Civil society for empowered, independent HRC

Convener of the Citizen's Platform for SDGs Dr Debapriya Bhattacharya has underscored the need for an empowered and independent National Human Rights Commission (NHRC) to ensure accountability and safeguard citizens' rights.

He made the call while presenting an inaugural statement on the draft National Human Rights Commission Ordinance 2025 at a dialogue organised by the platform at a city hotel on Saturday. He said that the proposed framework lacks adequate authority and effectiveness to meet citizens' expectations and address pressing human rights concerns.

The Commission, he said, must be entrusted to individuals who are not only honest and principled but also courageous enough to confront powerful interests when necessary. "A commission without the necessary mandate and leadership cannot fulfil its responsibility towards people," Dr Bhattacharya remarked, emphasising the importance of strong and independent leadership to uphold justice and human dignity.

Justice Moinul Islam Chowdhury, head of the Commission of Inquiry on Enforced Disappearances, noted that the Universal Declaration of Human Rights of 1948 has also been reflected in Bangladesh's Constitution. He observed that the existing NHRC, formed under the National Human Rights Commission Act 2009, lacks potency, as it has been unable to hold violators accountable with sufficient authority. He added that the new draft ordinance has been  prepared to address these shortcomings and to strengthen the Commission's role.

Renowned lawyer Dr Shahdeen Malik observed that a modern human rights commission should function in three areas-recommendation, investigation, and implementation.

Speaking on the occasion, Executive Director of Transparency International Bangladesh (TIB) Dr Iftekharuzzaman questioned why the Information Commission and NHRC had not been reconstituted in the past year, urging the government to clarify. He also stressed that eligibility criteria for the chairperson and members must be clearly defined.

Supreme Court lawyer Sara Hossain argued that the draft law's provision requiring the Commission's annual report to be submitted to the President should be revised so that it is instead presented before parliament. She also pointed out ambiguities regarding arbitration provisions.

Noted lawyer Jyotirmoy Barua said that the draft does not address dual citizenship issues for Commission leadership and slammed the six-month investigation timeframe as unnecessarily long. He cited India's mixed record, where the commission has been relatively effective in some areas but ineffective in addressing rights violations in the Kashmir.

Chief of the Women's Reform Commission Shireen Parveen Haque linked the emergence of commissions to the July Uprising and the anti-discrimination movement. She questioned whether international charters signed by Bangladesh were adequately reflected in the draft law and cautioned against the overuse of ordinances by political governments.

Sanzida Islam of Mayer Dak shared her personal experience, recalling that when her brother was a victim of enforced disappearance, the NHRC failed to provide support beyond sending letters. She stressed that after the July uprising, the government bears a duty to strengthen the Commission's role.

Head of the Chakma Circle Queen Yan Yan emphasised the need for a genuinely independent body, cautioning that state institutions, particularly law enforcement agencies, should not be excluded from scrutiny. She emphasised that incidents of enforced disappearances were not limited to the Chittagong Hill Tracts but were widespread across the country.

Khandaker Jahurul Alam of the Centre for Services and Information on Disability (CSID) urged inclusion of disability rights in the new law.

The Ministry of Law, Justice and Parliamentary Affairs has drafted the NHRC 2025 Ordinance and made it available on its official website for public feedback. Regional consultations are underway, and a national-level consultation will also be held. UNDP Bangladesh is providing technical support, while UN agencies have jointly submitted recommendations on the existing NHRC Act 2009.

Experts hope that civil society inputs, human rights defenders' views, and citizens' feedback will be incorporated into the final draft to strengthen the Commission's independence and effectiveness.

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