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Call for a special session of the UN Human Rights
Name °ü¸®ÀÚ Date 2017-11-30 Hits 673
To: Member and observer states of the UN Human Rights Council
Open Letee
Excellencies,
Re: Call for a special session of the UN Human Rights Council on the deterioratng human rights situaton in
Myanmar
We, the undersigned human rights organisatons, strongly support calls for a UN Human Rights Council special
session on the deterioratng human rights situaton in Myanmar and urge your delegatons to support holding such
a session as soon as possible. In light of serious reports of human rights violatons, including crimes against
humanity, commited by Myanmar security forces – including unlawful killings, rape and other crimes of sexual
violence, widespread burning and destructon of Rohingya homes and property, mass deportatons and the
unlawful use of antipersonnel landmines – and given the unprecedented exodus of over half a million Rohingya
refugees from Myanmar into Bangladesh, we believe that a special session is imperatve to launch decisive acton
and ensure internatonal scrutny and monitoring of the situaton.
While the Council must pay partcular atenton to the situaton of the Rohingya and to Rakhine State, it should not
restrict itself to addressing one region, in keeping with past resolutons on this issue. It is important that the
Council acknowledge and express concern over the deterioraton of the human rights situaton in other parts of
the country, including over reports of violatons and abuses of internatonal human rights and humanitarian law in
Kachin and Shan States – which in some cases have implicated the same military units as in Rakhine State. These
have included torture, enforced disappearance, extrajudicial executons and killing civilians through indiscriminate
use of force by the Myanmar military.
Such a comprehensive approach would contextualise larger paterns of violatons and address more efectvely
structural issues in Myanmar that have contributed to the current crisis and overall deterioraton of the situaton in
Myanmar. Therefore, in keeping with past resolutons on the situaton in Myanmar under Item 4 and item 2, the
Council should pass a resoluton that covers serious human rights concerns in Myanmar as a whole, or at minimum
the human rights of the Rohingya, Kachin, Shan, T¡¯ang and other minorites across the whole country. 1
Failure to
do so would not only overlook the situaton of other people in Myanmar including other ethnic and religious
minorites but also risk further isolatng the Rohingya within Myanmar and further jeopardising them.
In light of the above, our organisatons call for the special session resoluton to:
 Recognise serious concerns expressed by: the High Commissioner for Human Rights in his address to the
36th session of the UN Human Rights Council; the UN Secretary General in his September statement to
the UN Security Council; the UN Special Rapporteur on the situaton of human rights in Myanmar in her
October report to the UN General Assembly; the October rapid response report of the Ofce of the High
Commissioner for Human Rights; and the Presidental statement of the UN Security Council on 6
November. In doing so, the resoluton should also acknowledge the likelihood of the commission of
crimes against humanity, consistent with recent fndings by UN bodies and human rights organisatons;
 Call on the Fact Finding Mission on Myanmar – established by this Council – to ofer its expert advice to
relevant UN bodies seized of the situaton in the country including to the UN Security Council for
consideraton of appropriate acton and further invite the UN Fact Finding Mission to include
1 htp://ap.ohchr.org/documents/dpageee.aspxssiAA/HRC/RES/2//21. 
recommendatons on an appropriate accountability mechanism for alleged perpetrators of crimes under
internatonal law in its fnal report;
 Recognise the 1/th October joint statement by the UN Special Advisor on the Preventon of Genocide and
the UN Special Advisor on the Responsibility to Protect – which calls on Myanmar to ¡°take immediate
acton to stop and address the commission of atrocity crimes that are reportedly taking place.t The
resoluton should call on the UN Secretary General to update the Council on the follow up to this
statement at the Council¡¯s 37th session; and
 Call on the UN High Commissioner for Human Rights to update the Council on Myanmar¡¯s cooperaton
with UN human rights mechanisms at the 37th, 38th, and 3/th sessions of the Council.
The resoluton should also call on the Government of Myanmar to:
1. Immediately cease all human rights violatons, including crimes against humanity, in Rakhine, Kachin and
Shan States as well as other parts of the country; and call on all partes to refrain from further abuses;
2. Immediately allow full and unfetered access to all parts of the country for internatonal and local
humanitarian organisatons;
3. Fully cooperate with the Special Rapporteur on the situaton of human rights in Myanmar, the Ofce of
the High Commissioner for Human Rights and the UN Fact Finding Mission, including by allowing them full
and unhindered access to all areas of the country, including Rakhine State, and to all individuals and
relevant documents they deems necessary for their work; and to prevent and seek accountability for any
threats, retaliatons or reprisals against individuals for engaging with the UN, including the FactiFinding
Mission;
4. Ensure all refugees and internally displaced persons are able to return to their homes voluntarily, in
safety and with dignity; without discriminaton of any kind and in accordance with internatonal human
rights law, and with full access to internatonal observaton and government support in rebuilding homes
and destroyed infrastructure;
5. Postpone economic and infrastructure projects – including the setng up of any new special economic,
industrial or trade zones – untl necessary safeguards are put in place to ensure that they are for the
beneft of all communites without discriminaton, and in partcular do not prejudice the land and
property rights of Rohingya and other communites that have been displaced from their habitaton as
refugees or as internally displaced populatons;
6. Initate prompt, impartal, independent and efectve investgatons into all credible allegatons of
violatons and abuses of internatonal human rights law and crimes under internatonal law. Where
sufcient, admissible evidence is found of individuals (including those with command and other superior
responsibility) commitng ofences involving such violatons, and in partcular those consttutng crimes
against humanity, ensure that such individuals are prosecuted, in fair proceedings before independent
civilian courts and without the impositon of the death penalty – while acknowledging that currently no
investgaton by the Myanmar military and security forces could reasonably be seen as independent or
impartal. Myanmar should further be urged to cooperate fully with all internatonal eforts to ensure
accountability including through investgatons and prosecutons by internatonal tribunals or foreign
jurisdictons ;
7. Ensure that such prompt, impartal, independent and efectve investgatons duly address allegatons of
rape and other forms of sexual violence including gangirape by multple soldiers, forced public nudity and
humiliaton, and sexual slavery in military captvity. Furthermore, ensure that the survivors of genderi
based violence have immediate access to health services and psychoisocial support;
8. Take immediate acton to address the longistanding and systematc discriminaton and segregaton of the
Rohingya and other Muslims in Myanmar; including by ensuring that the right to a natonality is granted
free of any discriminaton; and removing arbitrary and discriminatory restrictons on freedom of
movement; access to healthcare, educaton and other services;
/. Condemn unequivocally all advocacy of natonal, racial or religious hatred that consttutes incitement to
discriminaton, hostlity or violence and to take efectve measures to tackle and counter it, in line with
internatonal human rights law; and
10. Immediately and unconditonally release all individuals deprived of liberty solely for the peaceful exercise
of their human rights, and revoke all pending criminal proceedings against such peaceful actvists. Review
and amend laws which arbitrarily restrict the peaceful exercise of these rights and take appropriate steps
to ensure the safety and security of journalists, civil society actvists and human rights defenders and their
freedom to pursue their actvites without fear.
The resoluton should further:
1. Call on all States to exercise universal jurisdicton in investgatng, prosecutng or extraditng any person
under their jurisdicton who may reasonably be suspected of commitng crimes against humanity or other
crimes under internatonal law in Myanmar, while ensuring that all proceedings meet internatonal
standards of fairness and do not involve seeking or imposing the death penalty;
2. Call on all States to use all their infuence and all diplomatc tools at their disposal to urge Myanmar to
immediately work to implement the recommendatons listed above;
3. Call on all States to assist with meetng the humanitarian needs of persons displaced within Myanmar and
in other countries including Bangladesh, including as regards protectng women, children, and others at
risk of sexual violence, trafcking, and similar abuses.
4. Call on all business enterprises, including transnatonal corporatons and domestc enterprises, to ensure
they are not, intentonally or otherwise, contributng to violatons or abuses of human rights addressed by
the resoluton, and call upon home States of business companies operatng in Myanmar to set out clearly
the expectaton that all business enterprises domiciled in their territory and/or jurisdicton are to respect
human rights throughout their operatons, highlightng the need for partcular scrutny of any operatons
or commercial relatonships that could prejudice the rights of Rohingya or other displaced communites.
Please accept, Excellencies, the assurances of our highest consideraton,
1. Actons Birmanie, Belgium
2. ALTSEANiBurma
3. Amnesty Internatonal
4. Asian Forum for Human Rights and Development (FORUMiASIA)
5. Artcle 1/
6. Banglar Manabadhikar Suraksha Mancha (MASUM), India
7. Burma Acton Ireland
8. Burma Campaign UK
/. Bytes for All, Pakistan
10. Cambodian League for the Promoton and Defense of Human Rights (LICADHO)
11. Centre for Human Rights, University of Pretoria
12. CIVICUS: World Alliance for Citzenship Partcipaton
13. Commission for the Disappeared and Victms of Violence (kontraS), Indonesia
14. Commonwealth Human rights Initatve
15. Conectas Direitos Humanos, Brazil
16. European Rohingya Council
17. Global Centre for the Responsibility to Protect
18. Info Birmanie
1/. INFORM Human Rights Documentaton Centre, Sri Lanka
20. Internatonal Commission of Jurists (ICJ)
21. Internatonal Bar Associaton¡¯s Human Rights Insttute (IBAHRI)
22. Internatonal Federaton for Human Rights (FIDH)
23. Internatonal Service for Human Rights (ISHR)
24. Korean House for internatonal Solidarity
25. Maldivian Democracy Network (MDN)
26. Odhikar, Bangladesh
27. Partnership for Justce, Nigeria
28. Peoples' Vigilance Commitee on Human Rights (PVCHR), India
2/. People¡¯s Watch, India
30. Programme Against Custodial Torture & Impunity (PACTI), India
31. Progressive Voice
32. Pusat KOMAS, Malaysia
33. Rohingya Community Ireland
34. Savitri Bai Phule Women Forum (SWF), India
35. Stefanus Alliance Internatonal
36. Swedish Burma Commitee
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