Autonomy not ensured in Human Rights Commission bill
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Despite the review by the parliamentary committee, fundamental structural shortcomings remain in the ‘National Human Rights Commission Bill, 2026’ and the ‘Prevention and Remedy of Enforced Disappearance Bill, 2026.’ Transparency International Bangladesh (TIB) has expressed deep concern, noting that there is no authority to conduct independent, impartial and conflict free investigations into enforced disappearances and serious human rights violations. It also said opportunities for abuse of power remain.
The concern was expressed in a press release issued Thursday.
It said that although some positive changes have been recommended in the National Human Rights Commission Bill, including ensuring representation of disadvantaged people and declaring loan defaulter’s ineligible, the core autonomy of the commission has not been ensured. The presence of the Speaker, two ministers, a member of parliament from the ruling party and the Cabinet Secretary on the selection committee leaves room for the executive branch to retain overwhelming influence. In addition, provisions to appoint government employees on deputation for 30 percent of the total workforce and the lack of clear legal protection to ensure that the commission does not remain under any ministry have raised questions about the prospect of an independent commission.
TIB Executive Director Dr. Iftekharuzzaman said, “Under Section 19 of the Human Rights Commission Bill, in cases of serious allegations against law enforcement agencies, the commission will not conduct an independent investigation itself. Instead, it will seek a report from the concerned institution. This is even weaker than the 2009 law and is contrary to the international Paris Principles.” Similarly, the Prevention of Enforced Disappearance Bill allows investigations to be assigned to another force instead of excluding the agency accused of the offense. This is not free from institutional conflict of interest.
Instead of providing legal protection, the Prevention of Enforced Disappearance Bill creates a risk of intimidation. Although the minimum punishment for enforced disappearance has been set at three years, it includes a provision for five years of rigorous imprisonment for so called “false or harassing” complaints. Due to the weak investigation system, if a genuine complaint cannot be proven, the victim’s family could instead face punishment and harassment. Moreover, the previous protection requiring investigations to continue until the disappeared person is found has also been removed.
TIB has called for meaningful discussion in Parliament based on ethical and humanitarian values instead of rushing to pass the two bills by voice vote. If the laws are passed without fundamental amendments based on international standards and the 25 point and 17 point recommendations of stakeholders, the 13th National Parliament will fail miserably to meet public expectations in protecting human rights.
