Myanmar

Human rights implications of the crisis in Myanmar 12 February 2021 (A/HRC/S-29/L.1)

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The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations, reaffirming the Universal Declaration of Human Rights, and recalling the International Covenants on Human Rights and other relevant instruments,

Expressing deep concern at the declaration of the state of emergency imposed in Myanmar by the military on 1 February 2021 and at the imposition of article 144 of the Code of Criminal Procedure,

Strongly deploring the arbitrary detention of democratically elected members of the Government, including State Counsellor Aung San Suu Kyi and President Win Myint, and of political leaders, officials, human rights defenders, journalists, media workers, activists, local and foreign advisers and others,

Expressing concern at the harassment of and restrictions and attacks on civil society, journalists and media workers and faith-based actors, and the restrictions on the Internet, telecommunications and social media curtailing access to information, and on the rights to freedom of opinion and expression, religion or belief, association and peaceful assembly,

Emphasizing that States have the primary responsibility for the promotion and protection of human rights and that the Myanmar military and other security forces and authorities should respect the right to peaceful assembly and refrain from using any unnecessary or excessive force against the public,

Emphasizing also the need for continued support for the democratic transition in Myanmar, and stressing the need to uphold democratic institutions and processes, to refrain from violence and to fully respect human rights, fundamental freedoms and the rule of law,

Expressing concern at the continuing reports of serious human rights violations and abuses in Myanmar, including against Rohingya Muslims and other minorities,

Noting the ongoing processes to ensure justice and accountability in respect of alleged crimes committed against Rohingya Muslims and other minorities in Myanmar,

Reaffirming its strong commitment to the sovereignty, political independence, territorial integrity and unity of Myanmar,

Reiterating its strong support for regional organizations, in particular the Association of Southeast Asian Nations, for their initiatives and efforts to respond to the recent developments in Myanmar, and welcoming the statement made by the Association’s Chairman on 1 February recalling the purposes and principles enshrined in the Charter of the Association, including adherence to the principles of democracy, the rule of law and good governance, and respect for and the protection of human rights and fundamental freedoms,

Taking note of the press statement issued by the Security Council on 4 February 2021 on the situation in Myanmar,

  1. Strongly deplores the removal of the Government democratically elected by the people of Myanmar in the general election held on 8 November 2020, and the suspension of mandates of members of all parliaments, and calls for the restoration of the democratically elected Government;

  2. Calls urgently for the immediate and unconditional release of all persons arbitrarily detained, including State Counsellor Aung San Suu Kyi and President Win Myint, and others, and the lifting of the state of emergency;

  3. Strongly urges the Myanmar military and other security forces and authorities to exercise utmost restraint and to refrain from any use of violence against peaceful protesters, and to respect the right to peaceful assembly;

  4. Strongly calls upon the Myanmar military and other security forces and authorities to take steps immediately to protect the rights to freedom of opinion and expression, religion or belief, association and peaceful assembly in accordance with international human rights law, and to ensure that members of civil society organizations and the media are able to operate freely and without fear of violence, harassment or intimidation;

  5. Calls for the immediate and permanent lifting of restrictions on the Internet, telecommunication and social media, and the avoidance of any further violations of the rights to freedom of opinion and expression, including the freedom to seek, receive and impart information, in accordance with international human rights law;

  6. Also calls for safe and unimpeded humanitarian access to all people in need, including through the re‑establishment of United Nations relief flights;

  7. Strongly encourages the pursuance of dialogue and reconciliation in accordance with the will of the people of Myanmar, and recalls the role of the Special Envoy of the Secretary-General on Myanmar in this regard;

  8. Stresses the need to address the root causes of the crisis in Rakhine State and to create the conditions necessary for the safe, voluntary, sustainable and dignified return of displaced persons, including of Rohingya Muslims and other minorities;

  9. Calls for full cooperation with and the granting of full and unrestricted access to United Nations mandate holders and human rights mechanisms, including the Special Rapporteur on the situation of human rights in Myanmar and the Office of the United Nations High Commissioner for Human Rights;

  10. Requests the Special Rapporteur on the situation of human rights in Myanmar to assess the current situation of human rights and to monitor the implementation of the present resolution, including by seeking an urgent visit to Myanmar, and to provide an oral update in his interactive dialogue with the Human Rights Council at its forty-sixth session, and to make recommendations on additional steps necessary to address the current crisis;

  11. Requests the United Nations High Commissioner for Human Rights to continue to monitor and assess the overall situation of human rights in Myanmar, including the concerns highlighted in the present resolution, and to present an oral update to the Human Rights Council at its forty-seventh session and a comprehensive report at its forty-eighth session, to be followed by enhanced interactive dialogues;

  12. Requests the Secretary-General and the High Commissioner to provide the Special Rapporteur on the situation of human rights in Myanmar with increased assistance and the resources and expertise necessary to enable him to discharge his mandate fully;

  13. Decides to remain seized of this matter.