A/HRC/RES/37/32
human rights of the minority Rohingya Muslim population and other minorities in the
Rakhine State of Myanmar that the Council, in view of the scale and gravity of the
allegations, consider making a recommendation to the General Assembly that it establish a
new impartial and independent mechanism, complementary to the work of the fact-finding
mission and the recommendation made by the Special Rapporteur in her report on the
situation of human rights in Myanmar, 2 that a structure be established, under the auspices of
the United Nations, supported by the necessary expertise, for a duration of three years, to
investigate, document, collect, consolidate, map and analyse evidence of human rights
violations and abuses, and to maintain and prepare evidence in a depository to support and
facilitate impartial, fair and independent criminal proceedings in national or international
courts or tribunals in accordance with international law,
Acknowledging with grave concern the statements made by the Secretary-General,
on 26 February 2018, the High Commissioner, on 7 March 2018, and the Assistant
Secretary-General for Human Rights, on 6 March 2018, on the situation of human rights in
Rakhine State, in which they referred to ethnic cleansing in Myanmar,
Welcoming the adoption of General Assembly resolution 72/248, in which the
Assembly requested the Secretary-General to appoint a special envoy on Myanmar and to
offer assistance to the Government of Myanmar,
Stressing that States have the primary responsibility for the promotion and
protection of human rights,
Recalling the responsibility of States to comply with their relevant obligations to
prosecute those responsible for gross violations and abuses of human rights and serious
violations of international humanitarian law constituting crimes under international law,
with a view to end impunity,
Recalling also Human Rights Council resolutions 5/1, on institution-building of the
Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the
Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or her
duties in accordance with those resolutions and the annexes thereto,
Expressing concern at the reports of ongoing intimidation and violence against the
remaining Rohingya population and other minorities in Myanmar,
1.
Welcomes the positive developments in Myanmar towards political and
economic reform, and calls upon the Government of Myanmar, including the security
forces, to ensure that democratization, national reconciliation, good governance and the rule
of law prevail, and urges the Government to take further steps to promote and protect
human rights and combat corruption, and to address outstanding concerns;
2.
Calls upon all actors to consolidate the democratic transition with full respect
for the rule of law and human rights by bringing all national institutions, including the
military, under civilian control, and to ensure the recognition of all ethnic and religious
minorities and their equitable inclusion in the political process;
3.
Welcomes the progress made towards the principles of a future democratic
federal union during the Twenty-first Century Panglong Conference in May 2017 and the
signing by the New Mon State Party and the Lahu Democratic Union of the Nationwide
Ceasefire Agreement on 13 February 2018, bringing the number of signatories to the
Agreement to 10, while expressing concern at the violations of the Agreement against
signatory groups and the use of the Unlawful Associations Act to arrest members of ethnic
and religious minorities on an arbitrary basis, and calls for further steps, including an
immediate end to the violence and of all violations and abuses of international human rights
law and violations of international humanitarian law, as applicable, in northern Myanmar,
the granting of immediate, safe and unhindered humanitarian access, including to areas
controlled by ethnic armed groups, in particular in Kachin and Shan States, and enhanced
efforts to reach out to those ethnic armed groups that have not yet signed the Agreement,
2
2
A/HRC/34/67.