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