TIB demands extension of deadline for views on draft Enforced Disappearance Prevention Act

Transparency International Bangladesh (TIB) has demanded an extension of the deadline for submitting opinions on the draft 'Prevention and Remedy of Enforced Disappearance Act, 2026', stating that stakeholders were not given sufficient time to review the draft and provide feedback.

In a statement on Wednesday, TIB said the Ministry of Home Affairs uploaded the draft law on its website on July 27 and set the deadline for submitting opinions as July 28 . Describing this one-day timeframe as inadequate, the organisation called for an extension of the deadline by at least two weeks to ensure meaningful participation of victims of enforced disappearance, their families and other stakeholders .

TIB also expressed concern over the recent trend of introducing and passing important laws in parliament without proper review. The organisation cited the passage of the 'Invest Bangladesh Act, 2026' and expressed apprehension that a similar process might be followed for the proposed Enforced Disappearance Act .

Positive provisions acknowledged
TIB Executive Director Dr Iftekharuzzaman said the draft contains several positive provisions, including the recognition of enforced disappearance as a distinct and continuing criminal offence, holding senior officials and those issuing orders accountable, and not accepting national security or similar grounds as a defence for enforced disappearance .

However, he questioned the government's sincerity in seeking stakeholders' views, given the limited time allowed for feedback .

Concerns over police investigation
TIB has raised questions over the provision in the draft that assigns the responsibility for investigating enforced disappearance cases to the police instead of the National Human Rights Commission (NHRC) . The organisation argued that given the specific allegations of involvement of law enforcement personnel in past disappearance incidents, there is doubt whether police can conduct independent and impartial investigations into such cases .

Dr Iftekharuzzaman noted that the ordinance issued during the interim government had assigned the investigation responsibility to the NHRC, and questioned why that position had been changed in the proposed law .

Concerns over Section 15
The organisation also expressed concern over Section 15 of the draft, which allows the investigating officer to submit an interim report and permits the competent magistrate to discharge senior officials if sufficient evidence is not found . TIB argued that given the existing administrative structure, it is difficult for subordinate officers to investigate or report against superiors, which could weaken accountability and provide protection to those accused of involvement in enforced disappearances .

The organisation called for the draft law to be revised through inclusive discussions incorporating recommendations from victims, civil society and other stakeholders, and aligned with international best practices .

It may be noted that the 'Prevention and Remedy of Enforced Disappearance Ordinance, 2025' and the 'National Human Rights Commission Ordinance, 2025' issued during the interim government did not subsequently receive parliamentary approval. The ordinance had for the first time given the NHRC the power to investigate security forces directly.