Five members of the National Human Rights Commission (NHRC) resigned today (13 April), citing concerns that the reinstatement of the NHRC Act 2009, will undermine the body's independence and put victims of rights abuses at risk.

In an open letter announcing their decision, the outgoing commissioners, Justice Moyeenul Islam Chowdhury, Nur Khan, Ilira Dewan, Prof Md Shariful Islam and Nabila Idris, warned that the revised legal framework would allow government forces to investigate allegations against themselves.

They said this creates a serious conflict of interest, particularly in cases related to enforced disappearances and the July Uprising.

"The fate of the youth who took to the streets will be decided by the very people they stood against," the letter said, cautioning that participants in the uprising from across political lines could face risks in the future.

The commissioners alleged that the repeal of three key ordinances was aimed at curtailing the commission's independence.

They also challenged what they described as "misinformation" presented in parliament to justify the repeal.

According to the letter, lawmakers claimed that the July Uprising (Protection and Liability Determination) Ordinance, 2026 ensured protections for participants. 

However, the commissioners said the ordinance distinguishes between deaths occurring during political resistance, which would be protected, and killings carried out under the cover of unrest, which would be subject to prosecution.

They noted that, to avoid conflicts, the NHRC had been tasked with determining the nature of such deaths through independent investigations, but under the reinstated 2009 law, the commission cannot investigate allegations against security forces, leaving such inquiries to the same authorities involved in the events.

The commissioners also rejected the government's position that the International Crimes Tribunal (ICT) Act is sufficient to address these issues.

"The ICT can only adjudicate mass disappearances as crimes against humanity and cannot address isolated cases," the letter stated, adding that new cases of enforced disappearance are no longer defined as criminal offences under the current legal framework as of Saturday (11 April).

They further pointed out that under the 2009 Act, the NHRC operates under the Ministry of Law and requires prior government approval to investigate security personnel.

"If a government institution is accused, an investigation subject to that same government's permission is meaningless," the letter said.

The outgoing members also criticised the restructured selection committee, warning it could lead to renewed politicisation of appointments.

While the government has indicated plans to introduce a stronger law after further review, the commissioners expressed scepticism, noting that the 2025 ordinances were drafted following consultations with more than 600 stakeholders.

Their resignations come days after parliament repealed the NHRC ordinance introduced during the interim government's tenure and reinstated the 2009 law originally enacted under the Awami League government.