Draft NHRC ordinance to boost commission's power, independence

Amendments are being brought to the National Human Rights Commission (NHRC) Act-2009. These changes aim to empower the NHRC, which has been operating with limited power and independence, by enhancing its own authority and ensuring unhindered freedom in its work to guarantee the protection and development of human rights. Furthermore, the amendments mandate that the appointment of its Chairman and members must be done through a transparent, open, and competitive process. After the Law Commission's recommendations, the amendment is currently with the Ministry of Law for vetting. The Legislative and Parliamentary Affairs Division of the Ministry of Law has confirmed this information.

Ministry sources indicate that under the National Human Rights Commission (NHRC) Act-2009, the autonomous institution's own power and independence are very limited. In this situation, the NHRC Act-2009 is being amended to make it fully independent, strong, and effective. The new amendment will grant the National Human Rights Commission more independence and increase its power. The government will assist the institution instead of controlling it. Its formation process will also be amended. Currently, a seven-member selection committee is formed under the leadership of the Speaker of the National Parliament. Based on its recommendation, the President appoints the Chairman and members of the Human Rights Commission. The new amendment states that a search committee led by an acceptable person will be formed, and based on its recommendation, the President will appoint the Chairman and members of the Human Rights Commission. The appointment of commissioners must be through a transparent, open, and competitive process. Only individuals of the highest integrity will serve as the Commission's Chairman and members to protect citizens' rights. The amendment states that it will always carry out campaigns nationwide regarding the concept of human rights, human rights violations, and against extrajudicial killings. It will work for greater peace and protection in line with the aspirations of the country's people. Additionally, the amendment mandates that the appointment of NHRC commissioners must be through a transparent, open, and competitive process. Currently, the Chairman and full-time members of the National Human Rights Commission are appointed for a term of 3 years. The Chairman enjoys the status of a Judge of the Appellate Division of the Supreme Court, and the full-time members enjoy the status of a Judge of the High Court Division. It has been learned that the amendment might bring changes regarding the tenure while retaining the status of the Chairman and members.

Regarding this, Law Adviser Dr. Asif Nazrul told Views Bangladesh, "The government is committed to amending the NHRC (National Human Rights Commission) Act, 2009. Through the new amendment, the appointment of its Chairman and Commissioners will be done through an open and competitive process. The institution is being given more independence and power so that Bangladesh can set an example of an independent and trustworthy National Human Rights Commission."

He added that the nationwide consultation process to build the National Human Rights Commission into an independent, acceptable, and effective institution and to restore public confidence in it has been completed. The process of finalizing the legal amendments is now underway.

Manzil Morshed, President of the human rights organization Human Rights and Peace for Bangladesh and a Senior Advocate of the Supreme Court, said "The autonomous National Human Rights Commission is currently a tiger without claws and teeth. Its own power and independence are very limited. In this situation, I hope the amendments being brought to the NHRC (National Human Rights Commission) Act-2009 will play an important role in establishing human rights in the country."

Human rights leader and Supreme Court lawyer Elina Khan said "Strengthening the NHRC is essential for the country's democratic journey and upholding its commitment to human rights. Therefore, some amendments to ensure the Commission's independence, acceptability, and effectiveness were urgent. I hope that once this is done, the NHRC Act will become stronger and more effective."

The National Human Rights Commission (NHRC) is an autonomous body established in December 2007. However, its formal journey began in 2008. Initially, the institution was formed under the provisions of the National Human Rights Commission Ordinance. After the principal ordinance was repealed, it was re-established by the National Human Rights Commission Act, 2009. Subsequently, in 2009, it was reconstituted as the national advocacy institution for the promotion and protection of human rights.