A/HRC/39/64 Tatmadaw, blocked independent investigations (including that of the fact-finding mission), and overseen the destruction of evidence. Through their acts and omissions, the civilian authorities have contributed to the commission of atrocity crimes. 94. Systemic discrimination and crimes under international law were committed during a period of significant international engagement in Myanmar, and while the United Nations was supposed to be implementing its Human Rights Up Front action plan. While Myanmar was repeatedly identified as a crisis situation requiring a human rights-driven response by the “whole of the United Nations”, this approach was rarely, if ever, taken. Rather, many United Nations agencies have continued to prioritize development goals, humanitarian access and quiet diplomacy. That approach has demonstrably failed; and the United Nations as a whole has failed adequately to address human rights concerns in Myanmar. Even now, the approach taken displays few signs of any lessons learned, with human rights missing from agreements recently signed with the Government. While thanking those United Nations entities that have provided it with valuable assistance and information, the mission regrets the lack of cooperation from others. VIII. Accountability I am not a very educated person but I hope the United Nations has the ability to get us justice by making sure that the Government of Myanmar can be questioned about what they did to us. 95. Justice has remained elusive for victims in Myanmar for decades, with the authorities systematically failing to condemn, investigate and prosecute perpetrators. Impunity for gross human rights violations has significantly and demonstrably contributed to the validation of deeply oppressive and discriminatory conduct, enabled recurrence of human rights violations and atrocity crimes, emboldened perpetrators and silenced victims. Unless impunity is addressed, and all ranks within the security forces are held accountable for their past, current and future actions, similar outbreaks of violence and associated atrocity crimes can be expected to continue, with further devastating domestic and regional impact. 96. In the face of the Rakhine crisis, the Myanmar authorities have created ad hoc inquiry commissions and boards. The mission has examined eight such efforts since 2012. None meets the standard of an impartial, independent, effective and thorough human rights investigation. To the mission’s knowledge, none has led to any prosecution for gross human rights violations and redress for victims. The reason is simple: this is not possible in Myanmar. 97. Impunity is deeply entrenched in the State’s political and legal system, effectively placing the Tatmadaw above the law. The Constitution and other laws provide for immunities and place the Tatmadaw beyond civilian oversight. The Tatmadaw can independently adjudicate its own matters, with the Commander-in-Chief having the final word. The rare cases, brought mostly before military courts without transparency, are wholly insufficient to counter the overall trend of impunity. Furthermore, military courts are inadequate forums to deal with large-scale human rights violations perpetrated by the military. Nor are civilian courts the answer; the domestic justice system is not independent and lacks the capacity to respect fair trial standards or to deal with the breadth and gravity of the violations perpetrated by high-level officials, especially crimes under international law. Those who file complaints often face intimidation and reprisals. In short, accountability at the domestic level is currently unattainable. 98. Even though the primary responsibility for investigating and prosecuting crimes under international law lies with the Government of Myanmar, it has demonstrated that it is unable and unwilling. Accountability would require an overhaul of the entire national justice and security sectors. The mission has concluded on reasonable grounds that the Government’s recently-created commission of inquiry will not and cannot provide a real avenue for accountability, even with some international involvement. The impetus for accountability must come from the international community. 18