Transparency International Bangladesh (TIB) has expressed concern over the Cabinet’s in-principle approval of the draft National Human Rights Commission Act, 2026, and the draft Enforced Disappearance Prevention and Redress Act, 2026, saying key recommendations from stakeholders have been ignored.
The anti-graft watchdog questioned whether the government and ruling party had learned lessons from the enforced disappearances, killings and other human rights violations committed under the previous regime.
In a statement on Wednesday, TIB Executive Director Dr Iftekharuzzaman said several positive provisions had been incorporated into the two draft laws, but provisions that could undermine the independence and effectiveness of the National Human Rights Commission (NHRC) had been retained.
He said Section 18 of the 2009 NHRC Act had been retained, requiring the commission to rely on reports from the government or heads of the respective forces when investigating allegations of human rights violations by law enforcement agencies.
According to Iftekharuzzaman, this had previously hindered the commission’s ability to ensure accountability for violations committed by law enforcement agencies.
He also raised concerns over the proposed composition of the selection committee for appointing the NHRC chairperson and commissioners, saying government representatives would retain significant influence over the appointments.
TIB also criticized the absence of mandatory provisions ensuring women, minorities and other disadvantaged groups are represented on the five-member commission.
The organization said civil society had proposed that at least two of the five commissioners be women and one be from a small ethnic group, in line with international standards on pluralistic representation.
Iftekharuzzaman further questioned whether the commission would be genuinely independent despite the draft describing it as an independent and impartial institution.
He pointed to provisions requiring prior government approval to establish offices outside Dhaka, allowing up to 30% of employees to be appointed on deputation, and permitting serving government officials to become commissioners on deputation.
“These provisions would effectively turn the Human Rights Commission into a government institution,” he said, questioning whether such an institution was what the July uprising had aspired to.
TIB also expressed concern over the removal of a provision from the earlier draft stating that acting solely on the orders or instructions of a government or superior authority could not be used as an excuse for human rights violations.
The organization also questioned the exclusion of military detention centres from the NHRC’s mandate to conduct regular inspections without prior notice.
Regarding the draft Enforced Disappearance Prevention and Redress Act, Iftekharuzzaman said responsibility for investigating enforced disappearance cases had been placed entirely with the police, excluding the NHRC from the process.
He questioned the effectiveness of a provision under which a junior investigating officer would prepare an interim report when a senior official is accused of involvement in an enforced disappearance.
TIB said the definition of enforced disappearance in the draft also failed to include the possible involvement of elected representatives, ministers and other senior state officials, despite Bangladesh’s experience and relevant international conventions.
The organization further noted that several safeguards and monitoring functions included in the Enforced Disappearances Prevention and Redress Ordinance, 2025, including inspections of detention facilities and efforts to identify secret detention centres, had not been retained in the new draft.
TIB said a significant section of Bangladesh’s population, including members of both ruling and opposition parties, had suffered because of the absence of an independent human rights commission and effective legal safeguards against enforced disappearance.
It urged the government to revise both draft laws before placing them before Parliament, taking into account the views of victims and stakeholders and ensuring that the legislation reflects principles of human rights, accountability and justice.
