A/HRC/45/60 I. Introduction 1. In its resolution 39/2, the Human Rights Council decided to establish an independent mechanism 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 those crimes, in accordance with international law. The terms of reference of the Independent Investigative Mechanism for Myanmar were attached as an annex to letters dated 16 January 2019 from the Secretary-General addressed to the President of the General Assembly (A/73/716) and to the President of the Human Rights Council. 2. In a letter dated 27 August 2019 to the President of the Human Rights Council, the Secretary-General deemed the Mechanism operational as at 30 August 2019. 3. In its resolution 42/3, the Council welcomed the Mechanism’s entry into operation and called for close cooperation between the Mechanism and any ongoing or future investigations pertaining to serious international crimes and violations of international law in Myanmar by national, regional or international courts or tribunals. 4. In the same resolution, the Council also called upon the United Nations to ensure that the Mechanism was afforded the necessary support and resources it needed in terms of staffing, location and operational freedom so it could deliver as effectively as possible on its mandate, and urged Member States in the region to cooperate with the Mechanism, to grant it access and to provide it with every assistance in the execution of its mandate. 5. On 15 November 2019, the Deputy Head of the Mechanism, Kaoru Okuizumi (Japan), officially commenced her functions. 6. Welcoming the operationalization of the Mechanism and the appointment of its Head, the General Assembly, in resolution 74/246, urged the Mechanism to swiftly advance its work and to ensure the effective use of evidence of the most serious international crimes and violations of international law collected by the independent international fact-finding mission on Myanmar. In the same resolution, the Assembly also expressed grave concern about the increasing restrictions on humanitarian access, in particular in Rakhine State, and urged the Government of Myanmar to cooperate fully with and to grant full, unrestricted and unmonitored access to all United Nations mandate holders and human rights mechanisms, including the Mechanism. 7. In its resolution 74/246, the General Assembly also called upon the United Nations to ensure that the Mechanism was afforded the flexibility that it needed in terms of staffing, location and operational freedom so it could deliver as effectively as possible on its mandate. 8. In its resolution 43/26, the Council called for the Mechanism to continue to discharge its mandate, making use of the information collected by the independent international fact-finding mission and other credible sources, and for close and timely cooperation between the Mechanism and any future investigations by national, regional or international courts or tribunals, including by the International Criminal Court or the International Court of Justice. 9. In the first quarter of 2020, the emergence of the coronavirus disease (COVID-19) pandemic threatened the health, safety, travel and general movement of persons around the world. Although the pandemic has affected its work, the Mechanism has been able to continue with the implementation of its mandate with some adjustments. This will be further elaborated upon below. 10. While it remains unclear how the Mechanism’s work may be affected during the remainder of 2020 and 2021 by the pandemic, in particular with regard to travel restrictions, the Mechanism will continue to build on the momentum it has garnered since it became operational. It will strive to adapt to any new developments and continue to implement its mandate, while ensuring its ongoing commitment to maintaining the necessary protections for its confidential and sensitive work at all times. 3