Transparency International Bangladesh expressed deep concern over the cabinet’s in-principle approval of two rights-related draft laws, questioning whether the government and ruling party had learned any lessons from the enforced disappearances, killings and other “brutal and multifaceted” human rights violations committed under the ousted authoritarian regime.
The anti-graft body slammed the draft National Human Rights Commission Act, 2026, and the draft Enforced Disappearance Prevention and Redress Act, 2026, saying key recommendations from stakeholders had been ignored.
In a statement issued yesterday, TIB said that while the cabinet-approved draft National Human Rights Commission Act, 2026, contains several positive provisions, it retains clauses that stakeholders had warned could obstruct the NHRC’s independent and effective functioning.
It pointed to the controversial Section 18 of the National Human Rights Commission Act, 2009 — reproduced in the draft — which restricts the NHRC from independently investigating disciplined forces.
TIB Executive Director Iftekharuzzaman said in the statement, “It is a major concern that the NHRC can only seek reports from the government or force chiefs in cases of human rights violations by disciplined forces.”
TIB said this shortcoming had prevented commissions during the AL era from holding disciplined forces accountable for rights violations or preventing such violations.
Similarly, the draft Enforced Disappearance Prevention and Redress Act, 2026, retains provisions that could facilitate impunity for members of agencies accused of involvement in the majority of enforced disappearance cases during the authoritarian period, TIB said.
It also criticised the draft law for placing investigations into enforced disappearances entirely under the police while keeping such cases outside the NHRC’s jurisdiction. TIB said this was particularly problematic as many of those accused of involvement in such cases are members of disciplined forces.
“If a senior official is accused of involvement in an enforced disappearance, the draft requires a junior investigating officer to prepare and submit an ‘interim report’,” Iftekharuzzaman said.
If the report fails to find sufficient evidence against the senior official, the competent magistrate may order the official’s discharge from the proceedings, TIB said.
Iftekharuzzaman questioned whether such a mechanism could realistically remain free from influence. “Will this provision actually help prevent and redress enforced disappearance, or will it in practice ensure impunity for the crime?”
TIB also said the draft’s definition of enforced disappearance does not include the involvement of elected representatives, ministers or other important state officials.
“As a result, the definition does not reflect Bangladesh’s actual experience or conform to relevant international conventions,” it added.
It further pointed out that the Enforced Disappearances Prevention and Redress Ordinance, 2025, enacted during the interim government, had empowered the NHRC to monitor compliance with detention safeguards, inspect prisons, lock-ups and detention centres, visit facilities to identify secret detention centres, and take lawful measures.
“These important functions have not been incorporated into the cabinet-approved draft.”
TIB also criticised the proposed selection committee for appointing the NHRC’s chairperson and commissioners, which would include the Speaker, law minister, home minister, a ruling party MP and the cabinet secretary.
According to the anti-graft watchdog, the government would retain control over nominating at least two of the committee’s three other members, posing a serious risk of government dominance over appointments.
The draft also does not make it mandatory to appoint a woman among the five commissioners or ensure women’s representation on the selection committee, TIB said, adding that it lacks provisions requiring the representation of minorities and other disadvantaged groups.
“Civil society had demanded that at least two of the five commissioners be women and one member be from a small ethnic group to ensure pluralistic representation in line with international standards,” it said.
Iftekharuzzaman said that although the approved draft describes the NHRC as independent and impartial, it does not clearly state that the commission will remain outside the control of any government ministry or division.
He also criticised provisions requiring government approval to open offices outside Dhaka and to determine the commission’s organisational structure and appoint its staff.
“The provision allowing up to 30 percent of government employees to be appointed on deputation, along with the option of naming serving officials as commissioners, could effectively turn the commission into a government body,” he said.
TIB urged the government to revise both draft laws before placing them before parliament, taking into account the views of victims and stakeholders.
Source: https://www.thedailystar.net/news/bangladesh/news/has-the-govt-learned-nothing-the-past-4246556
