A/HRC/39/64 8. To collect information, the members of the mission travelled to Bangladesh, Indonesia, Malaysia, Thailand and the United Kingdom of Great Britain and Northern Ireland. The secretariat undertook numerous additional field missions between September 2017 and July 2018. The mission also held over 250 consultations with other stakeholders, including intergovernmental and non-governmental organizations, researchers and diplomats, either in person and remotely. It received written submissions, including some in response to a public call. 9. The mission strictly adhered to the principles of independence, impartiality and objectivity. It sought consent from sources on the use of information, ensuring confidentiality as appropriate. Specific attention was paid to the protection of victims and witnesses, considering their well-founded fear of reprisals. The mission expresses its grave concern at the intimidation and threats faced by persons cooperating with the mechanisms of the Human Rights Council examining the situation in Myanmar. It urges Myanmar to protect human rights defenders. C. Legal framework 10. The mission assessed facts in the light of international human rights law, international humanitarian law and international criminal law, as applicable in Myanmar. In addition to non-international armed conflicts in Kachin and Shan States, the mission considered that the violence in Rakhine State between the Arakan Rohingya Salvation Army (ARSA) and the Myanmar security forces constituted a non-international armed conflict, at least since 25 August 2017.2 III. Context 11. A succession of military regimes have ruled Myanmar since 1962. In 2008, a new Constitution was adopted, designed by the military to retain its dominant role in politics and governance. It instituted a system of government with military and civilian components. The Tatmadaw (armed forces) appoints 25 per cent of seats in both legislative bodies, and selects candidates for three key ministerial posts (Defence, Border Affairs and Home Affairs), and at least one of two Vice-Presidents. This is sufficient to control the National Defence and Security Council and the entire security apparatus, and to block constitutional amendments. The Tatmadaw has the right to administer and adjudicate its affairs independently, without civilian oversight. Current or former military officers occupy positions of authority across all branches of government, within the civil service and the judiciary, and in many State-owned enterprises. In 2010, the Government led by Thein Sein embarked on wide-ranging reforms towards political and economic liberalization, without amending the Constitution. The National League for Democracy won the election held in November 2015, and a Government led by that party took office on 31 March 2016. Sanctions were lifted and foreign investment welcomed. 12. In addition to the Bamar, Myanmar includes other ethnic groups that constitute 32 per cent of the estimated population.3 Since independence, the numerous ethnically-based armed conflicts have been used by the Tatmadaw to justify its power, presenting itself as the guarantor of national unity. Several groups hold deep-rooted grievances, struggling for greater autonomy and an equitable sharing of natural resources. While Governments have made overtures towards negotiated peace agreements, hostilities have continued. These conflicts indicate that the nation-building efforts of the military have failed: there is no unifying “Myanmar” national identity, and resentment against Bamar-Buddhist domination has only grown. Notably, under military rule, the concept of “national races” has gradually 2 3 4 Assessment in line with that of the International Committee of the Red Cross (ICRC). See for example, ICRC, “Rakhine: Returns must be safe, dignified and voluntary”, speech by the ICRC President at the Shangri-La Dialogue, Singapore, 2 June 2018. See 2014 Population and Housing Census of Myanmar (available from http://myanmar.unfpa.org/en/publications/2014-population-and-housing-census-myanmar-data-sheet).