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; 2

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