Transparency International Bangladesh (TIB) has expressed deep concern over the cabinet's in-principle approval of the draft National Human Rights Commission Act, 2026, and the draft Enforced Disappearance Prevention and Redress Act, 2026, saying that key recommendations from stakeholders were ignored.
The anti-graft watchdog also questioned whether the government and the ruling party had learned any lessons from enforced disappearances, killings, and other "brutal and multifaceted" human rights violations committed during the ousted authoritarian regime.
In a statement today, TIB said that while the two cabinet-approved drafts contain several positive provisions, they retain clauses that stakeholders warned could obstruct the independent and effective functioning of the NHRC.
Similarly, the draft Enforced Disappearance Prevention and Redress Act retains provisions that could facilitate impunity for members of agencies accused of involvement in the majority of enforced disappearance cases during the authoritarian period, TIB said.
It is a major concern that the commission depends on reports from the government or force chiefs in cases of human rights violations by disciplined forces, said TIB Executive Director Iftekharuzzaman.
He said Section 18 of the 2009 National Human Rights Commission Act has been reproduced in the new draft, despite shortcomings that earlier prevented the commission from ensuring accountability or preventing rights violations by disciplined forces.
TIB criticised the proposed selection committee for appointing the commission's chairperson and commissioners, which would include the Speaker, law minister, home minister, a ruling party MP, and the Cabinet secretary.
According to the graft watchdog, the government would retain control over nominating at least two of the three committee members, posing a serious risk of dominance over appointments.
The draft also does not make it mandatory to appoint a woman among the five commissioners or ensure women's representation on the selection committee; it also lacks mandatory provisions for the representation of minorities and other disadvantaged groups, TIB said.
TIB said civil society had demanded that at least two of the five commissioners be women and one member be from a small ethnic group to ensure pluralistic representation in line with international standards.
Although the approved draft describes the commission as independent and impartial, it does not clearly state that it will remain outside the control of any government ministry or division, Iftekharuzzaman said.
He also criticised provisions that require government approval to open offices outside Dhaka and to set the organisational structure for appointing staff.
The provision allowing up to 30 percent of government employees to be appointed on deputation, along with the option of naming serving officials as commissioners, could effectively turn the commission into a government body, he said.
TIB also criticised the draft Enforced Disappearance Prevention and Redress Act for placing the investigation of enforced disappearances entirely under the police while keeping the matter outside the jurisdiction of the Human Rights Commission.
The organisation argued that this is particularly problematic because many of those accused of involvement in enforced disappearance cases are members of disciplined forces.
If a senior official is accused of involvement in an enforced disappearance, the draft requires a junior investigating officer to prepare and submit an "interim report", Iftekharuzzaman said.
If the report does not find satisfactory evidence against the senior official, the competent magistrate may order the official's discharge from the proceedings, TIB said. Iftekharuzzaman questioned whether such a mechanism could realistically remain free from influence.
"Will this provision actually help prevent and redress enforced disappearance, or will it in practice ensure impunity for the crime?" he asked.
TIB also said the draft's definition of enforced disappearance does not include the involvement of elected representatives, ministers, or other important state officials.
As a result, the definition does not reflect Bangladesh's actual experience or conform to relevant international conventions, the organisation said.
It further pointed out that the Enforced Disappearances Prevention and Redress Ordinance, 2025, enacted during the interim government, had given the Human Rights Commission powers to monitor compliance with safeguards relating to detention, inspect prisons, lock-ups, and detention centres, visit facilities to identify secret detention centres, and take lawful measures.
"These important functions have not been incorporated into the Cabinet-approved draft," TIB said.
TIB urged the government to revise both draft laws before placing them before parliament, taking into account the views of victims and stakeholders.
