Empowering NHRCB to investigate law enforcement: A call for reform

The Asian NGO Network on National Human Rights Institutions (ANNI) and the Asian Forum for Human Rights and Development (FORUM-ASIA) have urged the Bangladesh government to strengthen the National Human Rights Commission of Bangladesh (NHRCB) by filling its vacant leadership positions and empowering it to investigate allegations of human rights violations by law enforcement directly.

In a letter to Dr. Asif Nazrul, Advisor to the Ministry of Law, Justice, and Parliamentary Affairs, the organizations stressed the need for a transparent and participatory selection process and amendments to existing laws to enhance the NHRCB’s effectiveness.

The NHRCB has been without leadership since the resignation of its members on November 7, 2024. The letter, signed by FORUM-ASIA Executive Director Mary Aileen D. Bacalso, highlighted the need to amend Section 18 of the NHRC Act, which currently bars the Commission from directly investigating human rights violations involving law enforcers. Instead, the NHRC must first seek a report from the government, a process that undermines its independence and effectiveness.

This reform has been a long-standing demand among human rights activists and security analysts. Nur Khan Liton, a former executive director of Ain o Salish Kendra (ASK) and a member of the inquiry commission on enforced disappearances, stated that decades of impunity have emboldened law enforcement to commit rights violations. He emphasized that empowering the NHRCB to conduct independent investigations is essential to ensure accountability.

A recent public opinion survey by the Police Reforms Commission, led by Safar Raj Hossain, reinforces this view. According to the survey, 60% of respondents supported the formation of an independent commission to investigate police corruption and crimes, while 20% favored empowering the NHRCB. These findings reflect growing public demand for reforms to address misconduct within law enforcement.

The FORUM-ASIA letter also noted that the NHRCB’s limited powers contributed to its “B” status under the Global Alliance of National Human Rights Institutions’ accreditation system. To achieve an “A” status, which reflects full compliance with the Paris Principles, the Commission must be granted a broad mandate to investigate all human rights violations, including those involving law enforcement.

Bangladesh is one of only two South Asian countries, alongside the Maldives, with a “B” status NHRI. Neighboring countries, including Pakistan, have performed better in this regard. The letter called on the government to grant the NHRC constitutional stature and ensure its independence, enabling it to operate free from external influence.

Human Rights Forum Bangladesh, in a separate letter to the Law Ministry on November 27, echoed these recommendations. It advocated for appointing a chairman with legal expertise, a background in human rights activism, and extensive experience in addressing the country’s human rights challenges. The forum also urged amendments to Section 18 of the NHRC Act to empower the Commission to take action against law enforcement officers who fail to comply with its directives.

The urgency of these reforms cannot be overstated. Law enforcement agencies have frequently faced allegations of rights violations, including arbitrary detention, torture, and enforced disappearances. These actions erode public trust and undermine the rule of law. Strengthening the NHRCB’s mandate to investigate such cases independently would represent a significant step toward accountability and justice.

As Bangladesh seeks to improve its human rights record, empowering the NHRCB through legal reforms and capable leadership is a crucial step. This will not only align the Commission with international standards but also address systemic impunity, ensuring justice for victims and strengthening the country’s democratic institutions.