A/HRC/RES/40/29
Welcoming the work of the Special Envoy on Myanmar and the opening of her
office in Nay Pyi Taw, and encouraging her to pursue her mandate as established by the
General Assembly in its resolution 72/248 of 24 December 2017,
Recognizing the ongoing humanitarian efforts and commitments that the
Government of Bangladesh has extended to those fleeing human rights violations and
abuses in Myanmar, in cooperation with United Nations agencies and the international
community,
Recognizing also the complementary and mutually reinforcing work of the various
United Nations mandate holders working on Myanmar to improve the situation of human
rights in Myanmar,
Noting the ruling of the Pre-Trial Chamber of the International Criminal Court that it
may exercise jurisdiction over the alleged deportation of the Rohingya people from
Myanmar to Bangladesh and the ongoing preliminary examination conducted by the
Prosecutor,
Noting also the establishment of the Independent Commission of Enquiry by the
Government of Myanmar on 30 July 2018 as a possible step towards promoting
accountability for the gross human rights violations and abuses committed in Rakhine State,
provided that the Commission, unlike previous national investigative mechanisms, is able
to work with independence, impartiality, transparency and objectivity, including for alleged
crimes committed by the armed forces of Myanmar, the Tatmadaw, and delivers tangible
results to promote accountability, and encouraging the Commission to cooperate with all
relevant United Nations mandate holders, as appropriate,
Recalling that States have the primary responsibility to respect, protect and fulfil
human rights, and have the responsibility to comply with their relevant obligations to
prosecute those responsible for violations of international law, including international
humanitarian law and international human rights law, and for abuses of human rights law,
and to provide an effective remedy to any person whose rights have been violated, such as
restitution, compensation, rehabilitation, satisfaction and guarantees of non-recurrence,
with a view to ending impunity and ensuring accountability,
Reiterating the urgent need to ensure that all those responsible for crimes under
international law, including violations and abuses of international human rights law and
violations of international humanitarian law, in particular in Rakhine, Kachin and Shan
States, are held to account through credible and independent national or international
criminal justice mechanisms, while recalling the authority of the Security Council to refer
the situation in Myanmar to the International Criminal Court, and inviting Myanmar to
become a party to the Rome Statute or to accept the exercise of jurisdiction of the
International Criminal Court in accordance with article 12 (3) of the Rome Statute,
Welcoming the four-month unilateral ceasefire in northern and eastern conflict areas
declared by the armed forces of Myanmar, the Tatmadaw, on 21 December 2018, and
encouraging them to respect the ceasefire fully, to make every effort to reduce tensions on
the ground, and to extend the ceasefire in time and scope,
1.
Expresses grave concern at continuing reports of serious human rights
violations and abuses in Myanmar, including sexual and gender-based violence and
violations and abuses against children, in particular in Rakhine, Kachin and Shan States,
and calls upon the Myanmar authorities, in particular the Myanmar military and security
forces, to end immediately violence and all violations of international law in Myanmar, in
particular in Rakhine, Kachin and Shan States;
2.
Expresses serious concern about the recent escalation of violence in Rakhine
State between the armed forces of Myanmar, the Tatmadaw, and the Arakan Army, causing
loss of life, displacement and further human suffering, and calls for the ceasefire declared
unilaterally by the armed forces of Myanmar, the Tatmadaw, for Kachin and Shan States to
be extended beyond four months and to cover all parts of the country, including Rakhine
State, and calls upon all parties to show restraint, to respect their relevant obligations under
international human rights law and international humanitarian law, to ensure the safety and
protection of civilians and to show readiness to re-engage in dialogue;
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