A/HRC/42/CRP.5
III. Mandate and follow up to Human Rights Council resolution
39/2
A.
Interpretation of the mandate
30.
In extending the Mission’s mandate, the Human Rights Council sought to avoid an
investigative gap between the end of the Mission and the operationalization of the
Independent Investigative Mechanism for Myanmar. The mandate given to the Mission by
the Council in its resolution 39/2 therefore includes the extension of its original mandate, as
contained in Council resolution 34/22, 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. Accordingly, the Mission focused on investigating both
alleged human rights violations and abuses perpetrated since the end of its previous
investigation and some previously undocumented historical incidents and patterns of human
rights violations and abuses. This report has been prepared with a view to fulfilling this part
of the Mission’s mandate.
B.
Methodology
31.
The Mission continued to base its factual findings on the “reasonable grounds”
standard of proof (A/HRC/39/64, para. 6). The Mission also continued to employ the same
methodology as it did for its 2018 report,3 unless otherwise indicated.
32.
Between February and June 2019, the Mission conducted 419 interviews with
victims and witnesses, both targeted and randomly selected. It obtained and analysed
satellite imagery, photographs and videos and a range of documents. It cross-checked the
information against secondary information assessed as credible and reliable, including
organizations’ raw data or notes, expert interviews, submissions and open source material.
33.
In this second phase of its work, the Mission took special care to avoid reinterviewing victims and witnesses with a view to avoiding re-traumatisation and
contamination of evidence.
34.
The Experts travelled to Bangladesh, Indonesia, Malaysia and Thailand to interview
victims and witnesses and hold other meetings. The secretariat undertook six additional
field missions between February and June 2019. The Mission held consultations with other
stakeholders, including intergovernmental and non-governmental organizations, researchers
and government officials and diplomats, in person and remotely.
35.
The Mission strictly adhered to the principles of independence, impartiality and
objectivity and to the obligation to “do no harm”. Special attention was paid to the
protection of victims and witnesses, considering their well-founded fear of reprisals,
especially following the publication of the Mission’s previous report.
C.
Legal framework
36.
The Mission assessed facts under international human rights law, international
humanitarian law and international criminal law, as applicable in Myanmar. The Mission’s
2018 report provides a detailed analysis of those bodies of law. This report cross references
and supplements that analysis as needed in its legal findings and conclusions. The Mission
also finds it necessary to set out the obligations that Myanmar has to respect, protect and
fulfil the right to an adequate standard of living, including adequate food and housing, and
right to the highest attainable standard of health as a party to the International Covenant on
Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of the
3
A/HRC/39/CRP.2, paras. 8-32.
9
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