NHRC Act 2026: TIB flags draft law as govt takeover risk
Transparency International Bangladesh (TIB) has raised the alarm over the draft National Human Rights Commission (NHRC) Act 2026, warning that the proposed legislation would turn the country’s rights watchdog into a toothless body beholden to the state — a step that, the anti-corruption watchdog says, echoes the failures of earlier law.
In a statement issued on Tuesday, TIB Executive Director Iftekharuzzaman said several
provisions in the proposed law would strip the National Human Rights Commission (NHRC) of its independence, rendering it dependent on the government and law enforcement agencies for the very investigations it is mandated to conduct.
“The government is once again moving toward establishing a figurehead human rights commission under state control,” Iftekharuzzaman said, adding that the draft had reinstated controversial provisions from the 2009 legislation that previously weakened the commission’s autonomy.
“On one hand, the commission is described as an independent institution; on the other hand, provisions protecting its autonomy have been removed,” the statement said.
At the heart of TIB’s critique is a provision that would require the commission to seek reports or permissions from the government or concerned agencies before it could investigate allegations against law enforcement bodies — including cases involving enforced disappearances and extrajudicial killings.
“In cases of human rights violations by law enforcement agencies, the commission has once again been made dependent on reports from the government or the heads of those agencies,” Iftekharuzzaman said.
He noted that the interim government’s earlier ordinance had granted the commission powers to directly investigate allegations of enforced disappearances, killings, and other abuses allegedly committed under state patronage — a provision the new draft would effectively roll back.
Selection Committee Draws Scrutiny
TIB also trained its sights on the commissioner appointment process, alleging that the composition of the selection committee virtually guarantees partisan influence.
Under the draft, the speaker, law minister, home minister, a ruling party MP, and the cabinet secretary would all sit on the panel.
The watchdog argued this arrangement could ensure “overwhelming control by the ruling party” over who leads the body meant to hold the state accountable.
Risk of Bureaucratic Capture
Beyond appointments, TIB flagged structural provisions it says would further erode independence.
The draft would allow up to 30 per cent of the commission’s staff to be drawn from government service on deputation, and would permit serving government officials to become commissioners — a combination the organisation said could place the body effectively under bureaucratic control.
TIB also raised concern over the removal of provisions that previously ensured representation of women and ethnic minorities in the commission, calling it a step backward for inclusivity.
“On one hand, the commission is described as an independent institution; on the other hand, provisions protecting its autonomy have been removed,” TIB’s statement read.
Government Invites Stakeholder Input
The TIB statement comes days after the government presented the draft laws on the National Human Rights Commission and enforced disappearances at a consultation meeting held on 17 May.
At the event, Law, Justice and Parliamentary Affairs Minister Md Asaduzzaman said the new legislation aimed to address limitations in the previous law, including setting clearer timeframes for commission activities and introducing provisions for reviewing commission decisions.
The minister requested stakeholders to submit written recommendations on the draft laws by the first week of June.
TIB has not yet indicated whether it will formally submit recommendations, but the organisation’s public statement signals it intends to keep public pressure on the drafting process as the June deadline approaches.
