A/HRC/39/L.22 Stressing that States have the primary responsibility to respect, protect and fulfil human rights, Reiterating the urgent need to ensure that all those responsible for crimes related to violations and abuses of international human rights law 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, Recalling the responsibility of States to comply with their relevant obligations to prosecute those responsible for violations of international law, including international humanitarian law, international human rights law and international refugee law, and for abuses of human rights law, and to provide an effective remedy to any person whose rights have been violated, with a view to end impunity, 1. Expresses grave concern at the findings of the independent international factfinding mission that there is sufficient information to warrant the investigation and prosecution of senior officials in the Tatmadaw chain of command so that a competent court may determine their liability for genocide in relation to the situation in Rakhine State, and 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, and that children were subjected to, and witnessed, serious human rights violations, including killing, maiming and sexual violence, as part of a widespread and systematic attack on a civilian population warranting 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,1 including widespread, systematic and gross human rights violations and abuses committed in Rakhine State, including the presence of elements of extermination and deportation and systematic oppression and discrimination, which may amount to persecution and to the crime of apartheid, also strongly condemns the disproportionate response of the military and the security forces, deplores the serious deterioration of the security, human rights and humanitarian situation, the exodus of more than 723,000 Rohingya Muslims and other minorities into Bangladesh and the subsequent depopulation of northern Rakhine State, and calls upon the Myanmar authorities to ensure that those responsible for violations of international law, including human rights violations and abuses, are held accountable; 3. Calls for a full and independent investigation of the reports of systematic and widespread human rights violations and abuses committed, as reported by various United Nations bodies, including the Human Rights Council, the fact-finding mission and the Special Representative of the Secretary-General on Sexual Violence in Conflict; 4. Calls upon the Government of Myanmar to ensure the protection of the human rights of all persons in Myanmar, including of Rohingya Muslims and other minorities; 5. Also calls upon the Government of Myanmar to take all measures necessary to ensure accountability and to end impunity for all violations of human rights by undertaking a full, transparent and independent investigation into reports of all violations of international human rights law and international humanitarian law; 6. Further calls upon the Government of Myanmar to grant full, unrestricted and unmonitored access for the fact-finding mission, other human rights mechanisms and relevant United Nations agencies, as well as for relevant international and regional human rights bodies, including the Independent Permanent Human Rights Commission of the Organization of Islamic Cooperation, and to ensure that all individuals have unhindered 1 A/HRC/39/64. 3

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