Weeks after promising stronger legal frameworks to combat state-sponsored human rights violations, the government yesterday presented new draft laws on enforced disappearances and the National Human Rights Commission (NHRC) that critics say strip away independent oversight and institutional strength.
The drafts were unveiled at a stakeholder discussion organised by the law ministry at the CIRDAP auditorium in Dhaka, chaired by Law Minister Md Asaduzzaman.
Stakeholders described the drafts as “watered-down versions” of relevant ordinances, which were passed by the interim administration but allowed to lapse by the elected government.
In parliament last month, the treasury bench had opposed the two relevant ordinances, declining to even table the one on enforced disappearances.
The NHRC ordinance’s repeal reinstated the 2009 law that gave more state control over the agency.
During the parliament session last month, Asaduzzaman and Home Minister Salahuddin Ahmed pledged stronger frameworks to criminalise enforce disappearances and empower the human rights watchdog.
Yesterday, the new NHRC draft drew criticism on two major points.
Firstly, the commission will not have authority to prosecute law enforcement agencies and disciplined forces independently.
For general rights violations, the NHRC may submit investigation reports to courts, which can act on them as testimonial evidence.
But in cases involving disciplined forces, the NHRC must seek a report from the force’s chief or the government.
If satisfied, the commission will close the case; if not, it may issue recommendations, to which the government must respond within six months.
Under the 2009 law, the NHRC is unable to investigate state-sponsored violations such as extrajudicial killings and enforced disappearances. Its powers were limited to requesting government reports on such incidents.
The 2025 ordinance had empowered the NHRC to probe disciplined forces directly.
Secondly, the draft alters the commission’s formation process from what was stated in the ordinance.
The draft says that the body to select the NHRC members and their chief will be chaired by the Speaker and include the law minister, the home minister, the cabinet secretary, one treasury bench lawmaker, one opposition lawmaker, a university professor nominated by the University Grants Commission, and one citizen representative chosen by the president.
Stakeholders noted this departs from the ordinance, which had reduced government dominance by placing an Appellate Division judge chosen by the chief justice at the helm, alongside lawmakers, academics, and citizen representatives from human rights and minority groups.
The other draft law criminalises enforced disappearances committed by state agencies, prescribing penalties from a minimum of 10 years’ imprisonment to the death sentence.
It diverges from the ordinance by abolishing special tribunals for such cases and assigning investigations to the police.
The ordinance had tasked the NHRC with investigating disappearances through its own teams, explicitly barring members of a force from investigating their own agency.
The draft instead empowers police to investigate all cases and determine command responsibility.
Stakeholders warned that sub-inspector-level investigators could be outranked by the very officers they are supposed to probe.
Asaduzzaman defended the provision, saying police are equipped to investigate major crimes of all types.
He added that systemic enforced disappearances, such as those during the Awami League’s tenure, would be prosecuted by the International Crimes Tribunal.
The proposed penalties also drew criticism. Stakeholders argued that a minimum sentence of 10 years could discourage law enforcers from releasing victims of short-term disappearances alive.
Short-term disappearances include detentions exceeding the 24-hour legal limit for producing arrestees before a court but not extending into months or years.
The draft law, however, expands accountability by heavily penalising civilians with superior command responsibility over forces.
Asaduzzaman described enforced disappearance as a “highly sensitive” issue requiring careful consideration.
“There are many aspects that require careful thought. It would not be right to hastily enact a law that, instead of punishing the perpetrator, inadvertently benefits them,” he said.
“If a sudden decision is taken to pass a law that ends up being ineffective, allowing the culprit to escape liability or benefit from it, then such legislation will lose its purpose.
“You can rest assured that a law will be crafted in such a manner that enforced disappearances can never return to Bangladesh again,” he added.
Hafiz Ahmed Chowdhury, secretary of the legislative and parliamentary affairs division of the law ministry, delivered the welcome address at the meeting. Attendees included Sylhet-2 MP Tahsina Rushdir, reserved seat MP and ‘Mayer Daak’ Coordinator Sanjida Islam Tulee, Attorney General Ruhul Quddus Kazal, and UNDP Resident Representative Stefan Liller.
