New Act may tighten government grip on NHRC, fears TIB

Transparency International Bangladesh has expressed grave concern saying that the draft National Human Rights Commission Act 2026 could make the rights body dependent on the government and law enforcement agencies.

The anti-corruption international organization has observed that if the draft law is passed in its current form, the National Human Rights Commission may become a government-controlled organization instead of an independent constitutional institution.

The anti-graft watchdog claims that some fundamental changes have been made in the draft law that may weaken the independence, impartiality and effectiveness of the commission. For this reason, TIB has called for discussions with stakeholders and consideration of at least 19 important recommendations before finalizing the law.

The organization expressed its concerns in a statement on Wednesday after submitting its recommendations to the government on June 8.

According to TIB, there are some changes in the new draft law compared to the 2025 ordinance, which are not only contrary to public aspirations, but are also not consistent with the internationally recognized ‘Paris Principles’.

The 2025 ordinance clearly stated that the Human Rights Commission is not under any ministry or government department and will function as an independent institution. But that important part has been omitted from the new draft law.

According to TIB, this will increase the influence of the executive branch over the commission and will question its ability to take an independent stand against the government in cases of human rights violations.

The process of appointing the commissioner has also come under criticism. The selection committee proposed in the draft law includes the Speaker of the National Assembly, two ministers, an MP from the government party and the Cabinet Secretary.

According to TIB, this structure will effectively bring the appointment process under government control and undermine the impartiality of the commission. The organization also believes that if appointments are not ensured to be free from political influence in sensitive institutions such as those protecting human rights, the credibility of the commission could be seriously damaged.

The TIB has also questioned not only the appointment, but also the commission's investigative powers. According to them, the commission should have free access to law enforcement agencies, intelligence agencies and potential detention centers. The law needs to clearly ensure the right to independent investigation into allegations of disappearance, torture, illegal detention or death in custody. But the current draft does not provide that guarantee.

The TIB has also demanded that the existing complications in taking action against government officials or members of the law enforcement agencies be removed. According to the organization, it will be difficult to ensure accountability of those in power if the obligation of prior permission from the government remains. Therefore, it has been recommended that permission from the court, tribunal or commission be considered sufficient.

The issue of inclusive representation has also gained importance in the draft law. TIB wants the commission to have at least one representative from a minority ethnic group or disadvantaged population and at least two female commissioners. At the same time, they have demanded that the opportunity for serving government officials to become commissioners on leave be abolished and clear eligibility criteria be set for human rights.

There are also concerns about the issue of financial independence. According to the TIB, if the commission's budget is completely dependent on government control, the independence of the institution may be affected. Therefore, it has been recommended to ensure financial autonomy in the law.

The organization has warned that the main strength of a human rights commission is its independence and impartiality. If that foundation is weakened, it will have a negative impact not only on the human rights situation, but also on the entire democratic structure. The ruling party, the opposition party and the common citizen - everyone can be victims.

That is why the TIB has called for a reconsideration of the draft law with the opinions of all stakeholders instead of passing it in a hurry. The organization believes that if the institution formed to protect human rights is not independent itself, then there is a risk that the last refuge for protecting civil rights will also be weakened.