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TIB has raised concerns over accountability gaps in two draft laws approved in principle by the Cabinet, warning that provisions in the proposed National Human Rights Commission Act, 2026, and the Enforced Disappearance Prevention and Redress Act, 2026, could weaken oversight and allow impunity.
In a statement, Transparency International Bangladesh (TIB) Executive Director Iftekharuzzaman said the government appeared to have overlooked important concerns raised by victims, civil society and other stakeholders despite the country’s experience of enforced disappearances, killings and other serious human rights violations.
Concerns over Human Rights Commission law
TIB said the draft National Human Rights Commission Act retains provisions from the 2009 law that could undermine the commission’s independence and effectiveness.
One major concern is the retention of Section 18, which requires the commission to rely on reports from the government or heads of relevant forces when investigating allegations of human rights violations by law enforcement agencies.
TIB said the provision creates a conflict of interest because law enforcement agencies themselves have been accused of involvement in such violations.
The proposed process for appointing commissioners has also drawn criticism. The selection committee would include the Speaker, law minister, home minister, an MP from the ruling party and the Cabinet secretary.
According to TIB, this arrangement could allow the government to exercise excessive influence over the selection process and undermine the commission’s independence.
The organisation also criticised the absence of mandatory provisions ensuring women’s representation among the five commissioners or on the selection committee. It said the draft similarly lacks guaranteed representation for minorities and disadvantaged groups.
TIB had proposed that at least two of the five commissioners be women and that one commissioner represent a small ethnic community.
The draft also requires prior government approval to establish commission offices outside Dhaka and allows up to 30% of its employees to be government officials on deputation.
TIB said allowing serving government officials to become commissioners on deputation could further weaken the commission’s independence.
It also objected to the removal of a provision from an earlier draft that stated that following orders from a government or superior authority could not be used as an excuse for human rights violations.
The organisation further questioned the exclusion of military detention centres from the commission’s proposed authority to conduct regular, unannounced inspections of places where people may be deprived of their liberty.
Concerns over enforced disappearance law
TIB also criticised several provisions in the proposed Enforced Disappearance Prevention and Redress Act.
It said assigning sole responsibility for investigating enforced disappearance cases to the police, while excluding the National Human Rights Commission, could create a serious accountability gap.
The concern is particularly significant because law enforcement and other security forces have been accused in numerous enforced disappearance cases, TIB said.
The organisation also questioned 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.
If the report finds insufficient evidence against the senior official, a magistrate could order the official’s discharge from the proceedings. TIB said such a mechanism could be vulnerable to institutional or political influence.
It also said the draft does not include elected representatives, ministers and other senior state officials in its definition of enforced disappearance, despite Bangladesh’s experience and relevant international standards.
TIB further criticised the omission of safeguards included in the Enforced Disappearances Prevention and Redress Ordinance, 2025, including powers for the Human Rights Commission to monitor detention safeguards, inspect prisons and detention centres, identify secret detention facilities and take lawful measures.
TIB urged the government to revise both draft laws before submitting them to Parliament, taking into account the views of victims, civil society and other stakeholders.
It said the final legislation should ensure effective human rights protection, independent oversight, accountability and access to justice.