A/C.3/79/L.46/Rev.1
was a real and imminent risk of irreparable prejudice to the rights of the Rohingya in
Myanmar, and calling upon Myanmar to fully comply with the order,
Recalling further the judgment of the International Court of Justice of 22 July
2022 rejecting the preliminary objections of Myanmar in the case lodged by the
Gambia against Myanmar, and finding the application of the Gambia to be admissible,
and welcoming in this regard funds contributed by a number of member States of the
Organization of Islamic Cooperation as well as the engagement of other Member
States to back the ongoing proceedings,
Noting the publication of the executive summary of the report of the
Independent Commission of Enquiry established by Myanmar in 2018, which,
notwithstanding its limitations, acknowledges that war crimes, serious human rights
violations and violations of domestic law had been committed by multiple actors and
that there were reasonable grounds to believe that members of Myanmar security
forces were involved, and regretting that the full report of the Commission at present
remains unpublished,
Condemning the use of excessive force and violence by the Myanmar military
and affiliated armed forces, including torture and sexual and gender-based violence,
which has led to injuries and fatalities in many cases, against peaceful demonstrators,
as well as members of civil society, women, young people, children, minorities and
others, and expressing its deep concern at undue restrictions to the activities of
medical and humanitarian personnel, all other representatives of civil society, labour
union members, journalists and media workers, and calling for the immediate release
of all those detained arbitrarily, including foreign nationals,
Reiterating its deep concern at the widespread, deliberate, indiscriminate and
excessive use of force by Myanmar security and armed forces across the country,
including abductions, arbitrary detentions, mass killings, torture and maiming, aerial
attacks against and burning of villages and civilian objects, attacks on schools,
hospitals, internally displaced persons camps and places of worship and civilian
gatherings, the unlawful recruitment and use of children and the use of facilities
functioning as hospitals and schools for military purposes and for committing crimes,
as well as reports of violations and abuses of human rights and violations of
international humanitarian law, including those involving the use of landmines,
leading to continued forced displacement and making conditions in Rakhine State and
other parts of the country unsuitable for the voluntary, safe, dignified and sustainable
return of all refugees and forcibly displaced persons, including Rohingya,
Expressing deep concern at the indiscriminate use of violence and ongoing
escalation and expansion of the conflict, as well as the declaration of martial law in
parts of the country, which seriously undermines the enjoyment of human rights in
Myanmar, especially those of women, children and older persons, as well as those of
persons belonging to ethnic and religious minorities, including Rohingya Muslims,
owing to the heavy militarization of Myanmar aggravated by the continued access to
arms from abroad that increases the ability of the Myanmar military to commit serious
violations of international human rights law and international humanitarian law,
including attacks against civilians and civilian objects and seriously undermines the
enjoyment of human rights, especially by Rohingya Muslims and other minorities,
Underlining the urgent need to prevent the laying of additional landmines and
to promote the marking and mapping of newly mined areas, mine clearance, the
clearance of explosive remnants of war and mine-risk education programmes for
civilians, and to prioritize victim assistance and stockpile destruction, including prior
to any movement by internally displaced persons back to contaminated areas,
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