A/HRC/42/66
evidence and electronic hardware for evidence received from the fact-finding mission and
other entities.
56.
Upon assuming his position on 1 July 2019, the Head of the Mechanism has
consulted with stakeholders in order to hear their concerns and suggestions, to explain his
mandate, and to develop strategies further for the implementation by the Mechanism of its
mandate. One of the key messages that the Head has sought to convey is that the unique
and technical mandate of the Mechanism is to build case files, which differs from the
mandates of the fact-finding mission, the Special Rapporteur on the situation of human
rights in Myanmar and the Special Envoy of the Secretary-General on Myanmar.
V. Conclusions
57.
The Mechanism is at a very early stage of its operations. Many challenges lie
ahead on the its journey towards fulfilling the ambitious mandate conferred upon it
by the Human Rights Council. The experience of courts and tribunals dealing with
international crimes, as well as other comparable international accountability
mechanisms, has shown that such investigations are complex, and that it can take time
for such information, documentation and evidence to be shaped into strong case files
ready for prosecution. Successful investigations require painstaking efforts to locate
and obtain the testimony of individuals with knowledge of the crimes, particularly
those with evidence concerning the planning, preparation or orders that may have led
to crimes, to collect any documentary or forensic evidence that may corroborate
witness accounts, and to gather and evaluate all evidence, both inculpatory and
exculpatory.
58.
The Mechanism is, however, acutely aware that each day that passes without
accountability for international crimes brings concomitant suffering for the hundreds
of thousands of refugees stranded in makeshift refugee camps outside Myanmar, and
hoping and waiting to be able to safely return to their homes, to those displaced from
their homes to other locations within Myanmar, and to the many others who have
themselves been victimized or who have lost family members to international crimes
within the Mechanism’s mandate. The voluntary and sustainable return of refugees to
their home communities in Myanmar is likely to be dependant, to an important
extent, on a process of accountability for those most responsible for the crimes that
uprooted them from their homes. Few are likely to seek to return to a place where
those that perpetrated serious crimes against them, or their families, still reside with
impunity and retain the means or authority to inflict further harm.
59.
The Mechanism is keenly aware of victims’ expectations of its work and the
weight of the responsibility that it has been given to pursue avenues towards justice.
Nonetheless, even when assisted by the brave efforts of victims and witnesses who seek
justice for the serious international crimes committed in Myanmar since 2011, the
efforts of the Mechanism alone will not be sufficient. States in the region should
cooperate with the Mechanism, in order to maximize its effectiveness, and the
international community as a whole should affirm its enduring commitment to
seeking accountability for the most serious international crimes and violations of
international law committed in Myanmar since 2011.
60.
Continued impunity for such crimes is only likely to lead to further violence
and suffering, and accompanying risks to peace and security in the region and
beyond. The prospects for a peaceful and prosperous future for the people of
Myanmar, where all its peoples share the benefit of development and its bountiful
resources, depend on the clear demonstration that such crimes will not be tolerated.
The Mechanism looks forward to its ongoing engagement with the Human Rights
Council towards that end.
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