A/HRC/42/CRP.5
human rights in Myanmar and on follow-up to the Mission’s recommendations, in
particular an annual report on progress in implementation of all recommendations;
698. Mandate through the Human Rights Council and/or General Assembly further
human rights investigations on the human rights situation in Myanmar to contribute
towards the prevention of human rights violations and respond promptly to human rights
emergencies,1575 with appropriate resources allocated;
699. Mandate through the Human Rights Council and/or General Assembly further
investigations into the human rights situation of other ethnic conflicts in Myanmar,
including the situations of the ethnic Karen and Kokang, with appropriate resources
allocated;
Accountability
700. Ensure that future Commissions of Inquiry and fact-findings missions contain, as
part of their terms of reference, a requirement to “report back” to affected communities
whose human rights situations they investigated, with a view to ensuring accountability
towards victims;
701. Should the Security Council be unwilling to refer the situation of Myanmar to the
International Criminal Court or to establish an ad hoc international criminal tribunal in
respect of crimes under international law in Myanmar, the General Assembly should
consider using its powers within the scope of the Charter of the United Nations to advance
such a tribunal;
702. Encourage and support States parties to the Genocide Convention to bring a case to
the International Court of Justice against Myanmar for breaches of its obligations under the
Genocide Convention;
703. The UN country team in Myanmar should continue to assess its engagement with all
government partners, to ensure the engagement is not directly or indirectly contributing to
the confiscation or misappropriation of, or profiteering from Rohingya lands, indirectly or
directly keeping Rohingya off their lands or from returning to their lands, or consolidating
the effects of the Government’s “clearance operations” of 2016 and 2017;
704. Adopt a moratorium on domestic and international business, investment and
development assistance in Rakhine State, unless and until the remaining Rohingya
population is able to enjoy all human rights fully, free from discrimination and on the basis
of equality. Ensure it does not have adverse socio-economic impacts on Rohingya and other
communities in Rakhine State that would result in further harm. The moratorium must not
prevent life-saving programmes and services from being provided.
3.
To non-State armed groups in Myanmar:
705. Take measures to protect civilian populations from the effects of the ethnic conflicts,
including through strict adherence to international humanitarian law;
706. Minimize the use and effects of landmines, IEDs and ERW, and ensure that civilians
are informed of their presence, including by marking contaminated areas and otherwise
informing the populations in affected areas, and undertake mine clearance operations as
soon as hostilites abate;
707. Cooperate with international accountability mechanisms, including the International
Criminal Court, the International Court of Justice and the Independent Investigative
Mechanism for Myanmar.
1575
See General Assembly resolution 60/251, para. 5 (f).
179
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