Reforming human rights commission

An independent, strong and effective human rights commission is indispensable for the protection and promotion of human rights. For decades, Bangladesh has faced censure both within the country and abroad for violation of human rights, particularly in the form of extrajudicial killings and enforced disappearances. But its National Human Rights Commission (NHRC) has remained weak and ineffective - a toothless tiger in the face of grave human rights abuses. With the interim government pledging to place human rights on a solid foundation and having already signed the International Convention on Enforced Disappearances, the need for reforming and strengthening the NHRC is more urgent than ever.

In this context, the government has recently unveiled the draft National Human Rights Commission (NHRC) Ordinance 2025, with an aim to strengthen the NHRC in line with international standards. The proposed ordinance, once enacted, will replace the NHRC Act of 2009. 

The NHRC has long been ineffective, consistently ranked in the "B" category in international assessments. Of the 118 countries that have established national human rights institutions (NHRIs), 91 hold "A" status while 27 are classified as "B". Regrettably, only Bangladesh and the Maldives fall into the latter category in South Asia, while India, Pakistan, Nepal, and Sri Lanka have secured "A" status from the Global Alliance of National Human Rights Institutions (GANHRI).

NHRIs are graded based on compliance with the Paris Principles, adopted by the United Nations General Assembly in 1993. These principles are regarded as the guiding principles for the formation and functioning of the commissions. These principles provide a set of internationally recognised standards to assess the credibility, independence and effectiveness of NHRIs. They also direct that the legal status of a commission has to be strong enough for it to be able to exercise its power independently. It also calls for making the selection procedure of its commissioners open and credible.

The NHRC of Bangladesh remained weak mainly because of some limitations in its legal framework, recruitment procedures and funding mechanisms. Although it has been a statutory body on paper, authorised to monitor and investigate violations of human rights, no matter who the perpetrator may be, in reality it has been far from independent. The newly proposed act seeks to bring the NHRC closer to the Paris Principles by complying with the key recommendations of the GANHRI.

The draft ordinance proposes appointing chairpersons and commissioners with proven contributions in promoting human rights, particularly in the fields of law and justice, education, healthcare, social services, human welfare and environmental conservation. The selection committee for the chairman and commissioners will comprise one judge of the Appellate Division of the Supreme Court, nominated by the Chief Justice, who will also serve as chairman; two Members of Parliament, one nominated by the ruling party and the other by the opposition; one female professor from a recognised Bangladeshi university, nominated by the University Grants Commission; one internationally reputed human rights activist or a civil society representative, nominated by the President; the President of the National Press Club or a journalist representative nominated by him; and one representative from small ethnic groups or disadvantaged communities. From the names recommended, the President will then appoint the commissioners.

Currently, the speaker of the parliament heads a seven-member search committee. Since the establishment of the NHRC, five commissions have been formed, with one chairman serving two consecutive terms. Except for a single university professor, all the chairmen have been retired top bureaucrats. Despite repeated criticism from civil society, the previous government appointed bureaucrats to these positions. Moreover, not a single civil society representative with real experience in human rights work has ever been appointed to the commission. Given their close ties to the government, it was hardly surprising that such appointees refrained from taking actions that would displease those in power. This structural flaw fundamentally undermines the NHRC's authority as an advocate and protector of human rights in Bangladesh. As a result, successive commissions have failed to play their expected role and, more importantly, to earn the trust of the people. 

Therefore, overhauling the recruitment process under the National Human Rights Commission Act has become urgent. Ensuring fairness and transparency in recruitment is the foremost requirement for making the NHRC functional. At the same time, it cannot be denied that the success and effectiveness of such an institution depend on political will, an enabling environment and strong leadership.

Another fundamental weakness of the NHRC Act 2009 lies in the commission's mandate, which excludes its power to investigate certain bodies, such as the armed forces and other law enforcement agencies. When most of the worst human rights violations are perpetrated by law enforcers, and the NHRC lacks the mandate to investigate them, impunity is inevitable. The draft ordinance proposes to remove this restriction, empowering the commission to directly investigate and inquire into allegations against any government authority.

The commission also lacks financial independence, as its budget is allocated through the Ministry of Law rather than directly to the NHRC. This arrangement has created opportunities for the Executive to exert control over its activities. To address this, the new draft proposes granting the NHRC autonomy over its own budget. In addition to receiving funds directly through annual budgetary allocations, the commission will also be able to access fund from local and foreign donors. Furthermore, as the commission has so far remained Dhaka-centric, the draft envisions expanding its presence to the divisional, district, and even upazila levels, and providing it with necessary manpower.

Overall, the draft NHRC Ordinance proposes a fairly comprehensive set of measures to strengthen the Human Rights Commission. To further reinforce the commission's independence and authority, the government could also consider elevating the NHRC to the status of a constitutional body. However, the government's responsibility does not end with the drafting an ordinance, it must also ensure its enactment and effective implementation. Reforming and strengthening the NHRC is not merely about fixing a single institution, it is about reinforcing the pillars of democracy, justice and accountability. A credible and empowered NHRC could go a long way towards restoring public confidence in the state institutions and enhancing the country's image internationally.

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