A/HRC/RES/50/3
General as the Independent Investigative Mechanism for Myanmar in his terms of reference
for the Mechanism, relevant United Nations agencies and international and regional human
rights bodies to independently monitor the situation of human rights, and to ensure that
individuals can cooperate without hindrance with these mechanisms without fear of
reprisal, intimidation or attack, and expresses deep concern that international access to
affected areas, including Northern Rakhine State, remains severely restricted for the
international community, including for United Nations agencies, humanitarian actors and
international media;
15.
Welcomes the work of the Independent Mechanism for Myanmar, established
by the Human Rights Council in its resolution 39/2, to collect, consolidate, preserve and
analyse evidence of the most serious international crimes and violations of international
law committed in Myanmar since 2011, in particular in Rakhine, Kachin and Shan States,
making use of the information handed over by the independent international fact-finding
mission, 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 that have, or may in the future have, jurisdiction over these
crimes, in accordance with international law, and its reports submitted to the Human Rights
Council;
16.
Calls for close cooperation between the Independent Mechanism for Myanmar
and any ongoing or future investigations pertaining to serious international crimes and
violations of international law in Myanmar by national, regional or international courts or
tribunals;
17.
Calls upon the United Nations to ensure that the Independent Mechanism for
Myanmar is afforded the flexibility that it needs in terms of staffing, location and
operational freedom so that it can deliver as effectively as possible on its mandate, and
urges Myanmar, States, in particular those in the region, judicial authorities and private
entities to fully cooperate with the Mechanism, including by granting it access and by
providing it with every assistance in the execution of its mandate;
18.
Reiterates the importance of the implementation of the recommendations
contained in the reports of the independent international fact-finding mission, and urges
Myanmar and the international community to give due consideration in this regard;
19.
Also reiterates the importance of the full implementation of all
recommendations of the Advisory Commission on Rakhine State to address the root causes
of the crisis, including those on the right to nationality and equal access to citizenship,
freedom of movement, the elimination of systematic segregation and all forms of
discrimination, and inclusive and equal access to health services and education, and birth
registration, in full consultation with all ethnic and religious minorities and persons in
vulnerable situations, including Rohingya Muslims, and with civil society;
20.
Calls upon Myanmar to make serious efforts to eliminate statelessness and the
systematic and institutionalized discrimination against members of ethnic and religious
minorities, in particular relating to Rohingya Muslims, by, inter alia, repealing and
replacing the 1982 Citizenship Law, which has led to the deprivation of human rights; by
ensuring everyone’s right to a nationality and equal access of all people in Myanmar, in
particular Rohingya Muslims, to full citizenship through a transparent, voluntary and
accessible procedure and to all civil and political rights by allowing for self-identification;
by amending or repealing all discriminatory legislation and policies, including
discriminatory provisions of the set of “protection of race and religion laws” enacted in
2015 covering religious conversion, interfaith marriage, monogamy and population control;
and by lifting all local orders restricting the rights to freedom of movement and access to
civil registration, health and education services and livelihoods;
21.
Also calls upon Myanmar to rapidly implement the five-point consensus
reached at the Leaders’ Meeting of the Association of Southeast Asian Nations held on 24
April 2021 to facilitate a peaceful solution through inclusive dialogue and the immediate
cessation of violence in the interests of the people of Myanmar and their livelihoods,
including of Rohingya Muslims and other ethnic minorities, and to that end calls upon all
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