TIB: Draft law could place NHRC under govt control

Transparency International Bangladesh has expressed concern that the National Human Rights Commission (NHRC) may become a government-influenced body instead of an independent and effective institution.

The anti-corruption watchdog said several fundamental provisions in the draft National Human Rights Commission Act, 2026 conflict with international standards and the Paris Principles.

In a statement sent to the media Wednesday, TIB said it submitted 19 recommendations to the government on June 8 and called for broader stakeholder consultation before finalizing the legislation.

TIB said the 2025 ordinance on the National Human Rights Commission explicitly stated that the body would not fall under any ministry or government department. However, that provision has been removed in Section 3(2) of the new draft law, which, it said, would effectively bring the commission under executive control and hinder its ability to independently investigate allegations of human rights violations.

Under Section 7 of the draft law, the proposed selection committee for appointing commissioners includes the speaker of parliament, two ministers, a ruling party lawmaker, and the cabinet secretary.

TIB said the composition would increase government influence over appointments and raise questions about the commission’s neutrality and credibility. It urged a revision of the selection committee structure.

TIB also called for expanding the commission’s powers under Section 13 to allow regular inspection and investigation of detention facilities operated by law enforcement agencies, intelligence bodies, and the military.

It said the commission should be empowered to investigate allegations of enforced disappearances, torture, and illegal detention, and to recommend closure of unlawful detention centers.

The organization proposed removing the requirement for prior government approval to arrest public officials or members of law enforcement agencies accused of rights violations.

It also criticized Section 20 of the draft law, warning that it would restrict the commission’s independence in investigating security forces. TIB called for the complete repeal of the provision.

The group further argued that such limitations have contributed to the commission’s failure to obtain “A” status from the Global Alliance of National Human Rights Institutions.

TIB recommended mandatory inclusion of women and representatives from marginalized communities in the commission’s structure.

It suggested that at least one commissioner should come from an ethnic minority or disadvantaged group and that at least two commissioners should be women.

It also proposed barring serving government officials from taking leave to join the commission and called for qualifications to include neutrality, integrity, ethical conduct, and contributions to human rights protection.

The draft law allows up to 30% of commission personnel to be government officials on deputation. TIB recommended reducing this to a maximum of 10%.

It also called for financial independence for the commission, saying it should not rely entirely on government budget allocations. Prior government approval, it added, should not be required for approved expenditures.

TIB said the absence of an independent and effective human rights commission would negatively affect not only opposition parties but also the ruling party and ordinary citizens.

“If the human rights commission fails to function independently and effectively, every political force in the country and ordinary people will be its victims,” the statement said.

It urged the government to revise and finalize the draft law after consultations with civil society, human rights defenders, legal experts, and other stakeholders.