The Mechanism requires the agreement and cooperation of relevant UN Member States to have full access within their territories to the witnesses, information, documents and evidence necessary to conduct its investigations.
The Mechanism therefore engages with governments at various levels to understand any concerns or sensitivities, and increase their understanding of its mandate, the nature of its activities on their territories, and the importance of their cooperation to enable its work.
Civil Society Organizations (CSOs)
CSOs working in Myanmar are often first at the crime scenes and frequently provide support to those most affected. They are crucial sources of information and evidence and play a vital role in connecting the Mechanism to witnesses.
The Mechanism engages regularly with CSOs in and outside of Myanmar and holds in-person Civil Society Dialogues which bring CSO representatives and Mechanism personnel together to discuss key issues, build mutual trust and understanding, and deepen cooperation.
Courts and tribunals
As the Mechanism cannot prosecute or hold trials, it works with relevant investigative, prosecutorial and judicial bodies to pursue justice for victims and hold perpetrators accountable for serious international crimes. Its role is to share information and case files with national, regional or international tribunals or courts that have jurisdiction over these crimes and meet international law standards.
With the consent of those who provided information, the Mechanism is currently sharing evidence and analysis in relation to serious international crimes against the Rohingya with the Office of the Prosecutor of the International Criminal Court; the parties to The Gambia v. Myanmar case at the International Court of Justice; and prosecutors investigating the universal jurisdiction case in Argentina.
In April 2023 (resolution 52/31), the Human Rights Council urged United Nations’ bodies to cooperate with the Mechanism and called on the United Nations High Commissioner for Human Rights and the Special Rapporteur on the situation of human rights in Myanmar, where possible, to share evidence with the Mechanism to support future prosecutions.
The Mechanism has regular contact with UN entities working on Myanmar, including the Office of the High Commissioner for Human Rights, the Special Rapporteur on the situation of human rights in Myanmar, and others. Although the Mechanism is part of the UN, information shared with one UN entity is not automatically shared with the Mechanism.