"Advance unedited version Distr.: General 28 June 2023 Original: English Human Rights Council Fifty-third session 19 June–14 July 2023 Agenda items 2 and 4 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Human rights situations that require the Council’s attention Situation of human rights in Myanmar since 1 February 2021 Report of the United Nations High Commissioner for Human Rights* Summary The present report, prepared pursuant to Human Rights Council resolution A/HRC/49/23, identifies trends and patterns of human rights violations in Myanmar between 1 February 2021 and 30 April 2023 with a focus on the human rights impact of the denial of humanitarian access. The report analyzes actions by all duty-bearers and finds that the Myanmar military is most responsible for the negative impact on the enjoyment of human rights and on delivery of humanitarian action. The report documents that the military has established an all-encompassing system of control based on instrumentalization of the legal and administrative spheres in Myanmar. Urgent and concrete steps are needed to ensure essential needs of all people are met, including food and healthcare, and to respect, protect and fulfil peoples’ fundamental rights. This report concludes with recommendations to all parties, including the military authorities, the National Unity Government’, and the international community. The present report was submitted after the deadline in order to reflect the most recent developments. I. Introduction and methodology In resolution A/HRC/49/23, the Human Rights Council requested the United Nations High Commissioner for Human Rights to monitor and assess the overall situation of human rights in Myanmar, with a particular focus on accountability regarding alleged violations of international human rights law and international humanitarian law and to make recommendations on additional steps necessary to address the current crisis and to present a written update at its 53rd session. This report presents findings from monitoring and documentation activities conducted remotely by the Office of the High Commissioner for Human Rights (OHCHR) between 1 February 2021 and 30 April 2023, examining trends and patterns in violations of international human rights law and, where applicable, of international humanitarian and criminal law. Paramount among these violations are the Myanmar military’s targeting of civilians, including by restricting access to humanitarian assistance for communities impacted by violence, armed conflict, and systematic discrimination against Rohingya, other minorities and perceived opponents of the regime. As denial of humanitarian access results in loss of civilian lives during violence and conflicts, as well as in long-term human rights consequences such as food insecurity and lack of medical assistance, this report is based on a holistic approach to civilian protection involving both immediate and direct harm from violence and conflicts, and medium- to long-term negative impacts on the ability of people to exercise their fundamental rights. Further affirming the critical importance of strengthening civilian protection and guarantees for meaningful humanitarian access, the United Nations Security Council in its resolution S/RES/2669(2022) of December 2022 on the situation in Myanmar reiterated “the necessity for full, safe and unhindered humanitarian access” while underlying “the need for scaled up humanitarian assistance to all people in need in Myanmar and to ensure the full protection, safety and security of humanitarian and medical personnel”. Furthermore, to address its concerns at the deteriorating humanitarian situation as compounded by increasingly challenging humanitarian access and attacks on humanitarian personnel, the Human Rights Council called on the military to exercise utmost restraint and ensure full protection of human rights of all persons in Myanmar. Similarly, the Association of South-East Asian Nations (ASEAN) repeatedly called on Myanmar authorities to implement the Five-Point Consensus, cease violence, and ensure safe and timely delivery of humanitarian assistance. However, confirming findings from previous reports, the military has shown complete disregard for these attempts at addressing the human rights, humanitarian, and political crises flowing from the coup of February 2021 and the subsequent violent suppression of opposing voices. Additionally, the centrality of protection of human rights as a key priority in humanitarian action is highlighted in several key UN policy documents. These include the Secretary-General’s Call to Action for Human Rights and his Common Agenda which reiterated that the achievement of the goals of justice, peace, prevention, equality, and leaving no one behind are grounded in a system that has at its core the protection and promotion of human rights To ensure wide collection of data and verified information and support the participation and representation of different actors, OHCHR strived to engage as many interlocutors as feasible. It collected testimonies and information from primary sources, including victims and witnesses, and verifiable secondary sources – all of which underwent credibility assessment in accordance with OHCHR’s standard methodology. A total of 53 interviews with primary sources were conducted along with 43 formal consultations with partners and organizations through secure communication platforms. Moreover, OHCHR sought to gather information and data through the United Nations system and its existing mechanisms. It also submitted questionnaires to the Myanmar military, the National Unity Government, ethnic armed organizations, and relevant private companies. Throughout the documentation process, interlocutors consistently raised protection concerns confirming that fear of retaliation by the military for the peaceful exercise of fundamental rights permeates every aspect of life within and outside Myanmar. Widespread and systematic violations perpetrated by the military have created an environment where both Myanmar’s people and representatives of international organizations believe they are at risk of becoming targets for expressing opinions opposing military rule, sharing information, assisting people in need, and operating without military-issued authorizations, among others. For these reasons, and in full respect of the “do no harm” principle, this report does not present details that may lead to the identification of interlocutors, unless expressly authorized. Similarly, whenever necessary, geographical references are limited to the states and regions of Myanmar as identification of townships may result in retaliatory acts against individuals concerned. National and international interlocutors nonetheless provided a wealth of knowledge and information, although on numerous occasions cautioned OHCHR from publicly using them to avoid further military reprisals. Similarly, this sense of fear also extended to areas under the control of other duty-bearers from which only anecdotal information was received, not meeting the necessary standards for verification and inclusion in the report. Additional documentation efforts on denial of humanitarian access in areas outside military control are therefore necessary. The complexity of Myanmar’s humanitarian environment is characterized by the multiple needs of diverse communities in the various States and Regions, and the presence of multiple types of actors inside and outside Myanmar. For each individual situation and actor, there are different levels of access, challenges, and concerns. Rather than focusing on localized specificities, the report seeks to support accountability efforts by analysing broader patterns of actions and omissions by duty-bearers affecting the rights of people-in-need of life-saving assistance and essential services..."