The new law will undermine the independence of the Human Rights Commission, TIB fears after seeing the draft
Transparency International Bangladesh (TIB) fears that the independence of the commission will be eroded by the law that the BNP government is going to pass after the repeal of the National Human Rights Commission Act made during the interim government. According to the agency, the new law makes the commission dependent on the government and related forces to investigate allegations of human rights violations against law enforcement agencies.
The Interim Government issued the Ordinance in 2025 amending the National Human Rights Commission Act of 2009. After BNP came to power last February, the ordinance was repealed. A new law has now been drafted.
The TIB issued a statement on Tuesday expressing concern and disappointment over the draft. It is said that the National Human Rights Commission Ordinance issued during the interim government empowered the commission to directly investigate allegations of human rights violations including disappearances and murders. There was also an opportunity to recommend punishment against responsible individuals and institutions. But the new draft law limits that power by reinstating Section 18 of the 2009 Act.
The TIB said provisions were also made to ensure government party control over the appointment of commissioners to the Human Rights Commission. The Human Rights Commission may once again become an ineffective institution under the control of the government.
Iftekharuzzaman, executive director of TIB, said that in the new draft, the commission has been made dependent on the report of the government or the head of the force in the case of investigation of complaints against law enforcement forces. He claimed that because of this weakness of the 2009 law, the National Human Rights Commission never got the status of 'A' category in international standards.
Iftekharuzzaman also said that in most of the cases of human rights violations including disappearances and murders, there were allegations of the involvement of law enforcement agencies. As a result, if the provision is retained in the current draft, it will pose a risk to the protection of accused persons.
TIB has also objected to section 13 of the draft law. The organization claims that the commission has not been given jurisdiction to investigate human rights violations on its own initiative. Apart from this, the possibility of search, inspection and investigation of possible detention places by the intelligence agencies and the army has been excluded in the ordinance.
Iftekharuzzaman said that the draft law does not reflect the experience of the countrymen and the leaders of the political parties represented in the current parliament during the past authoritarian regime.
TIB also expressed concern over the process of appointing commissioners. In the draft law, it is proposed to keep the Speaker, Law Minister, Home Minister, a Member of Parliament from the ruling party and the Cabinet Secretary as members in the selection committee. The organization believes that there will be a risk of establishing absolute control of the government over the commission.
The TIB also said that the phrase "shall not be under any ministry or department of the Government" contained in the ordinance has been omitted from the draft law. As a result, even though the Commission is called an independent body, on the other hand, there is no justification to exclude the comments confirming its independence.
Apart from this, to make the Commission inclusive, the Ordinance mandated the inclusion of minorities and women as Commissioners. But the draft has added the condition of getting 'eligible candidates'. TIB fears that the Commission may become a 'male' and 'majority' institution.
The agency also criticized the commission's deputation of 30 percent of its total workforce and the provision of appointment of serving government officials as commissioners on leave. According to the TIB, this would put the Commission at risk of becoming a bureaucratic and government-controlled institution once again.
The TIB has called for a review of controversial clauses in the draft law. The organization said, to implement the government's commitment to protect human rights as per the Universal Declaration of Human Rights in the election manifesto, necessary steps should be taken to establish an effective and independent National Human Rights Commission.
