A/RES/73/264 Situation of human rights in Myanmar international criminal justice mechanisms, while recalling the authority of the Security Council in this regard, Noting the establishment of an independent commission of inquiry by the Government of Myanmar on 30 July 2018 as a step towards ensuring accountability for the 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, Noting also the initial steps taken by the Government of Myanmar to improve the situation in Rakhine State for all communities, including the setting up of the Central Committee for the Implementation of Peace, Stability and Development in Rakhine State and of the Union Enterprise for Humanitarian Assistance, Resettl ement and Development in Rakhine, while underscoring the need for expedited implementation of key reforms, including access to citizenship and freedom of movement, to create the conditions necessary for refugees and other forcibly displaced persons to return to their places of origin voluntarily, safely and with dignity, Re-emphasizing the urgent right of all refugees and displaced persons to return home in safety and dignity and in a voluntary and sustainable manner, Noting the signing, on 6 June 2018, of a memorandum of understanding between Myanmar and the United Nations Development Programme and the Office of the United Nations High Commissioner for Refugees on assistance in the repatriation process of displaced persons from Rakhine State, Noting also the signing of bilateral instruments between Bangladesh and Myanmar and the subsequent formation of the joint working group, while underlining the need to create an environment conducive to the safe, voluntary, dignified and sustainable return of the displaced Rohingya, including assurances about the nonoccurrence of violence, the rights related to citizenship and mobility and the accountability of perpetrators and justice for victims, Expressing deep concern regarding the continuing departure of members of the remaining Rohingya population and persons belonging to other minorities to Bangladesh, and strongly urging the Government of Myanmar and the armed forces to lift the curfew order in Rakhine State, in particular to ensure freedom of movement and the safety and security of all persons without distinction of any kind, and to put an end to the extortion and intimidation of the Rohingya population, 1. Expresses grave concern at the findings of the independent international fact-finding mission on Myanmar 10 that there is sufficient information to warrant investigation and prosecution so that a competent court may determine liability for genocide in relation to the situation in Rakhine State, that crimes against humanity and war crimes have been committed in Kachin, Rakhine and Shan States, including murder, imprisonment, enforced disappearance, torture, rape, sexual slavery and other forms of sexual violence, persecution and enslavement, that children were subjected to and witnessed serious human rights violations, including killing, maiming and sexual violence, that there are reasonable grounds to conclude that serious crimes under international law have been committed that warrant criminal investigation and prosecution and that the military has consistently failed to respect international human rights law and international humanitarian law; 2. Strongly condemns all violations and abuses of human rights in Myanmar, as set out in the report of the fact-finding mission, including the widespread, systematic and gross human rights violations and abuses committed in Rakhine State, including the presence of elements of extermination and deportation and the __________________ 10 4/8 See A/HRC/39/64. 18-22647