TIB calls for stakeholder engagement in finalising NHRC Act

Transparency International Bangladesh (TIB) has warned that the proposed National Human Rights Commission Act 2026 could result in the establishment of a government-controlled institution rather than an independent human rights watchdog, urging the government to revise the draft law through meaningful stakeholder consultation before its finalisation.

In a set of 19 recommendations submitted to the government on 8 June, TIB expressed concern that several provisions in the draft law, prepared on 17 May 2026, represent a significant departure from the National Human Rights Commission Ordinance 2025 and undermine the long-standing demand for an independent and effective commission free from executive influence.

According to TIB, a key safeguard contained in the 2025 draft has been removed from the new proposal. While the earlier version explicitly stated that the commission would be an independent institution and would not fall under any ministry or government division, that provision has been omitted from Section 3(2) of the 2026 draft.
The anti-corruption watchdog said the omission could allow the executive branch to exert control over the commission, compromising its ability to perform its duties independently and effectively.

TIB also criticised the composition of the selection committee responsible for appointing commissioners. Under Section 7 of the draft law, the committee would include the Speaker of Parliament, two ministers, a ruling party member of parliament and the Cabinet Secretary.

“This creates a risk of executive dominance and political influence in the appointment process, undermining impartiality and giving rise to conflicts of interest,” TIB said, calling for the provision to be revised.

The organisation further urged the inclusion of stronger powers for the commission to monitor and investigate detention facilities.

It proposed that Section 13 should authorise the commission to conduct regular inspections, visits and investigations at all detention centres operated by law enforcement agencies, intelligence bodies and the armed forces where detainees may face risks of enforced disappearance or torture.

TIB also recommended empowering the commission to advise the government on improving detention conditions and to recommend the closure of any facilities operating outside the law, alongside action against those responsible.

On accountability for human rights violations, TIB proposed amendments to Section 16 to ensure that public officials, members of disciplined forces and intelligence agencies accused of rights abuses could be arrested with the approval of a court, tribunal or the commission, without requiring prior government sanction.

The organisation also called for the repeal of Section 20, arguing that it limits the commission’s ability to independently investigate allegations against members of disciplined forces.

According to TIB, this restriction has been one of the principal reasons why Bangladesh’s National Human Rights Commission has never secured “A Status” accreditation from the Global Alliance of National Human Rights Institutions (GANHRI).

The recommendations also focus on improving representation within the commission. TIB proposed that at least one commissioner should come from an ethnic minority or marginalised community and that at least two women commissioners should be appointed to ensure gender balance.

It further objected to a provision allowing serving government officials on leave to become commissioners, arguing that it creates potential conflicts of interest and threatens institutional independence.

TIB recommended repealing the clause and introducing requirements that commissioners demonstrate political neutrality, integrity, ethical conduct and a proven commitment to human rights throughout their careers.

The organisation additionally called for reducing the proportion of commission staff recruited on deputation from the public service from 30 per cent to 10 per cent and ensuring all appointments are made through open, transparent and merit-based processes.

Financial independence also remains a major concern. TIB recommended amending Section 36(1) to guarantee that the commission receives annual funding based on its proposed budget and can spend approved funds without seeking prior government approval.

Warning of the broader implications of a weak human rights institution, TIB said that failure to establish an independent and effective commission could have serious consequences for both the government and citizens.

“If the National Human Rights Commission does not work independently and effectively, the consequences could be severe, affecting the ruling party, all political parties in Parliament, and ordinary citizens, who have already suffered from such institutional failures in the past,” the organisation said.

TIB urged the government to revise the draft legislation and finalise it through an inclusive process that takes into account recommendations from civil society organisations and other stakeholders.