NHRC in limbo as govt faces criticism over appointment of chairman

The country recently witnessed one of its largest uprisings since independence, fueled by the collective aspiration for an inclusive and just society. Central to this vision is the National Human Rights Commission (NHRC), envisioned as a critical tool for holding governments accountable in safeguarding human rights. However, the interim government's apparent indifference towards effectively utilizing the NHRC has sparked widespread concern.

In a significant development, all NHRC members, including Chairman Dr. Kamal Uddin Ahmed, resigned three months into the interim government’s tenure. This move has left the commission in a state of uncertainty. Sebastin Rema, NHRC Secretary, is currently acting as Chairman to oversee administrative duties, confirmed Farhana Syead, Deputy Director and Personal Secretary to the Chairman (Additional Charge). Meanwhile, human rights activists and NHRC secretariat staff remain in the dark about the commission's future leadership.

The NHRC was established on December 9, 2007, by the caretaker government under the National Human Rights Commission Ordinance. The ordinance was replaced by the National Human Rights Commission Act in 2009, reconstituting the body as a national advocacy institution for human rights promotion and protection.

Late Justice Amirul Kabir Chowdhury, the first chairman under the ordinance, played a key role in formulating the NHRC Act. However, his name is excluded from the official website as he was not appointed under the act.

Following the act's enactment, Professor Dr. Mizanur Rahman became the first chairman (2010–2016), serving two terms. He was succeeded by bureaucrats Kazi Reazul Hoque (2016–2019), Nasima Begum (2019–2022), and Dr. Kamal Uddin Ahmed (2022–2024), signaling a shift in the government’s strategy to appoint former civil servants rather than human rights activists or legal professionals.

While the appointment of bureaucrats has drawn criticism from rights activists, some argue that their administrative expertise has benefited the commission.

Justice Amirul Kabir Chowdhury helped shape the NHRC Act, laying the foundation for its legal framework.

Dr. Mizanur Rahman was vocal about human rights violations, drawing significant media attention, although critics labeled the commission under his leadership a "toothless lion" due to its limited influence.

Kazi Reazul Hoque oversaw the relocation of the NHRC office and improved its internal structure, ensuring better office practices.

Nasima Begum, known for her low media profile, enhanced the commission's functional efficiency. She introduced a complaint management system and district-level committees, although these measures faced criticism for relying on government-controlled district administrations.

Dr. Kamal Uddin Ahmed focused on involving NHRC officials in case investigations and was preparing proposals for constitutional and electoral reforms before his resignation.

Human rights activists have long opposed the appointment of bureaucrats to lead the NHRC, arguing that their government-aligned backgrounds limit their independence. Advocate Salma Ali, former president of the Bangladesh National Women Lawyers' Association, criticized the government for “bottlenecking” the commission's voice. She emphasized the need for leaders with legal expertise or grassroots human rights experience to ensure the NHRC operates effectively and independently.
Bangladesh’s preference for bureaucrats as NHRC chairpersons contrasts with practices in neighboring countries.

In India, acting NHRC Chairperson Smt. Vijaya Bharati Sayani is a Supreme Court lawyer.
Nepal's NHRC is led by Top Bahadur Magar, a former Supreme Court justice.

Sri Lanka and Maldives have human rights experts and legal professionals at the helm.
Pakistan, like Bangladesh, has appointed bureaucrats, though its current chairperson Rabiya Javeri Agha is also a noted human rights advocate.

Bhutan remains the only South Asian country without an NHRC.

Following the resignation of the NHRC leadership, the Human Rights Forum—a coalition of leading rights-based NGOs—urged the government to prioritize transparency and inclusivity in appointing new members. They recommended participatory discussions with civil society before finalizing appointments, as stipulated in the NHRC Act.

The forum also called for amending the 2009 act to enhance the commission’s independence and transparency, enabling it to operate more effectively in addressing human rights violations.

The NHRC’s current state of limbo highlights the urgent need for strategic reforms and visionary leadership. By appointing experienced human rights advocates or legal professionals, the government can restore confidence in the commission and ensure it fulfills its mandate to protect and promote human rights for all.

As the country seeks to realize its dream of an inclusive and just society, empowering the NHRC with the right leadership and legal framework will be essential.