General Assembly: Report of The Human Rights Council On Its Twenty-Seventh Special Session
General Assembly: Report of The Human Rights Council On Its Twenty-Seventh Special Session
Original: English
GE.18-01488(E)
A/HRC/S-27/3
          1.   See A/72/439/Add.3.
          2.   S/PRST/2017/22.
          3.   A/HRC/34/67.
          4.   A/72/382.
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            Noting with deep concern the flash report of the Office of the United Nations High
     Commissioner for Human Rights dated 3 February 2017, entitled “Interviews with
     Rohingyas fleeing from Myanmar since 9 October 2016”, prepared following a mission by
     the Office to Bangladesh, and its report dated September 2017, entitled “Mission report of
     OHCHR rapid response mission to Cox’s Bazar, Bangladesh”,
             Alarmed by the statements and reports from the United Nations system on grave
     human rights violations and abuses carried out in a systematic, targeted and deliberate
     manner by security forces assisted by non-State actors in Rakhine State through the
     disproportionate use of force, extrajudicial and summary killings, including of children,
     sexual violence, including rape, indiscriminate firing of weapons and the planting of
     landmines, the destruction of property, livelihoods and futures, disappearances, torture and
     other cruel, inhuman or degrading treatment or punishment, attacks on places of worship
     and religious intolerance, resulting in large-scale forced displacement and indicating the
     very likely commission of crimes against humanity,
             Acknowledging the urgent need to restore law and order, peace and security to
     protect all civilians, including individuals in a vulnerable situation, from any harm or acts
     of reprisal,
            Highly alarmed at the outbreak of violence in Rakhine State in October 2016 and
     August 2017 that caused the displacement of hundreds of thousands of Rohingya civilians
     to Bangladesh, bringing the total to more than 600,000 Rohingyas, mainly women, children
     and the elderly, who have joined the hundreds of thousands of those among the Rohingya
     population previously displaced from Myanmar to Bangladesh that had fled violence in
     Myanmar in phases over the years,
            Noting with deep concern that, according to the United Nations Children’s Fund,
     nearly 60 per cent of the Rohingya population who have been forced to flee to Bangladesh
     are children, and that a large number of those children are unaccompanied, separated or
     orphaned,
            Concerned that, despite the fact that the Rohingya population, especially Muslims,
     had been living in Myanmar for generations prior to its independence and have no ties to
     anywhere but Myanmar, they have been made stateless since the enactment of the 1982
     Citizenship Law and since then have been subjected to restrictions on access to education,
     health services and livelihoods, underscoring that the lack of citizenship status and related
     civil and political rights of Rohingya Muslims and others, including voting rights, is a
     serious human rights violation,
           Welcoming the formation by the Government of Myanmar of the Advisory
     Commission on Rakhine State, chaired by Kofi Annan, which submitted its final report in
     August 2017,5 and the commitment of the Government of Myanmar to implementing the
     Commission’s recommendations and addressing the underlying causes of the situation in
     Rakhine State,
             Noting that the Government of Myanmar has established an investigation
     commission, led by Vice-President U Myint Swe, and encouraging the publication of a
     credible, independent and impartial investigation report on allegations of human rights
     violations without delay,
            Noting with serious concern reports of incitement to racial or religious hatred
     leading to violence, including the fuelling of intercommunal tension in central Rakhine
5.   Advisory Commission on Rakhine State, “Towards a peaceful, fair and prosperous future for the
     people of Rakhine” (August 2017). Available at
     www.rakhinecommission.org/app/uploads/2017/08/FinalReport_Eng.pdf.
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               State, and calling upon the Government of Myanmar to take all measures necessary, while
               fully respecting human rights and fundamental freedoms, to combat any incitement to
               hatred, tension or violence by publicly condemning such acts, and welcoming the
               Government’s efforts to promote interfaith dialogue in the country,
                      Noting those developments in Myanmar that contribute positively towards political
               and economic reform, democratization, national reconciliation, good governance and the
               rule of law and the efforts made to respect, protect and fulfil human rights and combat
               corruption, and encouraging the Government of Myanmar to take further steps to address
               outstanding concerns, in particular those reflected in the present resolution as well as in
               Human Rights Council resolution 34/22,
                     Noting also the bilateral instrument entitled “Arrangement on return of displaced
               persons from Rakhine State”, recently concluded between Bangladesh and Myanmar,
                       Deeply concerned by the current climate of non-cooperation with United Nations
               and international non-governmental organizations, including international humanitarian
               actors, as demonstrated by government restrictions on access to northern Rakhine State and
               the recent attempts by local mobs to prevent urgent aid from reaching those in need, and by
               the fact that humanitarian access remains restricted in Rakhine State and is discriminatory
               against the Rohingya community,
                       Alarmed by the significant impact of the huge Rohingya influx towards Bangladesh,
               in the form of socioeconomic and demographic pressure, as well as insecurities related to
               the potential radicalization to violence of the community,
                     Highly appreciating the generosity shown by the Government and the people of
               Bangladesh even under difficult circumstances, by affording temporary shelter,
               humanitarian assistance and protection to the forcibly displaced Rohingya population,
                       Deeply concerned over the restrictions on freedom of movement of the persons
               belonging to the Rohingya Muslim community and other minorities throughout Rakhine
               State, including the confinement of approximately 120,000 people in camps for internally
               displaced persons, most of whom without access to livelihoods,
                      Recalling that in its resolution 34/22 the Human Rights Council established the
               independent international fact-finding mission, and in its decision 36/115 extended the
               mandate of the mission, deeply concerned at the lack of cooperation by the Government of
               Myanmar with, and denial of access to, the fact-finding mission, which hinders
               independent, fair and credible investigation of allegations of human rights violations and
               abuses,
                      1.     Strongly condemns the alleged systematic and gross violations of human
               rights and abuses committed in Myanmar, in particular in Rakhine State, notably against
               persons belonging to the Rohingya Muslim community and other minorities, including
               women and children;
                      2.     Condemns the attacks against Myanmar police and military posts carried out
               on 25 August 2017 and all acts of violence against the security forces, and stresses that the
               challenges facing Rakhine State and other areas in Myanmar can be resolved only through
               peaceful means;
                     3.     Calls upon the Government of Myanmar to ensure the protection of the
               human rights of all persons in Myanmar, including persons belonging to the Rohingya
               Muslim community and other minorities;
                     4.      Urges the Government of Myanmar to take all measures necessary to prevent
               the destruction of places of worship, cemeteries, infrastructure, and commercial and
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residential buildings belonging to all people, and to facilitate the rebuilding of those that
have already been destroyed;
        5.      Calls upon the Government of Myanmar to take all measures necessary to
provide justice to victims, ensure the full accountability of perpetrators and end impunity
for all violations and abuses of human rights, including, in particular, those perpetrated
against persons belonging to the Rohingya Muslim community and other minorities, by
facilitating a full, transparent and independent investigation into the reports of all violations
and abuses of human rights and violations of international humanitarian law when
applicable;
        6.     Expresses grave concern at consistent allegations of widespread sexual
violence, including rape and gang rape, and calls for those allegations to be investigated, for
those found responsible to be held to account, and for access by victims of human rights
violations, including victims of rape and other forms of sexual violence, killings and other
attacks, to long-term health services and psychosocial support to be ensured;
        7.     Strongly calls upon the Government of Myanmar to cooperate fully with the
fact-finding mission established by the Human Rights Council in its resolution 34/22 and to
grant unfettered access to the fact-finding mission, other human rights mechanisms and the
United Nations, and to ensure that individuals have unhindered access to and can
communicate with the United Nations and other human rights entities without facing acts of
reprisal, intimidation or attacks or any other type of harassment, or the fear thereof;
       8.     Expresses deep concern that humanitarian access remains severely restricted
in northern Rakhine State and unpredictable in other parts of Rakhine State;
       9.     Urges, while noting the initial steps taken by the Government of Myanmar
and humanitarian agencies to provide assistance to individuals in Rakhine State, the
Government of Myanmar to allow full, immediate, safe, unconditional and unhindered
access for the United Nations agencies and other international humanitarian actors,
including regional organizations such as the Coordinating Centre for Humanitarian
Assistance on Disaster Management of the Association of Southeast Asian Nations, to carry
out needs assessments and to resume delivery of primary and life-saving humanitarian
assistance to all affected persons and communities without discrimination throughout
Myanmar, and particularly in Rakhine State, including northern and central Rakhine State;
        10.    Highly appreciates the efforts of the Government of Bangladesh, strongly
supported by the international community, to provide safety and assistance for those who
have fled violence, and encourages the Government of Bangladesh to continue those efforts
until conditions in Myanmar are conducive to the safe, voluntary, sustainable and dignified
return of those who have fled violence;
        11.    Urges the Government of Myanmar to immediately address the conditions
that lead to mass displacement, including lack of safety and security, to restore food
security, access to livelihoods, inclusion and public safety, and to ensure respect for the
human rights of the Rohingya population in northern Rakhine State in order to take steps to
create an atmosphere conducive to the safe, voluntary, dignified and sustainable return to
their places of origin in Myanmar of those who have been forcibly displaced, by ensuring
that their human rights, including freedom of movement, will be fully respected and by
creating the right conditions for them to return to their homes and resume their livelihood
activities and income generation without fear, discrimination or restrictions;
       12.    Calls upon the Government of Myanmar to ensure, in conjunction with
international partners and in accordance with international law, the safe, dignified,
voluntary and sustainable return to their ancestral land in Myanmar of all displaced
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               Rohingyas, including refugees and internally displaced persons, and to ensure the human
               rights of those who return;
                       13.   Also calls upon the Government of Myanmar to immediately start a process
               for the expeditious verification of refugees and forcibly displaced persons in a time-bound
               manner that accommodates many refugees’ and forcibly displaced persons’ lack of
               documentation;
                       14.    Welcomes the public commitment of the Government of Myanmar to
               implement the recommendations of the Advisory Commission on Rakhine State to the
               fullest extent and urges the Government to implement them swiftly and in their entirety, to
               allow reconciliation in Rakhine State and to commence a process of inclusive development
               meaningful for all communities, and notes the establishment of the Union Enterprise for
               Humanitarian Assistance, Resettlement and Development in Rakhine;
                      15.    Calls upon the international community and regional organizations to provide
               support, including humanitarian and development assistance, to the Government of
               Myanmar for the implementation of the recommendations of the Advisory Commission on
               Rakhine State, including recommendations regarding an inclusive and transparent
               citizenship verification process, the provision of documentation for non-citizens and their
               equal access to essential social services, including education, health care and freedom of
               movement, and on finding sustainable solutions in building intercommunal harmony
               towards lasting peace, stability and prosperity for the benefit of the whole population, and
               calls upon the Government of Myanmar to provide unhindered access for such
               humanitarian assistance;
                      16.    Encourages the international community, in the true spirit of interdependence
               and burden-sharing, to continue to assist Bangladesh in the provision of humanitarian
               assistance to the forcibly displaced Rohingya Muslims and other minorities until their
               return to their places of origin in Myanmar and to assist Myanmar in the provision of
               humanitarian assistance to affected persons of all communities displaced internally within
               Rakhine State, taking particular account of the vulnerable position of women and children;
                       17.    Calls upon the Government of Myanmar to address the root causes of the
               Rohingya crisis, including by addressing the issue of the statelessness of the Rohingya
               population by ensuring their equal access to full citizenship and related rights, including
               civil and political rights, and, to those ends, to amend the 1982 Citizenship Law to ensure
               its conformity with universally recognized principles and to restore the citizenship of the
               Rohingya population through an open, fast, voluntary and transparent process of national
               verification based on past census and other data that leaves no individual unregistered nor
               hinders their access to essential social services, including education and health care, and, in
               the event of any dispute, involving independent national and international observers for
               transparency and accountability;
                      18.     Also calls upon the Government of Myanmar to take all measures necessary,
               while fully respecting human rights and fundamental freedoms, to counter any incitement to
               hatred or violence by publicly condemning such acts and holding those who conduct such
               acts accountable under criminal law, and acknowledges the Government’s efforts to
               promote interfaith dialogue in the country;
                      19.    Encourages further efforts to promote intercommunal interfaith dialogue in
               order to de-escalate tension and foster peaceful coexistence among all ethnic and religious
               groups in Myanmar;
                      20.    Calls upon the Government of Myanmar to cooperate with and assist the
               relevant special procedure mandate holders in the discharge of their respective mandates, to
               provide them with all necessary information requested by them and to give serious
               consideration to responding favourably to their requests to visit the country in order to
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enable them to fulfil their duties effectively in the context of the human rights situation of
the Rohingya population;
        21.    Requests the United Nations High Commissioner for Human Rights to track
progress concerning the human rights situation of Rohingya people, and to provide oral
updates, followed by an interactive dialogue, at the thirty-eighth, forty-first and forty-fourth
sessions of the Human Rights Council, with a view to reaching a comprehensive solution of
the crisis within three years through the full implementation of the present resolution and
Council resolution 34/22;
        22.    Also requests the High Commissioner to prepare a comprehensive written
report on the situation, including on the level of cooperation and access given to the fact-
finding mission and other United Nations human rights mechanisms, the implementation of
the present resolution, the findings and recommendations of the United Nations system on
the situation of human rights of Rohingya people in Rakhine State and recommendations on
a future course of action, to present the report to the Human Rights Council at its fortieth
session, and to submit the report to the General Assembly for its consideration;
       23.    Decides to remain seized of the matter.
                                                                                  2nd meeting
                                                                             5 December 2017
[Adopted by a recorded vote of 33 to 3, with 9 abstentions. The voting was as follows:
       In favour:
              Albania, Bangladesh, Belgium, Botswana, Brazil, Côte d’Ivoire, Croatia,
              Egypt, El Salvador, Georgia, Germany, Ghana, Hungary, Indonesia, Iraq,
              Kyrgyzstan, Latvia, Netherlands, Nigeria, Panama, Paraguay, Portugal,
              Qatar, Republic of Korea, Rwanda, Saudi Arabia, Slovenia, Switzerland,
              Togo, Tunisia, United Arab Emirates, United Kingdom of Great Britain and
              Northern Ireland, United States of America
       Against:
             Burundi, China, Philippines
       Abstaining:
              Congo, Ecuador, Ethiopia, India, Japan, Kenya, Mongolia, South Africa,
              Venezuela (Bolivarian Republic of)]
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               6.    The Human Rights Council held its twenty-seventh special session at the United
               Nations Office at Geneva on 5 December 2017. It held two meetings during the session.
               7.     The twenty-seventh special session was opened by the President of the Human
               Rights Council.
B. Attendance
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C. Officers
       9.     The following members of the Bureau of the Human Rights Council for the eleventh
       cycle also served as officers for the twenty-seventh special session:
               President             Joaquín Alexander Maza Martelli (El Salvador)
               Vice-Presidents       Alaa Youssef (Egypt)*
                                     Shalva Tsiskarashvili (Georgia)
                                     Valentin Zellweger (Switzerland)
               Vice-President
               and Rapporteur        Mouayed Saleh (Iraq)
D. Organization of work
       10.   Pursuant to paragraph 124 of the annex to Human Rights Council resolution 5/1, an
       open-ended informative consultation was held on 4 December 2017 in preparation for the
       twenty-seventh special session.
       11.     At its first meeting, on 5 December 2017, the Human Rights Council considered the
       organization of its work, including speaking time limits, which would be three minutes for
       statements by States Members of the Council and two minutes for statements by observer
       States of the Council, observers for non-Member States of the Council and other observers.
       The list of speakers would be drawn up in chronological order of registration. States
       Members of the Council would be given the floor first, followed by observer States and
       observers for United Nations entities, specialized agencies and related organizations,
       intergovernmental organizations and other entities, and observers of national human rights
       institutions and non-governmental organizations.
       12.    The special session was conducted in accordance with the relevant provisions
       contained in Human Rights Council resolution 5/1.
       13.    The resolution adopted by the Human Rights Council at its twenty-seventh special
       session is reproduced in chapter I of the present report.
       14.    The list of documents issued for the twenty-seventh special session is contained in
       the annex to the present report.
F. Statements
       15.   At the first meeting, on 5 December 2017, the United Nations High Commissioner
       for Human Rights made a statement.
       16.    At the same meeting, the Chair of the Coordination Committee of Special
       Procedures of the Human Rights Council, Catalina Devandas Aguilar, made a statement on
       behalf of the Coordination Committee and, in the light of the subject of the special session,
     * Elected at the organizational session, held on 4 December 2017, to replace Amr Ramadan, whose
       term of office had ended.
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               also on behalf of the Special Rapporteur on the situation of human rights in Myanmar,
               Yanghee Lee.
               17.   Also at the same meeting, the Chair of the independent international fact-finding
               mission on Myanmar, Marzuki Darusman, made a statement by video message.
               18.   At the same meeting, the Special Representative of the Secretary-General on Sexual
               Violence in Conflict, Pramila Patten, made a statement.
               19.    Also at the same meeting, the representative of Myanmar made a statement as the
               State concerned.
               20.    At the same meeting, statements were made by the following:
                      (a)   States Members of the Human Rights Council: Albania, Bangladesh,
               Belgium, Botswana, Brazil, China, Côte d’Ivoire, Croatia, Egypt, Estonia (on behalf of the
               European Union), Germany, Ghana, Indonesia, Iraq, Japan, Netherlands (also on behalf of
               Argentina, Australia, Bangladesh, Belgium, Bosnia and Herzegovina, Botswana, Canada,
               Chile, Costa Rica, Côte d’Ivoire, Czechia, Denmark, Finland, France, Germany, Ghana,
               Guatemala, Hungary, Italy, Liberia, Liechtenstein, Luxembourg, Mali, Mexico, Morocco,
               Mozambique, New Zealand, Nigeria, Norway, Panama, Peru, Qatar, the Republic of Korea,
               Romania, Rwanda, Senegal, Sierra Leone, Slovakia, Slovenia, South Sudan, Spain,
               Sweden, Switzerland, the United Kingdom of Great Britain and Northern Ireland, the
               United Republic of Tanzania, the United States of America and Uruguay), Netherlands,
               Nigeria, Oman (on behalf of the Group of Arab States), Pakistan (on behalf of the
               Organization of Islamic Cooperation), Paraguay, Philippines, Portugal, Qatar, Republic of
               Korea, Saudi Arabia, Slovenia, Switzerland, Tunisia, United Arab Emirates, United
               Kingdom of Great Britain and Northern Ireland, United States of America;
                      (b)    Observer States of the Human Rights Council: Canada, Denmark (also on
               behalf of Finland, Iceland, Norway and Sweden), Finland, France, Ireland, Liechtenstein,
               Malaysia, Thailand.
               21.    At the 2nd meeting, on the same day, statements were made by the following:
                       (a)   Observer States of the Human Rights Council: Afghanistan, Algeria,
               Australia, Austria, Azerbaijan, Bahrain, Costa Rica, Denmark, Estonia, Greece, Iceland,
               Iran (Islamic Republic of), Israel, Italy, Jordan, Kuwait, Lao People’s Democratic Republic,
               Lebanon, Libya, Luxembourg, New Zealand, Norway, Russian Federation, Senegal,
               Singapore, Spain, Sudan, Sweden, Turkey, Uruguay, Viet Nam;
                       (b)    Observers for non-governmental organizations: Alliance Defending Freedom,
               Amnesty International, Asian Forum for Human Rights and Development (also on behalf of
               Conectas Direitos Humanos and International Movement against All Forms of
               Discrimination and Racism), Asian Legal Resource Centre, CIVICUS – World Alliance for
               Citizen Participation, Geneva Centre for Human Rights Advancement and Global Dialogue,
               Human Rights Watch, International Association of Jewish Lawyers and Jurists,
               International Campaign to Ban Landmines, International Commission of Jurists,
               International Federation for Human Rights Leagues, International Organization for the
               Elimination of All Forms of Racial Discrimination, Plan International, Inc., Rencontre
               africaine pour la défense des droits de l’homme, Save the Children International (also on
               behalf of Action contre la faim and the International Rescue Committee, Inc.), United
               Nations Watch, World Jewish Congress.
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      22.    At the 2nd meeting, on 5 December 2017, the representatives of Bangladesh (also on
      behalf of Algeria, Maldives, Nigeria, Saudi Arabia, Senegal, the Sudan and Turkey) and
      Saudi Arabia (also on behalf of Algeria, Bangladesh, Maldives, Nigeria, Senegal, the Sudan
      and Turkey) introduced draft resolution A/HRC/S-27/L.1, sponsored by Algeria,
      Bangladesh, Maldives, Nigeria, Saudi Arabia, Senegal, the Sudan and Turkey and co-
      sponsored by Pakistan, on behalf of the States members of the Organization of Islamic
      Cooperation. Subsequently, Andorra, Argentina, Australia, Austria, Belgium, Botswana,
      Bulgaria, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Georgia,
      Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,
      Malta, Mexico, Monaco, Montenegro, the Netherlands, New Zealand, Norway, Poland,
      Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav
      Republic of Macedonia, the United Kingdom of Great Britain and Northern Ireland and the
      United States of America joined the sponsors.
      23.   At the same meeting, the representative of Myanmar made a statement as the State
      concerned.
      24.    Also at the same meeting, in accordance with rule 153 of the rules of procedure of
      the General Assembly, the attention of the Human Rights Council was drawn to the
      estimated administrative and programme budget implications of the draft resolution.
      25.    At the same meeting, the representatives of China, Ecuador, India, Japan and the
      Philippines made statements in explanation of vote before the vote. In her statement, the
      representative of the Philippines disassociated her delegation from the consensus on the
      ninth, eleventh, twenty-first and twenty-fifth preambular paragraphs and operative
      paragraphs 5, 7, 20 and 21 of the draft resolution.
      26.    Also at the same meeting, at the request of the representative of China, a recorded
      vote was taken on draft resolution A/HRC/S-27/L.1. The draft resolution was adopted by 33
      votes to 3, with 9 abstentions (for the text of resolution S-27/1 and voting results, see
      chapter I).
      27.   At the same meeting, the representatives of Bangladesh (also on behalf of Algeria,
      Maldives, Nigeria, Saudi Arabia, Senegal, the Sudan and Turkey), Egypt, Indonesia and the
      United States of America made statements in explanation of vote after the vote and general
      comments on the adopted resolution.
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Annex
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