Rights on paper, impunity in practice

Transparency International Bangladesh (TIB) has urged the government to reconsider two draft laws on human rights and enforced disappearances, warning that several provisions could weaken accountability and create scope for impunity.

The anti-corruption watchdog raised the concerns after the cabinet gave in-principle approval to the draft National Human Rights Commission Act, 2026 and the draft Enforced Disappearance Prevention and Redress Act, 2026.

In a statement on Wednesday, TIB said both drafts contain some positive provisions but fail to incorporate a number of recommendations made by victims, civil society organisations and other stakeholders.

TIB Executive Director Iftekharuzzaman said the proposed legal framework could undermine the independence of the National Human Rights Commission (NHRC), particularly when allegations of rights violations involve members of disciplined forces.

Concerns over NHRC independence TIB particularly questioned a provision under which the NHRC would have to depend on reports from the government or the heads of law enforcement agencies when investigating human rights violations allegedly committed by members of disciplined forces.

Iftekharuzzaman said Section 18 of the 2009 National Human Rights Commission Act has effectively been retained in the new draft despite shortcomings that previously prevented the commission from ensuring accountability for rights violations.

The watchdog also criticised the proposed committee responsible for selecting the NHRC chairperson and commissioners. The committee would include the Speaker, law minister, home minister, a ruling party MP and the Cabinet secretary.

According to TIB, the composition would allow the government to retain significant influence over the appointment process and could undermine the commission’s independence.

The organisation also expressed concern that the draft does not require the appointment of at least one woman among the five commissioners or guarantee women’s representation on the selection committee.

TIB said there are also no mandatory provisions ensuring representation of minorities and other disadvantaged groups.

Civil society groups had proposed that at least two of the five commissioners should be women and that one commissioner should come from a small ethnic group, in line with the principle of pluralistic representation.

Although the draft describes the NHRC as independent and impartial, TIB said it does not clearly establish that the commission would remain outside the administrative control of government ministries or divisions.

The watchdog also objected to provisions requiring government approval to establish NHRC offices outside Dhaka and to determine its organisational structure for staff recruitment.

According to Iftekharuzzaman, allowing up to 30 percent of government employees to serve on deputation, as well as permitting serving government officials to become commissioners, could further compromise the commission’s independence.

Police-only investigation questioned
TIB also raised serious concerns about the proposed Enforced Disappearance Prevention and Redress Act, 2026.

The organisation said the draft places investigations into enforced disappearance cases entirely under the police while keeping such matters outside the jurisdiction of the NHRC.

TIB argued that this is particularly problematic because allegations of enforced disappearance during the previous authoritarian period involved members of various disciplined forces.

The watchdog questioned a provision under which a junior investigating officer could prepare an interim report when a senior official is accused of involvement in an enforced disappearance.

If the report fails to establish sufficient evidence against the senior official, the competent magistrate may order the official’s discharge from the case, according to TIB.

Iftekharuzzaman questioned whether such an investigation could remain free from institutional or political influence when the accused is a senior official.

He warned that the provision could ultimately undermine efforts to establish accountability for enforced disappearances.

Definition criticised
TIB also said the draft law’s definition of enforced disappearance does not adequately reflect Bangladesh’s experience.

According to the watchdog, the definition does not explicitly cover the involvement of elected representatives, ministers and other senior state officials.

TIB said the omission could make the proposed law inconsistent with Bangladesh’s actual experience of enforced disappearances as well as relevant international standards and conventions.

The organisation further pointed out that the Enforced Disappearances Prevention and Redress Ordinance, 2025, enacted during the interim government, had given the NHRC several important powers.

These included monitoring compliance with safeguards relating to detention, inspecting prisons, police lock-ups and detention centres, visiting facilities to identify secret detention sites and taking lawful measures where necessary.

TIB said these powers have not been incorporated into the cabinet-approved draft, raising further concerns about the ability of the NHRC to independently monitor and prevent enforced disappearance.
Call for revision before parliament

TIB said the concerns are particularly significant given Bangladesh’s experience of enforced disappearances, killings and other serious human rights violations during the previous authoritarian period.

The watchdog questioned whether the government and ruling party had drawn sufficient lessons from those violations while preparing the new legal framework.

TIB urged the government to revise both draft laws before placing them before parliament, taking into account recommendations from victims, civil society organisations and other relevant stakeholders.

The organisation said stronger safeguards for institutional independence, broader representation in the NHRC and an investigation mechanism free from conflicts of interest would be essential to ensure that the proposed laws strengthen accountability rather than create new avenues for impunity.