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having regard to its previous resolutions on Myanmar and on the situation of Rohingya people, notably those adopted on 14 June 2018 (1), 14 December 2017 (2), 14 September 2017 (3), 7 July 2016 (4) and 15 December 2016 (5),

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having regard to the statement by the spokesperson of the European External Action Service (EEAS) of 3 September 2018 on the sentencing of Wa Lone and Kyaw Soe Oo in Myanmar and that of 9 July 2018 on the prosecution of two Reuters journalists in Myanmar,

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having regard to the Council conclusions of 16 October 2017 and of 26 February 2018 on Myanmar,

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having regard to Council decisions (CFSP) 2018/655 of 26 April 2018 (6) and (CFSP) 2018/900 of 25 June 2018 (7) imposing further restrictive measures on Myanmar, strengthening the EU’s arms embargo and targeting the Myanmar army and border guard police officials,

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having regard to the report of the Independent International Fact-Finding Mission on Myanmar of the United Nations Human Rights Council of the 24 August 2018, which will be presented at the 39th session of the UN Human Rights Council from 10-28 September 2018,

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having regard to the statement of 3 September 2018 by the UN High Commissioner for Human Rights, Michelle Bachelet,

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having regard to the final report and recommendations of the Kofi Annan-led Advisory Commission on Rakhine State,

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having regard to the International Covenant on Civil and Political Rights of 1966,

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having regard to international humanitarian law, the Geneva Conventions and the Protocols thereto and the Rome Statute of the International Criminal Court (ICC),

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having regard to the Universal Declaration of Human Rights (UDHR) of 1948,

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having regard to the Charter of the Association of South-East Asian Nations (ASEAN),

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having regard to the UN Security Council report of the Secretary-General on conflict-related sexual violence of 23 March 2018,

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having regard to the decision of Pre-Trial Chamber I of the ICC of 6 September 2018,

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having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

A.

whereas on 12 December 2017 two journalists, Wa Lone and Kyaw Soe Oo, were arbitrarily arrested and detained for allegations of reporting serious human rights violations carried out by the Tatmadaw (Myanmar Armed forces) in Rakhine State;

B.

whereas the journalists Wa Lone and Kyaw Soe Oo were subsequently charged under the Official Secrets Acts of 1923; whereas on 3 September 2018 they were sentenced by a court in Myanmar to seven years of imprisonment; whereas this landmark case further undermines freedom of expression, democracy and the rule of law in Myanmar;

C.

whereas diplomats of the European Union and EU Member States have been among the many international observers present at every court hearing since the journalists’ arrest on 12 December 2017 and have continuously raised the matter with the Government of Myanmar;

D.

whereas civil society actors, including journalists, lawyers and human rights defenders who express views critical of the Myanmar authorities, notably the Tatmadaw and other Myanmar security forces and the acts carried out by them in Rakhine State, are reportedly arbitrarily arrested, detained or harassed; whereas media coverage of violence in Rakhine State is tightly controlled by the military and the government;

E.

whereas Rohingya human rights activist Wai Nu, who was imprisoned from the age of 18 until she was 25 years old, remains one of the many examples of activists targeted by the Myanmar authorities;

F.

whereas former child solider Aung Ko Htwe is serving two years and six months in prison in connection with a media interview he gave about his experiences in the Myanmar military; whereas he was charged under Section 505(b) of Myanmar’s Penal Code, a vaguely worded provision which has frequently been used to curtail freedom of expression;

G.

whereas tens of journalists have been reportedly arrested and detained since 2016; whereas the Myanmar authorities use a number of repressive laws, including the Official Secrets Act, to arrest, detain, silence or harass civil society actors, journalists, lawyers and human rights defenders who express views critical of the Government of Myanmar or its security forces; whereas Myanmar ranked 159th out of 198 countries in the Freedom House 2017 Freedom of the Press rankings;

H.

whereas the report of the UN-mandated Independent International Fact-Finding Mission on Myanmar (IIFFMM) of 24 August 2018 concludes that the most serious human rights violations and gravest crimes under international law, including genocide, crimes against humanity and war crimes, were committed in Kachin, Rakhine and Shan States by the Tatmadaw, the Myanmar police force, NaSaKa (previously the Border Area Immigration Control Headquarters), the Myanmar border guard police and non-state armed groups; whereas the report also states that the Arakan Rohingya Salvation Army launched coordinated attacks on a military base and several security force outposts across northern Rakhine State to mount pressure on Rohingya communities; whereas the report further calls for senior military commanders in Myanmar and those responsible for atrocity crimes against Rohingya people to be investigated and prosecuted internationally; whereas Myanmar has rejected these findings;

I.

whereas the IIFFMM report states that Myanmar’s State Counsellor, Nobel Peace Prize and Sakharov Prize laureate Aung San Suu Kyi has failed to use her de facto position as Head of Government or her moral authority to stem or prevent the unfolding events in Rakhine State; whereas the civilian authorities have also contributed to the commission of atrocity crimes through their acts and omissions, specifically by spreading false narratives, denying the Tatmadaw’s wrongdoing, blocking independent investigations and overseeing the destruction of evidence;

J.

whereas on 8 September 2018 the ICC confirmed that the Court may exercise jurisdiction over the alleged deportation of Rohingya people from Myanmar to Bangladesh;

K.

whereas social media platforms have been used in Myanmar to spread smear campaigns and conspiracy theories targeting Rohingya and Muslims in the country;

L.

whereas Rohingya represent the largest percentage of Muslims in Myanmar, with the majority living in Rakhine State; whereas conservative estimates place the death toll at 10 000; whereas since August 2017, more than 700 000 Rohingya people have fled for safety to Bangladesh, of which approximately 500 000 are children, many of whom travelled alone after their parents were killed or after being separated from their families;

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