Transparency International Bangladesh on Monday flagged concerns over ongoing legal and institutional reforms stemming from interim government ordinances, while stressing the need to safeguard judicial independence through transparent judicial appointment processes.
TIB Executive Director Dr Iftekharuzzaman presented the organization’s position titled “TIB’s Position on the Repeal/Revocation/Amendment of Certain Ordinances Issued by the Interim Government by the 13th National Parliament,” at a press conference held at its Dhanmondi office in Dhaka on Sunday.
TIB Advisor and Executive Management Professor Dr Sumaiya Khair, Research and Policy Director Muhammad Badiuzzaman, and Outreach and Communication Director Mohammad Touhidul Islam were present at the time, among others.
The parliamentary special committee of the 13th National Parliament, after reviewing 133 ordinances issued during the interim period, on April 2, 2026 recommended that 98 ordinances be enacted into law without changes. TIB welcomed the recommendation as a positive step toward legislative scrutiny and institutional continuity. Among the ordinances recommended for enactment are the Cyber Security Ordinance 2025, the Foreign Donations (Voluntary Activities) (Amendment) Act 2025, and the July Uprising (Protection and Accountability) Ordinance, which grants indemnity to participants of the July uprising.
TIB, however, said several of these ordinances contain weaknesses and, in some cases, appear to have been deliberately weakened. These include the Public Audit Ordinance 2025 and four amendments related to local government institutions.
TIB expressed particular concern over the Public Audit Ordinance 2025, stating that it undermines the constitutional independence of the Comptroller and Auditor General. The ordinance does not provide scope for auditing whether government revenues are assessed, collected, and recorded in accordance with existing laws, rules, and procedures. According to TIB, this gap will weaken accountability in public revenue management and limit efforts to prevent irregularities and tax evasion.
The organization also criticized four amendment ordinances related to local government bodies, including city corporations, municipalities, district councils, and upazila parishads. While the government had initially exercised administrative powers in a special post-uprising context—removing elected representatives and appointing administrators—TIB warned that continued reliance on such authority risks normalizing the removal of elected representatives at will, which it said is inconsistent with democratic norms.
The parliamentary committee has also recommended repealing four ordinances, including three related to judicial independence—covering Supreme Court judge appointments and the establishment of a separate Supreme Court secretariat. Additionally, 16 ordinances, including those related to the National Human Rights Commission, the Anti-Corruption Commission, and enforced disappearance prevention, have been recommended for further review rather than immediate enactment. Another 15 ordinances have been proposed for amendment before being passed into law, including those on national data management, police reform, labor laws, public procurement, prevention of violence against women and children, and telecommunications regulation.
TIB cautioned that the repeal of ordinances linked to judicial independence risks reversing progress toward an independent judiciary, with no clear timeline or roadmap for revisiting these reforms. It emphasized that transparent judicial appointment processes are essential to ensure merit-based selection and to prevent political or executive influence over the judiciary.
The organization also noted uncertainty surrounding reforms related to human rights and anti-corruption institutions due to delays in enactment. While some ordinances have been deferred for further review, TIB said the absence of a defined timeframe raises concerns about institutional strengthening. It further warned that the lack of clarity around proposed amendments may dilute reform measures. TIB also expressed concern that the proposed police commission framework may increase government control rather than ensuring institutional independence.
TIB urged immediate and effective legislation to strengthen the National Human Rights Commission and protections against enforced disappearance, in line with international standards such as the Paris Principles and relevant global conventions. It raised concerns that proposed changes could undermine administrative independence by placing the commission under legislative and parliamentary affairs oversight, restrict its ability to investigate security forces without prior government approval, and shift certain judicial powers to the executive branch. TIB noted that these changes may conflict with global benchmarks set by frameworks such as GANHRI and international treaties related to torture prevention and enforced disappearance.
On anti-corruption reforms, TIB called for revising the Anti-Corruption Commission law to incorporate previously agreed proposals from political stakeholders, including provisions for an independent selection and review committee, stronger accountability mechanisms, and safeguards against provisions that could allow compromise settlements in corruption cases. It also highlighted concerns about increased experience thresholds for commissioners, exclusion of private sector corruption from legal scope, and the absence of key safeguards against loopholes.
TIB further recommended broader governance reforms, including amendments to the Right to Information law to expand the definition of information, include official note sheets, and strengthen the scope of public authorities covered. It also called for aligning the status and benefits of information commissioners with judicial standards and ensuring timely appointments to avoid vacancies.
In addition, TIB urged careful revision of the Personal Data Protection Ordinance 2025, warning that it lacks globally accepted data protection principles such as legality, fairness, transparency, purpose limitation, and accountability. It raised concerns over broad exemptions allowing access to personal data under vague national security or crime prevention grounds, which could enable surveillance or misuse.
Regarding the Bangladesh Telecommunication Regulatory Amendment Ordinance 2026, TIB cautioned that the inclusion of content regulation provisions extends the law beyond telecommunications infrastructure into social media and digital content governance, raising concerns about potential restrictions on freedom of expression.
TIB also pointed out structural weaknesses in the National Data Management Ordinance 2025, where the same authority is tasked with both regulating and operating data systems, creating conflicts of interest. The selection process for its leadership, it said, may compromise independence due to executive influence.
On public financial accountability, TIB recommended strengthening the Public Audit Ordinance by ensuring audit access to all government revenues, enabling international cooperation by the Comptroller and Auditor General, mandating public disclosure of audit reports, and enforcing implementation of parliamentary committee recommendations.
It also called for reforms in revenue administration, noting concerns over the separation of policy and management functions within the National Board of Revenue without adequate institutional safeguards or autonomy, which has already triggered administrative instability.
Finally, TIB recommended repeal of the Police Commission Ordinance 2025 and the National Data Management Ordinance 2025, citing structural flaws that could undermine independence, create conflicts of interest, and reinforce executive dominance. It emphasized that legislative reforms must strengthen democratic institutions, ensure transparency, uphold the rule of law, and reinforce accountability, with transparent judicial appointment processes remaining central to protecting judicial independence.
