Report of the independent international fact-finding mission on Myanmar (A/HRC/42/50) [EN/MY]

Report
from UN Human Rights Council
Published on 08 Aug 2019 View Original
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Human Rights Council
Forty-second session
9–27 September 2019
Agenda item 4
Human rights situations that require the Council’s attention

Summary

The present report, submitted to the Human Rights Council pursuant to Council resolution 39/2, contains the findings of the independent international fact-finding mission on Myanmar since its previous report (A/HRC/39/64). The mission provides an overview of its activities and the consolidation of its findings with a view to its handover to the Independent Investigative Mechanism for Myanmar. It details its findings on conflict-related human rights developments in Rakhine, Chin, Shan and Kachin States, and also provides an update on the situation of the Rohingya. The mission concludes the report with its assessment of the situation of impunity and accountability, and a road map and recommendations for the way forward beyond the mandate of the mission.

I. Introduction

  1. The present report is submitted pursuant to Human Rights Council resolution 39/2, in which the Council extended the mandate of the independent international fact-finding mission on Myanmar until the new Independent Investigative Mechanism for Myanmar is established and becomes operational. The Council requested the mission to present its final report on its activities to the Council at its forty-second session. The present report focuses on the mission’s activities since September 2018, including consolidated findings from its previous report to the Council (A/HRC/39/64), and new findings on developments in the situation of human rights in the country.

  2. In view of its commitment to justice for victims and its handover to the Independent Investigative Mechanism for Myanmar, the mission presents a number of options for the way forward in the pursuit of accountability for gross violations of human rights and serious violations of international humanitarian law. The mission will also submit further detailed findings and recommendations on the situation in Myanmar to the Council at its present session in the form of four conference room papers.

  3. The mission comprised three experts: Marzuki Darusman (Indonesia, chair), Radhika Coomaraswamy (Sri Lanka) and Christopher Sidoti (Australia).

  4. The mission regrets the continuing lack of cooperation from the Government of Myanmar, despite the numerous appeals made by the Human Rights Council and the mission. During the reporting period, the mission requested country access on 12 February 2019. It sent a detailed list of questions pertaining to the mandate of the mission on 28 March 2019. The mission received no official response to either communication. The present report was shared with the Government prior to its public release. No response has been received.