoing independent
mechanism established by the Human Rights Council in its resolution 39/2 and steps to
secure its effective functioning as soon as possible, and for close cooperation between the
mechanism and any future investigations pertaining to human rights violations in Myanmar
by national, regional or international courts or tribunals, including by the International
Criminal Court, and notes in this regard its important and complementary role;
6.
Calls upon the Government of Myanmar to cooperate fully with and to grant
full, unrestricted and unmonitored access to all United Nations mandate holders and human
rights mechanisms, including the Special Rapporteur, the independent international factfinding mission, the ongoing independent mechanism once operational, relevant United
Nations agencies and international and regional human rights bodies to independently
monitor the human rights situation, and to ensure that individuals can cooperate without
hindrance with the United Nations and other human rights entities, without fear of reprisal,
intimidation or attack;
7.
Expresses grave concern about increased restrictions on humanitarian access
in Rakhine State, and calls upon the Government of Myanmar to ensure full respect for
international humanitarian law and to allow the full, safe and unhindered access of
humanitarian personnel to all government-controlled and non-government-controlled areas
and to provide humanitarian assistance, including age- and gender-responsive assistance, as
well as the delivery of supplies and equipment, in order to allow such personnel to perform
efficiently their task of assisting affected civilian populations, including internally displaced
persons, and encourages it to grant access to the diplomatic corps, independent observers
and representatives of the national and international independent media, without fear of
reprisal;
8.
Welcomes the role of the Association of Southeast Asian Nations in
supporting the Government of Myanmar by dispatching a needs assessment team from its
Coordinating Centre for Humanitarian Assistance on Disaster Management to Rakhine
State, while stressing its complementary role to the mandate of the United Nations High
Commissioner for Refugees, and calls upon the Government of Myanmar to cooperate fully
with the Office of the High Commissioner and relevant parties to ensure that all returns are
safe, voluntary, dignified, sustainable and in accordance with international law;
9.
Calls upon the Government of Myanmar to safeguard those who report
violations and abuses, and expresses concern about reports of the arrest of individuals
exercising those rights, and in this regard encourages the Government to amend restrictive
laws and to end restrictions on exercising the rights to the freedoms of religion or belief,
expression, association and peaceful assembly, which are essential to ensure a safe and
enabling environment for all, notably civil society, human rights defenders, journalists,
media workers, lawyers, environmental and land rights activists, in particular encourages
the Government to proceed with the reform of the Media Law and to review, repeal or
reform contested legislation, including the Official Secrets Act, the Unlawful Associations
Act, the Peaceful Assembly and Peaceful Procession Law, articles 66 (d) and 80 (c) of the
Telecommunications Act, and articles 500 and 505 (b) of the Penal Code to bring them into
line with international human rights law obligations;
10.
Also calls upon the Government of Myanmar to fulfil its commitment to
release unconditionally all remaining political prisoners and to provide for the full
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