A/HRC/42/66
of the challenges it faces in becoming fully functional. In this regard, it emphasizes the
importance of cooperation with and the continued support of the international community,
and looks forward to ongoing engagement with the Human Rights Council and the
international community to that end.
I. Introduction
1.
The first report of the Independent Investigative Mechanism for Myanmar on the
progress of its work since the Head of the Mechanism officially commenced his functions
on 1 July 2019 is hereby submitted to the Human Rights Council.
2.
In its resolution 39/2 on the situation of human rights of Rohingya Muslims and
other minorities in Myanmar, adopted on 27 September 2018, the Human Rights Council
established the Independent Investigative Mechanism for Myanmar with the mandate to
collect, consolidate, preserve and analyse evidence of the most serious international crimes
and violations of international law committed in Myanmar since 2011, and to prepare files
in order to facilitate and expedite fair and independent criminal proceedings, in accordance
with international law standards, in national, regional or international courts or tribunals
that have or may in the future have jurisdiction over these crimes, in accordance with
international law.
3.
The Human Rights Council also decided that the Mechanism would be able to make
use of the information collected by the independent international fact-finding mission,
established by the Council in its resolution 34/22, and continue to collect evidence; have the
capacity to document and verify relevant information and evidence, including through field
engagement and by cooperating with other entities, as appropriate; and report on its main
activities on an annual basis to the Human Rights Council as of its forty-second session and
to the General Assembly as of its seventy-fourth session.
4.
In its resolution 73/264, the General Assembly welcomed the creation of the
Mechanism and called for its expeditious entry into operation and steps to secure its
effective functioning as soon as possible.
5.
In letters dated 16 January 2019 addressed to the President of the General Assembly
(A/73/716) and to the President of the Human Rights Council, the Secretary-General set out
the terms of reference of the Mechanism.
6.
On 2 April 2019, the Secretary-General announced the appointment of Nicholas
Koumjian (United States of America) as the Head of the Mechanism, who officially
commenced his functions on 1 July 2019. At the time of writing, the recruitment process for
the position of Deputy Head of the Mechanism was ongoing and at an advanced stage.
7.
Pursuant to paragraph 42 of the terms of reference, the Secretary-General
determined that the seat of the Mechanism would be located in Geneva, and informed the
President of the Human Rights Council accordingly in a letter dated 7 June 2019.
II. Mandate and priorities of the Mechanism
8.
The mandate of the Mechanism is set out in Human Rights Council resolution 39/2
and further elaborated in its terms of reference. As part of the initial start-up phase, the
Head of the Mechanism, since his appointment, has worked towards developing a broad
strategy and concept of operations for the Mechanism with the assistance of the Secretariat,
including the Office of the United Nations High Commissioner for Human Rights
(OHCHR), the Office of Legal Affairs and the Department of Political and Peacebuilding
Affairs. The broad strategy will include the identification of priorities for the Mechanism,
and the mapping out of the steps necessary to implement the strategy.
9.
The Mechanism also anticipates that its substantive strategies willevolve flexibly
over time in response to both developments in investigations and the operational realities of
events on the ground. Adjustments of the Mechanism’s strategy may become necessary in
order to respond to the needs of national, regional or international prosecutorial or judicial
authorities seeking assistance with cases that fall within the mandate of the Mechanism.
2
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents