TIB raises concerns over draft laws on human rights and enforced disappearances citing lack of independence and accountability
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Transparency International Bangladesh (TIB) has expressed deep concern over the draft laws for the National Human Rights Commission (NHRC) and the Prevention of Enforced Disappearance, which were recently approved by the cabinet. While acknowledging some positive inclusions, the anti-corruption watchdog warned that the drafts retain several problematic provisions that would hinder the NHRC’s independence and perpetuate impunity for security forces.
TIB Executive Director Iftekharuzzaman issued a statement on Wednesday regarding the drafts, which were approved during a cabinet meeting chaired by Prime Minister Tarique Rahman on August 10. The organization questioned whether the government and the ruling party had truly learned from the country’s history of authoritarianism, specifically noting that the proposed measures seem to ignore the lessons from past human rights violations.
According to the statement, the draft NHRC law replicates Section 18 of the 2009 legislation, which forces the commission to rely on reports from the government or heads of security agencies when investigating allegations of human rights abuses. TIB noted that this reliance was a primary reason the commission remained ineffective in the past, preventing it from attaining an “A” status under international standards.
The composition of the selection committee for appointing the NHRC chairman and commissioners has also drawn criticism. The committee includes the Speaker, the Law Minister, the Home Minister, a government lawmaker, and the Cabinet Secretary. TIB argued that because the government maintains effective control over the remaining three members, the commission risks being under the absolute dominance of the ruling administration. Furthermore, the organization criticized the lack of mandatory provisions for female, minority, or disadvantaged group representation, labeling the structure as patriarchal and discriminatory.
TIB raised additional concerns regarding the commission’s operational independence. The draft requires government approval for establishing offices outside Dhaka and determining staffing structures. Furthermore, the provision allowing up to 30 percent of commission staff to be deputed government employees, alongside the appointment of serving government officials as commissioners, threatens to turn the NHRC into an extension of the state bureaucracy rather than an independent watchdog.
The watchdog also questioned the removal of a provision stating that “excuses are unacceptable for human rights violations” and noted the exclusion of military detention centers from the commission’s inspection mandate. Iftekharuzzaman explicitly asked whether this move signaled the government’s intent to maintain secret detention facilities, colloquially known as “Aynaghar.”
Regarding the draft law on the Prevention of Enforced Disappearance, TIB criticized the decision to vest investigative authority solely in the police, excluding the NHRC. The organization noted that since most disappearance allegations implicate members of security forces, tasking the police with investigations creates an inherent conflict of interest. TIB also highlighted a provision allowing a magistrate to discharge a senior official from proceedings if an investigation by a subordinate fails to produce “satisfactory evidence,” warning that this clause effectively guarantees impunity.
Additionally, TIB pointed out that the draft fails to define enforced disappearance in accordance with international standards by omitting the involvement of public representatives, ministers, and high-ranking state officials. The organization urged the government to revise the drafts in consultation with stakeholders and victims before presenting them to Parliament, asserting that the current versions contradict the spirit of the July mass uprising and the ruling party’s own reform pledges.
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