July Uprising Participants: Govt okays ordinance granting indemnity
Staff Reporter :
The government on Thursday gave final approval to the draft of the “July Mass Uprising Protection and Liability Determination Ordinance 2026,” a new legal framework aimed at granting indemnity to participants of the July 2024 mass uprising for actions carried out as part of organised political resistance.
The approval came at the weekly meeting of the Council of Advisers held at the Chief Adviser’s Office in Dhaka, with Chief Adviser Professor Muhammad Yunus in the chair.
Briefing the media in the afternoon at the Foreign Service Academy, Law Adviser Professor Asif Nazrul said the ordinance was formulated in line with the government’s earlier commitment to ensure legal protection for those who took part in the July uprising.
He said the ordinance would be promulgated as law through a gazette notification within the next five to seven days.
“The core objective of this ordinance is to grant immunity to participants of the July mass uprising for activities carried out as part of organised political resistance during July and August 2024,” Prof Asif Nazrul said.
He clarified that by “political resistance,” the government meant actions undertaken with the objective of restoring democratic governance through the fall of what he described as a fascist government.
Participants involved in such resistance during the specified period would be exempt from criminal responsibility, he said.
Explaining the legal implications, the law adviser said the government would take steps to withdraw any existing criminal cases filed against uprising participants for actions linked to organised political resistance.
“From now on, no new cases can be filed against them for actions carried out during July and August as part of organised political resistance,” he added.
However, Prof Asif Nazrul repeatedly emphasised that the ordinance was not intended to provide blanket immunity.
He said killings or violent acts committed in the name of political resistance but driven by personal, narrow, or criminal motives would not be protected.
“This law is not meant to give indemnity to murders committed out of greed, revenge, or personal interests that had no relation to the objective of overthrowing the fascist government and restoring democracy,” he said.
Addressing concerns over how such distinctions would be made, Prof Asif Nazrul said the responsibility had been entrusted to the National Human Rights Commission.
If the family of a victim believes that a killing occurred for personal or narrow reasons rather than as part of political resistance, they may submit a complaint to the commission, he said.
If the commission determines that the killing was motivated by personal interests, it will conduct an investigation and submit a report to the court, which will be treated in the same manner as a police investigation report.
But if the commission finds that the act occurred in the course of organised political resistance, no criminal liability will apply, and immunity will be granted under the ordinance.
He added that even in cases where killings are found to have occurred as part of political resistance, the Human Rights Commission may still recommend financial compensation for the victim’s family if it considers such support appropriate.
On the timeframe covered by the ordinance, Prof Asif Nazrul said indemnity would apply to activities carried out between 1 July and 31 August 2024.
He noted that after the Liberation War, indemnity had extended beyond the official end of the conflict, but the current government had chosen a more limited period based on various declarations, including the July Charter.
Referring to the Human Rights Commission itself, he said it would be formed by 31 January, adding that the selection committee had already held its first meeting.
“We are confident Bangladesh will soon have the strongest, most powerful and most effective Human Rights Commission in its history,” he said.
Chief Adviser’s Press Secretary Shafiqul Alam and Deputy Press Secretary Mohammad Abul Kalam Azad Majumder were present at the briefing.
The ordinance is expected to generate wide legal and political debate as the government moves to formalise protections for participants of the July uprising while setting up a mechanism to examine disputed cases.