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NHRC to handle enforced disappearance cases

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Staff Reporter :

Law Adviser Asif Nazrul has said that the government will not form a separate commission on enforced disappearances, as the responsibility will be carried out by the National Human Rights Commission (NHRC) under the new law.

“We will not create a separate disappearance commission; the Human Rights Commission will perform that duty. This provision has been included in the law,” he said, referring to the National Human Rights Commission Ordinance 2025.

The final approval of the National Human Rights Commission Ordinance 2025 was granted on Thursday at the meeting of the Advisory Council, held at the Chief Adviser’s Office in Tejgaon, Dhaka. Chief Adviser Professor Muhammad Yunus presided over the meeting.

Explaining the purpose of the new ordinance, Law Adviser Asif Nazrul said, “We already had a Human Rights Commission, but it was a toothless institution with serious problems. The method of appointment had flaws, and the jurisdiction of the commission was severely limited.” He added, “Moreover, people were appointed who either could not or did not exercise their legal powers. We have tried to make this new ordinance much stronger so that the Human Rights Commission becomes a truly empowered institution capable of protecting human rights and preventing violations.”

According to Asif Nazrul, one of the significant aspects of the new ordinance is the expanded definition of human rights. It will now include rights recognised under international human rights instruments ratified by Bangladesh, as well as those recognised under customary international law.

“This means the commission will not only protect the fundamental rights stated in our Constitution but will also have authority to enforce international human rights standards that Bangladesh has ratified or accepted,” he said.

The new Human Rights Commission will consist of one chairperson and four full-time members.

“Initially, it was proposed to have seven members, but today it was decided that there will be five – all of them full-time,” he stated.

For the appointment of the chairperson and commissioners, a seven-member selection committee led by a judge of the Appellate Division will be formed. The committee will recommend names for the vacant posts.

“The recruitment procedure has been revised. A public notice will be issued, and names will be collected simultaneously. The law is modelled after the process used for appointing judges to the higher courts. The selection committee will conduct interviews and make the appointments,” he said.

Asif Nazrul further explained that the new ordinance strengthens the commission’s authority to investigate human rights violations involving law enforcement agencies.

“Earlier, there were limitations in investigating such bodies. We have now granted the commission full jurisdiction to investigate and take necessary measures in cases of human rights violations committed by law enforcement agencies or under state sponsorship.”

He also mentioned that the ordinance allows the Human Rights Commission to be responsible for implementing laws aimed at protecting human rights, including the Enforced Disappearance Prevention, Remedies and Victim Protection Act.

“The law concerning enforced disappearances could not be finalised today, but we hope it will be completed next week. The main idea is that there will be no separate disappearance commission; the Human Rights Commission will perform that function as provided in the law,” he said.

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