Dhaka: Transparency International Bangladesh (TIB) has expressed deep concern over several provisions in the proposed National Human Rights Commission Act 2026, warning that the law could once again render the Commission ineffective and under government control, reminiscent of past authoritarian regimes.
According to United News of Bangladesh, TIB highlighted that the draft law proposed by the government includes provisions requiring mandatory permission for the Commission to investigate allegations of human rights violations involving law enforcement personnel. This dependency on the government or law enforcement agencies could severely limit the Commission's autonomy.
The draft law also poses a risk of enabling the ruling party to exert significant influence over the appointment of commissioners, TIB noted. The organization recalled that the National Human Rights Commission Ordinance, issued during an interim government period, had initially promised accountability.
TIB criticized the reinstatement of controversial provisions from the 2009 law, which had undermined the independence of the National Human Rights Commission. This move, according to TIB, contradicts the BNP government's election manifesto commitment to protecting human rights.
Dr. Iftekharuzzaman, TIB Executive Director, pointed out that under the interim government's ordinance, the Commission was empowered to directly investigate human rights violations and recommend punitive measures. However, the new draft law revives Section 18 of the 2009 Act, making the Commission reliant on reports from the government or law enforcement agency heads in cases of human rights violations.
Dr. Iftekharuzzaman further explained that because of such weaknesses, the Commission was never granted 'A' category status under international standards. He emphasized that retaining these provisions would effectively protect certain law enforcement members involved in human rights violations.
The draft law's Section 13, which limits the Commission's ability to investigate human rights violations proactively, and the removal of provisions allowing inspections of detention sites, were also criticized by TIB. The organization expressed concern that the inclusion of high-level government officials in the commissioner selection committee could establish absolute government control over the Commission.
TIB also criticized the removal of the clause stating that the Commission 'shall not be under any ministry or department of the government,' arguing it undermines the institution's independence. Additionally, the replacement of requirements for ethnic minorities and women representation with 'qualified candidates' could lead to a male-dominated and majoritarian institution, TIB warned.
Furthermore, TIB raised concerns about allowing government employees to be appointed as commissioners, as this would lead to bureaucratic control over the Commission. Dr. Iftekharuzzaman called the draft law a contradictory and self-defeating step that risks reducing the Commission to a figurehead institution.
He urged the government to reconsider the controversial provisions and align with its election manifesto commitment to uphold human rights, expressing hope that such considerations would help establish a truly independent and effective National Human Rights Commission.