Transparency International Bangladesh (TIB) has sharply criticized the draft National Human Rights Commission Act 2026 proposed by the BNP-led government, warning that the law would effectively strip the Commission of its independence and reduce it to a “figurehead institution” under direct government and bureaucratic control.

In a strongly worded statement issued on Tuesday, TIB Executive Director Dr. Iftekharuzzaman alleged that the proposed law revives controversial provisions from the 2009 legislation that previously crippled the effectiveness of the National Human Rights Commission (NHRC) and protected state agencies from accountability.

According to TIB, one of the few meaningful reforms introduced during the interim government period had been the National Human Rights Commission Ordinance, which empowered the Commission to independently investigate allegations of enforced disappearances, custodial killings, torture, and other grave human rights violations allegedly committed by law enforcement agencies under state patronage.

However, the new draft law reinstates Section 18 of the 2009 Act “verbatim,” effectively making the Commission dependent on the government or the heads of accused law enforcement agencies for permission and reports before conducting investigations.

“Under the ordinance, the Commission had the authority to directly investigate allegations of enforced disappearances and killings and recommend punishment against responsible individuals and institutions,” Dr. Iftekharuzzaman said.

“But the new draft restores authoritarian-era practices by once again making the Commission dependent on reports from the very agencies accused of abuse.”

He argued that such provisions would provide institutional protection to members of law enforcement agencies accused of human rights violations. TIB also noted that due to similar weaknesses in the 2009 law, Bangladesh’s Human Rights Commission never achieved the internationally recognized “A-status” accreditation for independent national human rights institutions.

The anti-corruption watchdog further alleged that the draft law fundamentally contradicts the BNP government’s own election manifesto commitments on human rights and democratic reforms.

TIB expressed particular concern over Section 13 of the draft law, which removes the Commission’s authority to independently initiate investigations into possible human rights abuses. 

The organization also criticized the removal of provisions that previously allowed the Commission to inspect detention facilities run by intelligence agencies and the military—sites where victims of enforced disappearances and torture were allegedly held during past authoritarian rule.

“Despite the suffering experienced by ordinary citizens, political parties, and even leaders and activists of the current ruling party during the previous authoritarian period, it appears no lessons have been learned,” Dr. Iftekharuzzaman said.

The proposed structure of the commissioner appointment process also drew heavy criticism. TIB warned that including the Speaker of Parliament, the Law Minister, the Home Minister, a ruling party MP, and the Cabinet Secretary in the selection committee would ensure overwhelming control of the Commission by the ruling party.

Dr. Iftekharuzzaman further questioned why a provision included in the interim government ordinance—which explicitly stated that the NHRC “shall not be under any ministry or department of the government”—had been removed from the draft law despite claims that the Commission would remain independent.

TIB also alleged that inclusivity provisions had been weakened. While the interim ordinance required representation from women and ethnic minority communities among commissioners, the draft law replaces those requirements with a vague criterion of selecting “qualified candidates,” raising fears that the Commission could become “male-dominated” and majoritarian in character.

The organization also criticized provisions allowing 30 percent of the Commission’s staff to come from government deputation and permitting serving government officials to become commissioners while retaining ties to their original posts.

“This would effectively transform the institution into a body fully controlled by bureaucracy and the government, as in the past,” Dr. Iftekharuzzaman warned.

Calling the proposed law “contradictory” and “self-defeating,” TIB urged the government to reconsider the controversial provisions and engage meaningfully with concerns raised by rights groups and other stakeholders.

The organization expressed hope that the government would ultimately move toward establishing a genuinely independent and effective National Human Rights Commission in line with the Universal Declaration of Human Rights and its own electoral promises.

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