Law, commission on enforced disappearances finalised with UN support

Enforced disappearances remain one of the most serious human rights violations in Bangladesh. Victims and their families endure unimaginable suffering, and over the past few decades, a culture of enforced disappearance has instilled deep fear among the public. In response, the current interim government is set to enact a law specifically addressing enforced disappearances, under which a dedicated commission will also be formed. The draft of the law has already been prepared by the Ministry of Law, and with assistance from the United Nations, both the law and the commission are expected to be in place by July.

According to sources in the Ministry of Law, the legislative and judicial wing of the ministry has finalised the process of enacting the law and forming the commission. The ministry is working in collaboration with the Bangladesh Law Commission, the Attorney General’s Office, and a special prosecutorial body of the Ministry of Home Affairs. Several senior lawyers of the Supreme Court, the National Human Rights Commission, and both local and international human rights organizations are also involved in the process. The United Nations Human Rights Council (UNHRC) is playing a direct role in helping Bangladesh frame this law and set up the commission.

The primary objective of this initiative is to uncover the truth behind both documented and undocumented enforced disappearances that occurred, particularly during the past Awami League government, bring those responsible to justice, and ensure that such incidents are prevented in the future. A draft of the law has already been prepared.

Under this law, the proposed Commission on Enforced Disappearances will assist in investigating such cases, make policy recommendations, and work toward prevention. The commission will also be responsible for tracing missing persons, identifying victims, and investigating the circumstances of their disappearance. The government aims to pass the final version of the law and form the commission by July.

A senior official from the Ministry of Law’s legislative division told Views Bangladesh what the new law will entail:

Criminalization of Enforced Disappearance: The act of enforced disappearance will be classified as a serious crime. Anyone found guilty could face life imprisonment or up to 10 years in prison, depending on the nature of their involvement.

Establishment of a Commission: A powerful and independent Commission on Enforced Disappearances will be formed to investigate incidents, ensure victim rights, and provide legal and institutional support.

Support for Victims' Families: The law will ensure that families of victims are given legal assistance and are informed of their rights.

Compensation: Families of victims will be eligible for state compensation.

Impartial Investigations: Investigations will be carried out with neutrality and transparency.

Justice for Victims: The law mandates that those involved in disappearances must be brought to justice swiftly.

No Exceptions: The law explicitly states that war, internal conflict, or states of emergency cannot be used as justification for enforced disappearances.

Missing Person Certificates: Similar to death certificates, families of the disappeared will be able to obtain official "missing person" documentation, which can be used for legal and civil purposes.


Legal expert and law professor Dr. Asif Nazrul told Views Bangladesh, “The government is enacting a law and forming a commission on enforced disappearances, with active support from the United Nations Human Rights Council. We expect the law to be finalized by July. Once passed, this law will make enforced disappearances highly risky and difficult for any government to carry out.”

When asked whether a future government could repeal the law, he responded, “Any government with enough power can amend even the constitution for its own benefit, as we’ve seen in the past. So yes, a law can also be repealed. However, our responsibility is to protect people and establish human rights through this legislation. We hope this law will be so central to public safety that no government will dare to repeal it. Repealing it would be the equivalent of legitimizing enforced disappearances.”

Attorney General Md. Asaduzzaman told Views Bangladesh, “Once passed, this law will help victims’ families get justice and will be instrumental in preventing future disappearances.”

Advocate Manzill Murshid, President of Human Rights and Peace for Bangladesh (HRPB), said, “Enforced disappearances have occurred under every government. To break this cycle, it is crucial to have a dedicated law and commission. The interim government’s current effort is timely and vital for upholding human rights. But once the law is passed, it is the government’s responsibility to ensure its proper enforcement.”

Legal experts, human rights activists, and international bodies alike are calling this legislation a significant step toward justice and accountability in Bangladesh. Once enacted, the law will mark a turning point in how the country addresses one of its darkest human rights challenges.