Transparency International Bangladesh (TIB) has sharply criticized two Cabinet-approved draft human rights laws, warning that they could leave the National Human Rights Commission under government control and create avenues for impunity in enforced disappearance cases.
In a statement Wednesday, TIB said the draft National Human Rights Commission Act, 2026, and Enforced Disappearance Prevention and Redress Act, 2026, had retained key provisions despite objections raised by victims and other stakeholders.
TIB Executive Director Iftekharuzzaman questioned whether the government and ruling party had learned from the enforced disappearances, killings and other rights abuses committed under the previous authoritarian government.
Under the proposed NHRC law, TIB said, the Commission would continue to depend on reports from the government or heads of security forces when investigating alleged rights violations by law enforcement agencies — effectively retaining a major weakness of the 2009 law.
TIB also raised concerns about the proposed selection committee for appointing the NHRC chairperson and commissioners. Its composition, including the Speaker, law and home ministers, a ruling-party MP and Cabinet Secretary, would give the government overwhelming influence over appointments, it said.
The watchdog criticized the absence of mandatory representation for women, ethnic minorities and other disadvantaged communities. It said civil society had proposed that at least two of the five commissioners be women and one come from a small ethnic group.
TIB also questioned the Commission's proposed institutional independence. Government approval would be required to establish offices outside Dhaka and determine staffing structures, while up to 30% of its employees could be government officials on deputation. Serving government employees could also become commissioners on deputation.
“Is such a Human Rights Commission what the bloody July uprising aspired to?” Iftekharuzzaman asked.
TIB particularly criticized the removal of a provision contained in an earlier draft stipulating that following government or superior orders could not be used as a justification for human rights violations.
It also objected to the exclusion of military detention facilities from places the NHRC could inspect without prior notice.
“Should we then assume that the government supports retaining Aynaghar?” Iftekharuzzaman said, referring to secret detention facilities associated with enforced disappearances under the previous government.
TIB raised similar concerns about the proposed enforced disappearance law, particularly its decision to leave investigations entirely to police and outside the NHRC's jurisdiction.
The watchdog said this was problematic because members of disciplined forces have themselves been accused in many enforced disappearance cases.
It also questioned a provision under which a junior investigating officer could prepare an interim report involving allegations against a senior official, after which a magistrate could discharge the senior official if sufficient evidence was not found.
TIB warned that the arrangement could be vulnerable to influence and ultimately facilitate impunity.
The organization also said the proposed definition of enforced disappearance failed to adequately cover the involvement of elected representatives, ministers and other important state officials and therefore did not reflect Bangladesh's experience or relevant international conventions.
The draft also drops powers included in the 2025 ordinance allowing the Human Rights Commission to monitor detention safeguards, inspect prisons, lock-ups and detention centers, search premises for secret detention facilities and take lawful measures, TIB said.
TIB called on the government to revise both drafts before submitting them to Parliament, incorporating recommendations from victims and stakeholders and bringing the laws in line with international standards and commitments to human rights, accountability and justice made following the July uprising.
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