UN Fact-Finding Mission on Myanmar

UN Fact-Finding Mission on Myanmar
Name	UN Fact-Finding Mission on Myanmar
Established	2017
Dissolved	2019 (mandate ended 31 August 2019)
Parent organization	United Nations Human Rights Council
Headquarters	Geneva
Commissioners	Marzuki Darusman, Yanghee Lee, Chris Sidoti
Jurisdiction	Myanmar
Languages	English language

UN Fact-Finding Mission on Myanmar The UN Fact-Finding Mission on Myanmar was an investigative body appointed by the United Nations Human Rights Council to examine alleged violations in Rakhine State, Kachin, and Rakhine conflict contexts, and to report on accountability options, including potential referrals to the International Criminal Court and International Court of Justice. The Mission produced detailed findings linking actions by Tatmadaw (Myanmar Armed Forces) and other actors to crimes under international law during campaigns that precipitated mass displacement into Bangladesh and affected populations including the Rohingya people.

Background and Mandate

The Mission was established through a resolution debated at the United Nations Human Rights Council in March 2017 following reports by the Office of the United Nations High Commissioner for Human Rights and advocacy from organizations such as Human Rights Watch, Amnesty International, and the International Crisis Group. The mandate charged commissioners to investigate alleged human rights violations since October 2016 in Rakhine State, alleged abuses in Kachin State and Shan State, and to coordinate with domestic mechanisms including Myanmar’s Commission of Inquiry (Myanmar) and regional institutions such as the Association of Southeast Asian Nations. The Mission operated amid international diplomacy involving actors like Bangladesh, United Kingdom, United States Department of State, European Union External Action Service, and representatives from the Organisation of Islamic Cooperation.

Investigations and Findings

The Mission conducted field interviews and reviewed satellite imagery and other evidence to document patterns of violence during operations by the Tatmadaw (Myanmar Armed Forces), including alleged involvement of units linked to commanders previously named in UN Myanmar reports. Findings described systematic and widespread attacks against the Rohingya people that included killings, sexual violence, and the burning of villages, which the Mission characterized as evidencing intent consonant with allegations of crimes against humanity and possible genocide. Reports referenced incidents in townships such as Maungdaw Township, Buthidaung Township, and Sittwe. The Mission also assessed abuses against Kachin people and Shan people in conflict zones linked to counterinsurgency operations and paramilitary groups like the Border Guard Forces and ethnic armed organizations including the Arakan Army and Kachin Independence Army.

Activities and Methodology

The Mission employed methodologies including witness interviews, forensic analysis, chain-of-custody documentation, and geospatial analysis using imagery from providers and UN satellite imagery archives. Investigative teams engaged with international legal frameworks such as the Rome Statute of the International Criminal Court and consulted experts from institutions like the International Bar Association and the International Commission of Jurists. The Mission coordinated with UN entities including the United Nations Office on Drugs and Crime, the UN Department of Peace Operations, and the United Nations Development Programme for technical assistance, while liaising with diplomatic missions from Canada, Norway, Australia, Japan, and France.

Reactions and Impact

The Mission’s reports prompted international responses from bodies such as the UN General Assembly, the UN Security Council, and regional actors including the Organisation of Islamic Cooperation and the European Union. Bangladesh sought international support for Rohingya refugees in Cox's Bazar and engaged with the UNHCR and International Organization for Migration. The Government of Myanmar dismissed portions of the findings, while civil society groups like the Arbitrary Detention Coalition and the Free Rohingya Coalition used the reports in campaigns for accountability. Several states, including Gambia, invoked findings in an interstate application before the International Court of Justice alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide.

Legal and Human Rights Implications

The Mission’s conclusions informed legal actions and policy debates on jurisdictional pathways for accountability, including possible referrals to the International Criminal Court, universal jurisdiction cases in national courts such as those in Argentina, Germany, and Canada, and the aforementioned case at the International Court of Justice brought by The Gambia. The reports referenced obligations under treaties like the Genocide Convention and the International Covenant on Civil and Political Rights, and implicated command responsibility doctrines developed in jurisprudence of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. Human rights institutions including the European Court of Human Rights and regional mechanisms tracked developments related to displacement, statelessness concerns with reference to the 1954 Convention relating to the Status of Stateless Persons and the 1951 Refugee Convention.

Criticism and Controversies

The Mission faced criticism from the Government of Myanmar, some diplomatic missions, and commentators who challenged aspects of methodology, access restrictions to Rakhine State, and perceived politicization by bodies such as the United Nations Human Rights Council. Critics pointed to the absence of on-the-ground access for parts of the mandate, disputes over evidence admissibility highlighted in exchanges with the State Counsellor's Office (Myanmar) and officials like Aung San Suu Kyi. Others raised concerns about coordination with domestic inquiries including Myanmar’s own Independent Commission of Enquiry and the sequencing of international judicial mechanisms, with commentaries from legal scholars at universities such as Harvard University, Oxford University, Yale University, and think tanks including the Council on Foreign Relations and Chatham House.

Category:United Nations investigations