Positive step towards Reparations for victims and survivors from Myanmar made at the UN Human Rights Council 

Positive step towards Reparations for victims and survivors from Myanmar made at the UN Human Rights Council 

Cox’s Bazar, 4 July 2025

Myanmar’s ethnic and religious minorities’ expectations regarding justice have been heard at the 59th session of the Human Rights Council (HRC).

For the first time, the HRC in its resolution on human rights of Rohingya and other minorities in Myanmar, explicitly called upon Myanmar to ensure “reparations” for the victims and survivors of the past and ongoing grave human rights violations and atrocity crimes committed at the hands of the Myanmar military.

The resolution now emphasises that victims must be afforded “justice, truth, reparations, and guarantees for non-repetition” as part of the accountability processes, including before the International Court of Justice (ICJ) and International Criminal Court (ICC). Further, the resolution endorses full implementation of the recommendations of the Advisory Commission on Rakhine State including on “reparations for appropriated land.” In 2017, the commission led by former UN Secretary General Kofi Annan recommended that Myanmar provide compensation or restitution for land that was appropriated, especially where displacements occurred due to conflict or state actions.

These changes adopted in the resolution will ensure that future discussions on sustainable return of refugees particularly the Rohingya, and future support for transitional justice processes in Myanmar, integrates the right to reparation. This aligns with the international standards aimed at ensuring full and effective redress for victims and survivors of grave human rights violations.

The newly introduced language strengthens the past resolutions’ generic preambular mention of “State responsibility” to provide restitution, compensation, rehabilitation, and satisfaction; now framing a specific call for action to ensure reparations.

On behalf of the more than 400 Rohingya victims and survivors whom LAW represents in the ongoing international justice processes, and the network of “Survivor Advocates” in Cox’s Bazar whom we work with, we welcome this focus on reparations from the HRC. We acknowledge with appreciation the Organization of Islamic Cooperation’s (OIC) leadership in tabling the draft that strives to bring survivors’ priorities at the forefront. Myanmar refugees in the region are too often silenced and today, HRC has taken a step towards engaging with their perception of justice and their desire to rebuild their lives.

What’s next?

In light of the upcoming UN General Assembly Third Committee’s resolution on Rohingya and other minorities in Myanmar, we urge the penholders and member states to align with victims and survivors’ priorities and emphasize the need for reparations.

For the UN resolutions to bring real tangible change, reparations for victims and survivors must now be supported through all possible avenues. In line with the recommendations of the U.N Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence in his 2023 report, Member States which are in a position to support, influence and cooperate, or with access to assets of persons or entities involved in human rights violations should consider financially supporting the reparations through appropriated funds or voluntary contributions, without diluting the primary responsibility of Myanmar as the primary duty bearer. Establishment of a victims’ trust fund must be considered in this regard to channel the potential sources of financing for the benefit of survivors, victims’ families and affected communities.

Moreover, guided by the priorities expressed by victims and survivors, specialized health and psychosocial services for rehabilitation of survivors of conflict-related sexual violence and child survivors must be recognized as an imperative and urgent reparative measure alongside the access to non-discriminatory citizenship, original land, security, livelihoods, and essential services upon return to Myanmar.

Working closely with Rohingya survivors in Cox’s Bazar and the Chin, Karenni, Burmese, and cross-ethnic women-led civil society organizations, LAW has witnessed firsthand the critical role of survivor-centred approach. Without ensuring the voices and the needs of the survivors are defining the course of action, there will be no meaningful justice and accountability. LAW and its partners stand ready to continue their work until our clients can achieve justice and finally focus on their future.

Further information on LAW’s Trust Fund Initiative

The Myanmar junta’s decades-long unwillingness and inability to fulfil its victims and survivors’ right to reparations under international law, coupled with the intensification of grave human rights violations and international crimes, as well as the humanitarian crisis since the 2021 military coup, necessitates an urgent look towards innovative financing approaches for reparative measures, to address the causes and consequences of the violations suffered.

With this background, the need for a trust fund was clearly identified last year during the 79th session of the UN General Assembly, when Legal Action Worldwide (LAW), convened a roundtable on the sidelines of the session, which brought together government officials, victims and survivors, the UN, legal practitioners, INGOs, and members of civil society to discuss how to urgently facilitate reparative measures for victims and survivors in the Myanmar context.

To read more about LAW’s trust fund initiative, please see the full summary of the roundtable discussion hosted by LAW in September 2024, here.  

About LAW

LAW is an independent, non-profit organisation of human rights lawyers and jurists working in fragile and conflict-affected areas. LAW provides legal aid to victims and communities that have suffered human rights violations and abuses in Africa, the Middle East, and South Asia. LAW’s work on Myanmar is funded by Canada and European Union.