A/HRC/RES/39/2
measures necessary to promote and protect human rights in its territory without any
discrimination,
Expressing deep concern about the ongoing non-cooperation of the Government of
Myanmar and its denial of access to the fact-finding mission and the Special Rapporteur,
Expressing deep concern also that, despite the signing of the bilateral instruments
between Bangladesh and Myanmar and the subsequent formation of the Joint Working
Group on the Repatriation of Displaced Myanmar Residents from Bangladesh, no displaced
Rohingya person has been able to return to Myanmar to date owing to the fact that no
visible effort has been made to create a conducive environment for the safe, voluntary,
dignified and sustainable return of displaced Rohingya, including assurance of nonoccurrence of violence, assurance on rights, including citizenship and mobility, or
assurance of accountability of perpetrators and justice for victims, and owing also to the
very slow verification process of the list of intended returnees handed over to Myanmar,
Expressing concern at the reports of continued intimidation and violence against the
remaining Rohingya Muslim population and other minorities in Myanmar,
Recognizing the initial steps taken by the Government of Myanmar to address the
underlying causes of the situation in Rakhine State, including the setting up of the Central
Committee for the Implementation of Peace, Stability and Development in Rakhine State
and the Advisory Commission on Rakhine State, established on 5 September 2016 at the
behest of the State Counsellor of Myanmar, Daw Aung San Suu Kyi, and chaired by former
Secretary-General Kofi Annan, while regretting that the Government has not yet fully
implemented all recommendations of the Advisory Commission on Rakhine State,
Acknowledging the establishment of an independent commission of enquiry by the
Government of Myanmar on 30 July 2018 as a step towards ensuring accountability for the
gross human rights violations and abuses committed in Rakhine State, and expressing hope
that the commission of enquiry, unlike previous national investigative mechanisms, will be
able to work with independence, transparency and objectivity,
Acknowledging with grave concern the statements made by the Secretary-General on
26 February 2018, the United Nations High Commissioner for Human Rights on 7 March
2018 and the Assistant Secretary-General for Human Rights on 6 March 2018, as well as by
the Secretary-General of the Organization of Islamic Cooperation on 27 February 2018, on
the situation of human rights in Rakhine State, in which they referred to ethnic cleansing in
Myanmar, and recalling resolution 59/45-POL of the Organization of Islamic Cooperation
adopted by the Council of Foreign Ministers at its forty-fifth session on the establishment
of an ad hoc ministerial committee on accountability for human rights violations against the
Rohingya, and the recommendations made by the participants in the international
consultation meeting on the Rohingya crisis, held on 6 July 2018 in Ankara,
Acknowledging the request made by the High Commissioner, during the thirtyeighth session of the Human Rights Council, on the situation of human rights of the
Rohingya 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 establish a new impartial and independent mechanism, complementary
to the work of the fact-finding mission,
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 relating 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
2