A/HRC/39/CRP.2
I. Introduction
1.
The Independent International Fact-Finding Mission on Myanmar (hereinafter “the
Mission”) was established by Human Rights Council resolution 34/22, adopted on 24 March
2017. The President of the Council appointed Marzuki Darusman (Indonesia) as chairperson
and Radhika Coomaraswamy (Sri Lanka) and Christopher Sidoti (Australia) as members. A
secretariat was recruited by the Office of the United Nations High Commissioner for Human
Rights (OHCHR). The core team was composed of a coordinator, fact-finding team leader
and five human rights officers, legal adviser/reporting officer, military adviser, sexual and
gender-based violence adviser, security officer, two language assistants and administrative
support.
2.
The Mission presented an oral update at the Human Rights Council’s thirty-sixth
session (19 September 2017) and an oral interim report at the thirty-seventh session
(12 March 2018), and delivered a video statement at the twenty-seventh special session of
the Council (5 December 2017). In its decision 36/115, the Council requested the Mission to
submit its final report at its thirty-ninth session. The main findings and recommendations of
the Mission are contained in document A/HRC/39/64. A/HRC/39/CRP.2 contains the full
factual and legal analysis, with supporting information, underpinning document
A/HRC/39/64. It also includes recommendations directed more broadly than the
accountability recommendations in that document.
3.
The Mission deeply regrets the lack of cooperation from the Government of Myanmar,
despite repeated appeals from the Human Rights Council and the Mission. The Mission
requested in-country access through letters of 4 September 2017, 17 November 2017 and 29
January 2018. It sent a detailed list of questions on 27 March 2018. Each time its members
travelled to Geneva, the Mission requested a meeting with the Permanent Mission of the
Republic of the Union of Myanmar to the United Nations and Other International
Organizations in Geneva, Switzerland. The Mission had some limited informal contact with
Government representatives but received no official response to its letters requesting formal
meetings, in-country access or information. The Mission’s draft main findings and
recommendations were shared with the Government prior to their submission and public
release, providing an opportunity to comment or make factual corrections. No response was
received. The Mission’s letters to the Government are in annex 2.
II. Mandate, methodology and legal framework
A.
Mandate
4.
Resolution 34/22 mandated the Mission “to establish the facts and circumstances of
the alleged recent human rights violations by military and security forces, and abuses, in
Myanmar, in particular in Rakhine State, including but not limited to arbitrary detention,
torture and inhuman treatment, rape and other forms of sexual violence, extrajudicial,
summary or arbitrary killings, enforced disappearances, forced displacement and unlawful
destruction of property, with a view to ensuring full accountability for perpetrators and justice
for victims”.
5.
In the interpretation of this mandate, the Mission considered the resumption of
hostilities in Kachin State and escalation in Shan State in 2011 and the outbreak of major
violence in Rakhine State in 2012 as key recent turning points that generated renewed
violence and further allegations of serious human rights violations and abuses. The Mission
therefore determined that focusing on the situation in Kachin, Rakhine and Shan States since
2011 would allow it to fulfil its mandate in a contextualised manner. The Mission selected
several significant incidents for in-depth fact-finding, aiming to make findings on specific
allegations of human rights violations and abuses while revealing broader patterns of
conduct.
6.
The Mission considered that the types of violations and abuses listed in the Council
resolution were illustrative, and that it was mandated to consider the full range of violations
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