A/HRC/39/L.22
Rakhine since 2012 by offering dignified solutions to displacement, in consultation with the
populations concerned and in accordance with international law and standards;
15.
Call upon the Government of Myanmar to provide any returnees with
freedom of movement, unimpeded access to livelihoods, social services, including health
services, education and shelter, and compensation for all losses;
16.
Calls upon the United Nations and encourages other international agencies to
provide all support necessary for the Governments of Bangladesh and Myanmar to expedite
the safe, voluntary, dignified and sustainable return of forcibly displaced Rohingya
Muslims and other minorities from Myanmar, including internally displaced persons,
including through the early implementation of the memorandum of understanding signed by
the Government of Myanmar, the Office of the United Nations High Commissioner for
Refugees and the United Nations Development Programme;
17.
Urges the Government of Myanmar to take all measures necessary to reverse
and abandon policies, directives and practices that marginalize Rohingya Muslims and
other minorities economically, to prevent the destruction of places of worship, cemeteries,
infrastructure and commercial or residential buildings belonging to all peoples, and to
ensure that displaced Rohingya Muslims and other minorities in Rakhine State do not lose
their rights to their homes and properties, including by reviewing relevant laws, and to
address the root causes of their vulnerability and forced displacement;
18.
Expresses grave concern that the journalists Wa Lone and Kyaw Soe Oo,
who were investigating the Inn Dinn killings, have been jailed, prosecuted and sentenced,
and calls for their immediate and unconditional release, and calls upon the Government of
Myanmar to allow unhindered access of journalists throughout Myanmar, in particular in
Rakhine, Kachin and Shan States;
19.
Welcomes the signing by the Governments of Myanmar and Bangladesh of
an arrangement on the return of displaced persons from Rakhine on 23 November 2017 and
of a physical arrangement for the repatriation of displaced Myanmar residents from
Bangladesh on 16 January 2018 as important first steps towards the safe, voluntary,
dignified and sustainable return and repatriation of Rohingya refugees, and acknowledges
the cooperation of Bangladesh with the Office of the United Nations High Commissioner
for Refugees, while urging all parties to invite the Office of the High Commissioner, the
International Organization for Migration and other relevant international organizations to
fulfil their mandates and to participate fully in the work of the Joint Working Group on the
Repatriation of Displaced Myanmar Residents from Bangladesh and to ensure the
transparent, effective and sustainable implementation of the returns process, in accordance
with international law and with the free and informed participation of refugee communities;
20.
Acknowledges the signing of a memorandum of understanding on 6 June
2018 by the Government of Myanmar, the United Nations Development Programme and
the Office of the United Nations High Commissioner for Refugees and the creation of a
technical working group to oversee implementation as an important and necessary step to
create conditions for the safe, voluntary and dignified return of refugees from Bangladesh,
and encourages the immediate publication of the memorandum;
21.
Also acknowledges the establishment of an independent commission of
enquiry by the Government of Myanmar on 30 July 2018, and calls for its close cooperation
with all United Nations bodies and mandates, in particular the independent international
fact-finding mission and the Special Rapporteur on the situation of human rights in
Myanmar to ensure that all those responsible for crimes involving violations of
international law, including violations and abuses of international human rights law, such as
conflict-related sexual and gender-based violence and the attacks on children perpetrated
during the military “clearance” operations in northern Rakhine State, are held to account;
22.
Decides to establish an ongoing independent mechanism to collect,
consolidate, preserve and analyse evidence of the most serious international crimes and
violations of international law committed in Myanmar since 2011, and to prepare files in
order to facilitate and expedite fair and independent criminal proceedings, in accordance
with international law standards, in national, regional or international courts or tribunals
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