A/HRC/39/64
I. Introduction
1.
In its resolution 34/22, the Human Rights Council established the independent
international fact-finding mission on Myanmar. The President of the Council appointed
Marzuki Darusman (Indonesia) as chair, 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).
2.
The mission presented an oral update to the Human Rights Council at its thirty-sixth
session, and an oral interim report at its thirty-seventh session; it also delivered a video
statement to the Council at its twenty-seventh special session, on 5 December 2017. The
mission submits the present report to the Council pursuant to its decision 36/115.1
3.
The mission regrets the lack of cooperation from the Government of Myanmar,
despite the appeals made by the Human Rights Council and the mission. The mission
addressed a letter to the Government on 4 September and 17 November 2017 and 29
January 2018 to request in-country access. It forwarded a detailed list of questions on 27
March 2018. Although the mission had limited informal contact with government
representatives, it received no official response to its letters. The mission shared the present
report with the Government prior to its public release. No response was received.
II. Mandate and methodology
A.
Mandate
4.
In its resolution 34/22, the Human Rights Council 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, with a view to
ensuring full accountability for perpetrators and justice for victims.
5.
The mission focused on the situation in Kachin, Rakhine and Shan States since 2011,
namely, since 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. These events were
turning points, generating renewed allegations of serious human rights violations and
abuses. The mission selected several significant incidents for in-depth fact-finding,
allowing detailed findings on specific allegations of violations and abuses, while revealing
broader patterns of conduct. Serious allegations have also arisen in other contexts, meriting
further investigation.
B.
Methodology
6.
Factual findings are based on the “reasonable grounds” standard of proof. This
standard was met when a sufficient and reliable body of primary information, consistent
with other information, would allow an ordinarily prudent person to reasonably conclude
that an incident or pattern of conduct occurred.
7.
The mission amassed a vast amount of primary information. It conducted 875 indepth interviews with victims and eyewitnesses, both targeted and randomly selected. It
obtained satellite imagery and authenticated a range of documents, photographs and videos.
It checked this information against secondary information assessed as credible and reliable,
including the raw data or notes of organizations, expert interviews, submissions and opensource material. Specialized advice was sought on sexual and gender-based violence, child
psychology, military affairs and forensics. The mission relied only on verified and
corroborated information.
1
The findings and recommendations of the commission are detailed in document A/HRC/39/CRP.2.
3