A/HRC/RES/43/26
making conditions unsuitable for the voluntary, safe, dignified and sustainable return of all
refugees and forcibly displaced persons, including Rohingya,
Expressing deep concern at the fact that diversion and unregulated or illicit arms
transfers may seriously undermine human rights, especially those of persons belonging to
minorities, women, children, the elderly, persons with disabilities and other vulnerable
groups,
Regretting the lack of progress in the peace process and that the Myanmar armed
forces decided to end its unilateral ceasefire in northern and eastern conflict areas in
September 2019, while encouraging them to announce a new ceasefire,
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 all parties and armed groups, in particular the Myanmar military and security
forces, to end immediately violence and all violations of international law, including of
international human rights law and international humanitarian law, and human rights abuses
in Myanmar;
2.
Also expresses grave concern at the ongoing conflict in Rakhine, Chin, Kachin
and Shan States between the armed forces of Myanmar, the Arakan Army and other armed
groups, the culture of impunity that exists in the Myanmar security forces, and at the
continuing forced displacement of civilians, mass and systemic human rights violations and
abuses, and killings, and the dire humanitarian situation due to the conflict, encourages the
eradication of deployed landmines and the cessation of their use in all circumstances, and
calls upon all parties to show restraint and cease conflict, to respect their relevant obligations
under international human rights law and international humanitarian law, to ensure the safety
and protection of civilians, to hold perpetrators accountable in ensuring justice to victims and
survivors and to show readiness to re-engage in dialogue;
3.
Welcomes the order of the International Court of Justice of 23 January 2020,
and urges the Government of Myanmar, in accordance with the Court’s order in relation to
members of the Rohingya group in its territory, to take all measures within its power to
prevent the commission of all acts within the scope of article 2 of the Convention on the
Prevention and Punishment of the Crime of Genocide, to ensure that its military and any
irregular armed units that may be directed or supported by it and any organizations and
persons that may be subject to its control, direction or influence do not commit, inter alia,
any such acts, to prevent the destruction and ensure the preservation of evidence, and to report
to the Court as ordered on all measures taken to give effect to the order, notes the priority
accorded to the International Court of Justice process by Myanmar to date, and notes the
meeting of the Security Council held on 4 February 2020;
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 justice and
accountability, to end impunity for all violations and abuses of human rights by undertaking
a full, transparent, impartial and independent investigation into all reports of violations and
abuses of international human rights law and international humanitarian law, and to ensure
that perpetrators are held accountable in fair and independent criminal proceedings, in courts
or tribunals, in accordance with international law standards;
5.
Also calls upon the Government of Myanmar to fully recognize and address
the needs of victims and survivors and their right to effective remedy, including by prompt,
effective and independent casualty recording, and guarantees of non-recurrence;
6.
Urges the Government of Myanmar to make public in its entirety the final
report of the Independent Commission of Enquiry, including the annexes thereto, without
further delay, and calls upon the Government to set out its plan of action, with the full
participation of all stakeholders, on how it will implement the recommendations, including
by taking credible action to bring to justice those responsible for serious violations and abuses
of human rights;
7.
Deplores the release, after only nine months of detention, of the members of
the Myanmar military who were convicted by court martial of the unlawful killing of
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