Restore NHRC’s functionality

For years, the National Human Rights Commission (NHRC) has remained ineffective and powerless, issuing muted statements in response to even the worst human rights violations in the country. With the promulgation of the National Human Rights Commission Ordinance in 2025, there was hope that the new commission would be much more powerful, and bring the state and its security forces to account. That hope became uncertain when the ordinance was repealed and the faulty National Human Rights Commission Act, 2009 was reinstated during the first session of the 13th parliament. This move by the BNP government not only made the commission defunct—with the commissioners appointed under the ordinance during the interim government’s tenure now unofficially dismissed—but also raised concerns about the possibility of investigations of human rights violations by state agencies themselves. As pointed out by the United Nations Special Rapporteur on Torture, Dr Alice Edwards, in an interview with The Daily Star, under this law, the NHRC cannot “investigate disciplined forces.” As a result, state-sanctioned human rights abuses could continue to occur with impunity.

It is largely because of such constraints that the NHRC has never earned the UN-accredited Global Alliance of National Human Rights Institutions A-status, unlike some of our neighbours. It has consistently failed in terms of displaying political, operational, and financial independence. When the government can influence the selection process of its commissioners, as is the case under the existing 2009 act, institutional independence is inevitably compromised. Revival of the old law thus enhances the risk of partisan appointments. Besides, the 2025 ordinance ensured full financial autonomy for the organisation. Without this, effective functioning in terms of both investigation and compensation becomes difficult, as experienced by past commissions.

The government justified the repeal and reinstatement saying there were flaws in the 2025 ordinance. But it has failed to answer why the ordinance could not be amended and improved instead of being repealed and replaced by a weaker, older law. The law minister, in an interview with this daily last month, said that a new law would be enacted after further scrutiny and verification. Alice Edwards also mentioned similar commitments she had received from the government. However, what remains uncertain is whether a future human rights commission law or an amendment to the 2009 act will ensure full operational and financial independence of the NHRC. Our concerns mirror those of the special rapporteur. The uncertainty surrounding legislation also raises concerns about accountability for any abuses committed during this legal vacuum.

The NHRC was non-functional for 15 months after the fall of the Awami League regime in 2024, as political appointees of the time left their posts. The interim government appointed five commissioners on February 5, 2026. But in less than three months, they too had to leave, although without official notice. In the meantime, according to a Human Rights Support Society report, there have been 39 custodial deaths in the first three months of this year. A defunct NHRC cannot investigate these or any other human rights abuses. Therefore, we urge the government to quickly present a law ensuring the NHRC’s independence and restoring its functionality.