Transparency International Bangladesh (TIB) today said it has submitted 19 recommendations to the government, expressing deep concern that the institution proposed under the draft National Human Rights Commission (NHRC) Act, 2026, may fail to function as an independent commission.
The draft law was prepared by the government on May 17 this year.
According to TIB's observations, the draft law makes several fundamental changes compared to the 2025 Ordinance that go against the long-standing public desire for a truly independent and effective NHRC free from government influence. Additionally, these modifications are also inconsistent with the Paris Principles and other international standards.
In a press release, TIB has urged the government to consider the views and recommendations submitted by TIB and other stakeholders and to ensure that meaningful stakeholder participation is included while finalising the law.
TIB noted that, in line with the Paris Principles, the 2025 draft stipulated that “the commission shall be an independent institution and shall not fall under any ministry or division of the government.”
TIB is concerned that the phrase “shall not fall under any ministry or division of the government” has been removed from Section 3(2) of the new draft law. This omission could enable the executive branch to bring the commission under its control and impede its ability to perform its duties independently.
Furthermore, Section 7 of the draft law includes the speaker, two ministers, a member of parliament from the ruling party, and the cabinet secretary as members of the selection committee responsible for appointing commissioners. This creates a risk of executive dominance and political influence in the appointment process, undermining impartiality and giving rise to conflicts of interest.
The anti-graft watchdog has called for the draft law's provisions to be revised, the press release read.
TIB suggested that section 16 include a provision stating that where the accused is a public servant or a member of a disciplined force, intelligence agency, or similar surveillance body, requiring prior approval from a court, tribunal, or, where applicable, the commission shall be required for arrest.
The provision should also specify that prior sanction from the government or the appropriate appointing authority is not required in these circumstances, said the release.
TIB also observed that Section 20 effectively reproduces the corresponding provision of the 2009 Act, thereby restricting the commission's authority to independently investigate allegations of human rights violations by members of disciplined forces and to take action in such cases.
TIB noted that this weakness has been a key reason why the Commission has never obtained “A Status” accreditation from the Global Alliance of National Human Rights Institutions (GANHRI). Accordingly, TIB has called for the repeal of Section 20.
TIB recommends that Section 5(3) include a clear provision requiring that, in appointing the chairperson and commissioners of the commission, at least one member be drawn from an ethnic minority community or a marginalised group and that at least two women commissioners be appointed to ensure gender parity in the composition of the Commission.
TIB further noted that sub-section 6(3)(C) would allow a serving government official to take leave from their position and be appointed as a commissioner.
This provision creates a potential conflict of interest and could undermine the Commission's impartiality and independence. TIB has called for its repeal.
Moreover, TIB has suggested that commissioners should meet a qualification criterion requiring them to have demonstrated political neutrality, commitment to human rights, integrity, and ethical conduct throughout their professional careers.
TIB has also recommended reducing the maximum proportion of commission staff appointed on deputation from public service positions from 30 percent to 10 percent.
TIB recommends amending Section 36(1) to ensure the Commission’s financial independence by including a provision stating that the government shall provide annual funding based on the Commission’s proposed budget and that the allocated funds will be fully available for the Commission’s use. The commission will not require prior government approval to incur expenditures within the approved and designated budgetary categories.
TIB said that if the NHRC does not work independently and effectively, the consequences could be severe, affecting the ruling party, all political parties in parliament, and ordinary citizens, who have already suffered from such institutional failures in the past.
