A/HRC/39/L.22
that have or may in the future have jurisdiction over these crimes, in accordance with
international law;
23.
Also decides that the mechanism shall:
(a)
Be able to make use of the information collected by the fact-finding mission
and continue to collect evidence;
(b)
Have the capacity to document and verify relevant information and evidence,
including through field engagement and by cooperating with other entities, as appropriate;
(c)
Report on its main activities on an annual basis to the Human Rights Council
as of its forty-second session and to the General Assembly as of its seventy-fourth session;
24.
Takes note of the International Criminal Court Pre-Trial Chamber’s ruling
that it may exercise jurisdiction over the deportation of the Rohingya people from Myanmar
to Bangladesh, and requests the mechanism to cooperate closely with any of its future
investigations pertaining to human rights violations in Myanmar;
25.
Requests the Secretary-General to appoint of the staff of the mechanism as
expeditiously as possible, taking into account the experience of other relevant mechanisms,
and to recruit or allocate impartial and experienced staff with relevant skills and expertise,
drawing upon terms of reference prepared by the United Nations High Commissioner for
Human Rights;
26.
Calls upon all States, including the Government of Myanmar and its
independent commission of enquiry, and encourages civil society, business enterprises and
other relevant stakeholders to cooperate fully with the mechanism to effectively fulfil its
mandate and, in particular, to provide it with any information and documentation they may
possess or come to possess, as well as any other forms of assistance pertaining to their
respective mandate;
27.
Requests the United Nations system as a whole to cooperate fully with the
mechanism and to respond promptly to any request made by the mechanism, including
access to all information and documentation;
28.
Requests the Secretary-General to allocate the resources necessary for the
implementation of the present resolution, including the logistical and technical resources
necessary to support the functioning of the mechanism;
29.
Encourages the General Assembly to consider taking further action to
address the serious human rights violations committed in Myanmar, particularly in
Rakhine, Shan and Kachin States, as documented in the final report of the fact-finding
mission,1 and to seriously consider the recommendations contained therein and to pay due
regard to the establishment of the mechanism;
30.
Decides to extend the mandate of the independent international fact-finding
mission, established by the Human Rights Council in its resolution 34/22, until the new
mechanism is operational 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 mechanism, and requests the fact-finding mission to submit a final
report on its main activities to the Council at its forty-second session;
31.
Requests the United Nations High Commissioner for Human Rights to
present a written report, to be followed by an interactive dialogue, to the Human Rights
Council at its forty-third session, on the root causes of the human rights violations and
abuses the Rohingya Muslim minority and other minorities in Myanmar are facing,
including discrimination, racial intolerance and xenophobia and Islamophobic practices, in
violations of international human rights law and contrary to international declarations,
including but not limited to the Durban Declaration and Programme of Action, and to
recommend concrete measures to be taken by the Government of Myanmar and the
international community to address the current situation;
32.
Encourages the United Nations system to give due consideration to the
recommendation by the fact-finding mission on conducting a comprehensive, independent
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