A/HRC/42/L.21/Rev.1
Welcoming further the work of the independent international fact-finding mission on
Myanmar, including its final report,1 the detailed findings of the independent international
fact-finding mission on Myanmar,2 its paper on the economic interests of the Myanmar
military3 and its paper on sexual and gender-based violence in Myanmar and the gendered
impact of its ethnic conflicts,4 and appreciating its important work to ensure that the large
and continually increasing amount of evidence of human rights violations and abuses it has
collected is fully documented, verified, consolidated and preserved in order for the material
to be effectively shared, accessed and used by the ongoing independent mechanism
established by the Human Rights Council in its resolution 39/2, referred to as the
Independent Investigative Mechanism for Myanmar by the Secretary-General in his terms
of reference for the Mechanism,5 and deeply regretting that the Government of Myanmar
did not cooperate with the fact-finding mission,
Welcoming the first report of the Mechanism,6
Recognizing the ongoing remarkable 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,
Condemning all violations and abuses of human rights in Myanmar, including
against Rohingya Muslims and other minorities, and expressing deep concern at the reports
of ongoing human rights violations, as also noted by the United Nations High
Commissioner for Human Rights in her oral update on 10 July 2019, as well as at the
ongoing non-cooperation of the Government of Myanmar and the denial of access to United
Nations mechanisms, including for the Special Rapporteur on the situation of human rights
in Myanmar and the independent international fact-finding mission on Myanmar,
Noting the steps taken by the Government of Myanmar towards establishing a
national strategy for the sustainable closure of camps for internally displaced persons in
Myanmar, and emphasizing the need for the Government to consult with United Nations
agencies, humanitarian and development actors and displaced persons to ensure its durable
implementation, in accordance with international standards on safe, voluntary, dignified
and sustainable return, by guaranteeing citizenship, the reassertion of those persons’ control
over their original land and safety and security, freedom of movement, unimpeded access to
livelihoods and essential services, including health services, education and shelter, and
compensation for all losses,
Recalling the establishment of the Independent Commission of Enquiry on 30 July
2018 by the Government of Myanmar, stressing the importance of the need to demonstrate
its independence, transparency, objectivity and credibility while ensuring witness protection
and confidentiality, 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 and justice,
1
A/HRC/42/50.
A/HRC/42/CRP.5, available at
www.ohchr.org/EN/HRBodies/HRC/RegularSessions/session42/Pages/ListReports.aspx.
3 A/HRC/42/CRP.3, available at
www.ohchr.org/EN/HRBodies/HRC/RegularSessions/session42/Pages/ListReports.aspx.
4 A/HRC/42/CRP.4, available at
www.ohchr.org/EN/HRBodies/HRC/RegularSessions/session42/Pages/ListReports.aspx.
5 See A/73/716, annex.
6 A/HRC/42/66.
2
2