Three key oversight bodies -- the Anti-Corruption Commission (ACC), the Information Commission and the National Human Rights Commission (NHRC) -- remain largely inactive with little to no progress in their reconstitution, undermining critical safeguards for accountability, transparency and human rights.
Progress has been slow in forming the search committees that nominate the chiefs and members of the ACC and the Information Commission.
Recently, the chief justice (CJ) nominated two judges to form the search committee for reconstituting the ACC and assigned another judge to the search panel for the Information Commission.
Judges of the Appellate Division and the High Court Division typically serve as the CJ's representatives on the search committees tasked with reconstituting the two commissions.
Mohammad Habibur Rahman Siddiquee, registrar general of the Supreme Court, told The Daily Star yesterday that the nominations for the search panels for the ACC and Information Commission were sent to the ministries concerned on June 14.
However, he declined to disclose the names of the nominees.
Meanwhile, the law ministry is still working on amendments to a law related to the NHRC, delaying the commission’s reconstitution, several government sources told The Daily Star.
ACC
Under the existing law, the CJ nominates one judge each from the Appellate and the HC divisions for forming the five-member selection committee that selects the ACC chief and commissioners.
The comptroller and auditor general, the chairman of the Public Service Commission, and the most recently retired cabinet secretary also serve as committee members.
The CJ recently nominated two judges to form the search panel following a request from the Cabinet Division on May 24.
Following the July mass uprising, the ACC chairman and two commissioners resigned on October 29, 2024. More than a month later, the interim government reconstituted the ACC, headed by Abdul Momen, who previously served as the home secretary.
Momen, along with two commissioners, stepped down on March 3 after the BNP government took office. Although the ACC law states that a new commission must be reconstituted within a month of the resignation of its chief and members, it has not been formed even after three and a half months.
INFORMATION COMMISSION
According to the Right to Information Act, a five-member search committee, led by a judge from the Appellate Division, must be formed to reconstitute the commission.
The committee will include the cabinet secretary, a lawmaker each from the ruling and opposition parties selected by the Speaker, and a journalist with the qualifications of an editor.
The CJ recently nominated a judge to form the committee following an April 16 letter from the information ministry, which provides secretarial support for reconstituting the commission.
Earlier on September 10, 2024, the interim government relieved Chief Information Commissioner Abdul Malek and Commissioner Shahidul Alam of their duties. It announced plans to reconstitute the commission, but ultimately failed to form a search committee.
An Information Commission official said there has been almost no organisational activity over the past two years, causing immense suffering to service seekers.
At least 40 complaints were pending with the commission till September 2024 but the figure jumped to 780 as of June 15, said the official.
The commission’s primary role is to assist citizens in accessing information from government and non-governmental organisations (NGOs). Individuals can lodge complaints if any organisation refuses to provide requested information.
It also oversees the enforcement of citizens’ right to information and ensures that relevant organisations comply with the provisions and regulations of the Right to Information Act.
NHRC
Following the fall of the Awami League government, the then NHRC chairman and members resigned in November 2024. The interim government then formed a new commission through the promulgation of an ordinance on February 5 this year.
However, that commission eventually lost its validity as the ordinance was not ratified by the current parliament, leaving one of the most important institutions for protecting human rights in a state of stagnation.
Now the NHRC is being run under the National Human Rights Act 2009, which doesn’t stipulate any timeframe for the government to reconstitute the commission.
According to the law, the Speaker of the Jatiya Sangsad will head a seven-member panel for forming the NHRC. The committee will include the law minister, home minister, chairman of the Law Commission, cabinet secretary, and one lawmaker each from the ruling party and the opposition as members.
Seeking anonymity, an NHRC official said that despite receiving many complaints of human rights violations, they have been unable to take necessary steps in the absence of decision-makers at the top.
According to the latest data from the NHRC secretariat, 1,283 complaints were pending as of June 17, while the number was 538 in July 2024.
The reconstitution of the NHRC has been delayed as the government seeks to amend a relevant Act beforehand. The law ministry is still preparing the draft, said officials at the Legislative and Parliamentary Affairs Division, which provides secretarial support for the process.
When contacted, Hafiz Ahmed Chowdhury, secretary of the division, said,
“The process of amending the Human Rights Act is underway. In the meantime, discussions have been held on the draft amendments. Once the law is amended, initiatives can be taken to form the commission.”
