TIB seeks key revisions to Nat'l Human Rights Commission Act

Transparency International Bangladesh (TIB) has called for major revisions to the proposed National Human Rights Commission (NHRC) Act 2026, warning that the draft legislation, if enacted in its current form, would weaken the commission's independence, limit its investigative powers, and leave Bangladesh without an effective national human rights institution.Newspaper subscription

The anti-corruption organisation raised the concerns at a consultation, titled "Draft National Human Rights Commission Act 2026: Review and Recommendations by Human Rights Forum Bangladesh (HRFB) and TIB", held in the capital on Thursday.

Presenting TIB's assessment of the draft law, its Executive Director (ED) Dr Iftekharuzzaman said the proposed legislation retained several provisions that would place the commission under executive influence, contrary to the international standards, and the spirit of reforms promised by the government.Bangladesh economic report

"The law should clearly establish the NHRC as an independent constitutional body that does not operate under any government ministry," he said, describing the proposal to place the commission under one or more ministries as "unacceptable".

According to TIB, the draft rolls back several safeguards introduced under the NHRC Ordinance 2025, which sought to strengthen the commission's autonomy. Powers previously granted to the commission to function independently have been diluted in the new legislation.

Referring to Section 13 of the draft, Dr Iftekharuzzaman said the commission was not explicitly authorised to inspect detention facilities operated by law enforcement, intelligence or surveillance agencies. TIB recommended that the commission be given the authority to conduct regular inspections of all detention facilities and recommend the closure of any illegal or undisclosed detention centres.

The organisation also criticised Section 20 of the draft, saying it restricts the commission's authority to independently investigate allegations of human rights violations involving members of the law-enforcement agencies. It urged the government to restore the broader investigative powers provided under the 2025 ordinance.

TIB further objected to the reintroduction of a provision requiring prior approval from the relevant government departments before arresting public officials. It argued that such a requirement would weaken accountability and obstruct the rule of law.

While expressing concern over the draft, Dr Iftekharuzzaman acknowledged that it contains several positive provisions. These include reforms to the appointment process for commissioners, disqualification of convicted individuals from serving in the commission, mandatory publication of meeting minutes, stronger accountability for investigating officers, and an expanded mandate for the National Preventive Mechanism.

However, he said those improvements were outweighed by provisions that compromised the commission's institutional independence. "If enacted in its current form, the law will not establish an independent and effective National Human Rights Commission in line with international standards."

Dr Iftekharuzzaman outlined TIB's 19 recommendations, saying that failure to incorporate them would demonstrate the government's lack of genuine commitment to establishing an effective and independent human rights watchdog.

Bangladesh could establish a truly autonomous commission by implementing commitments contained in the BNP's 31-point state reform agenda, election manifesto, and the July Charter.

Reflecting on the ACC's past performance, he noted that successive governments had been unwilling to allow it to operate independently, leaving the institution largely ineffective.

The TIB ED said the governments in Bangladesh had repeatedly weakened independent institutions for political convenience, and such systematic politicisation was uncommon even in many authoritarian states. He warned that attempts to create a politically controlled human rights body would ultimately prove counterproductive for those in power.

"Power is never permanent. Institutions that are politicised today will eventually produce consequences that their creators will have to face."

He also alleged that "anti-reform forces" remained active within the government, saying resistance to institutional reform often came not only from political actors but also from sections of the bureaucracy, a tendency he believed was reflected in the draft legislation.

TIB also called for reforms to the commission's budgetary and recruitment processes to ensure greater institutional autonomy, expansion of its organisational structure to the upazila level, and stronger research and public awareness functions.

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