Transparency International Bangladesh (TIB) on Tuesday expressed concern that the draft National Human Rights Commission (NHRC) Act 2026 contains provisions that could undermine the institutional independence of the rights body.
The draft reportedly includes requirements for the commission to seek permission from the government or relevant law enforcement agencies before investigating allegations of human rights violations involving those agencies. It also introduces provisions that TIB says could allow significant executive influence over the appointment of commissioners.
In a statement, TIB Executive Director Dr Iftekharuzzaman said the proposed framework would weaken the commission’s autonomy and limit its capacity to independently investigate serious allegations, including enforced disappearances and extrajudicial killings.
He said that under earlier provisions introduced during an interim government period, the commission had been granted broader authority to directly investigate allegations of human rights violations and recommend accountability measures. However, he alleged that Section 18 of the 2009 Act has been reinstated in the new draft, requiring reliance on reports from the government or heads of law enforcement agencies in such cases.
“This effectively makes the commission dependent on the very authorities it may need to investigate,” he said, adding that such provisions could restrict independent oversight in cases of alleged abuses by law enforcement agencies.
Iftekharuzzaman also raised concerns that the draft removes provisions allowing the commission to inspect detention facilities of intelligence agencies and the military, which he said previously enabled oversight of alleged sites of enforced disappearances and torture.
He further noted that the proposed composition of the commissioner selection committee—including the Speaker, Law Minister, Home Minister, a ruling party Member of Parliament, and the Cabinet Secretary—could lead to excessive government influence over appointments.
According to him, the draft also removes a clause stating that the commission “shall not be under any ministry or department of the government,” a provision he said previously helped safeguard institutional independence.
TIB also criticized changes to commissioner eligibility rules, saying the replacement of specific requirements for representation of women and ethnic minorities with a general “qualified candidates” clause could reduce inclusivity within the commission.
Additional concerns were raised over staffing provisions allowing up to 30 percent of personnel to be deputed from government service, as well as allowing serving government officials to be appointed as commissioners while on leave.
TIB urged the government to reconsider the draft law and ensure it aligns with international standards for independence, accountability, and human rights protection.
