TIB expresses concern over drafts of national human rights commission

Transparency International Bangladesh (TIB) has expressed deep concern over the drafts of the National Human Rights Commission (NHRC) Act and the Enforced Disappearance Prevention Act. The organization claims that while the drafts contain some positive aspects, they retain significant weaknesses regarding the independence and effectiveness of the human rights commission, alongside provisions that could create opportunities for impunity in cases of enforced disappearances.

These remarks were made by TIB Executive Director Dr. Iftekharuzzaman in a press release sent to the media on Wednesday (August 12).

The drafts of the two acts were approved on August 10 during a cabinet meeting held at the Secretariat. The meeting was presided over by Prime Minister Tarique Rahman.

TIB stated that a review of the two drafts raises the question of how much the government and ruling party have genuinely learned from past experiences of enforced disappearances, killings, and various human rights violations.

TIB Executive Director Dr. Iftekharuzzaman noted that a large portion of human rights violation allegations are directed against members of the disciplined forces. Yet, the proposed law leaves room to make the commission dependent on reports from the government or the head of the concerned force regarding human rights violations committed by disciplined forces.

He claimed that the 2009 law suffered from similar weaknesses, which prevented the commission from playing an effective role in ensuring accountability for human rights violations and hindered it from attaining 'A' status internationally under Paris Principles standards.

TIB also raised objections to the composition of the selection committee for appointing the commission's chairman and commissioners, which includes the Speaker, Law Minister, Home Minister, a ruling party Member of Parliament, and the Cabinet Secretary. According to the organization, since other members of the selection committee are also susceptible to government influence, there is a risk of establishing excessive government control over the commission's appointment process.

Furthermore, TIB expressed concern over the absence of a mandatory requirement to ensure representation of women, minorities, and disadvantaged communities within the commission.

According to TIB, although the drafts describe the commission as an independent and neutral institution, it is not explicitly clarified that it will not be under any ministry or division. Provisions requiring prior government approval for establishing offices outside Dhaka and appointing staff, deputation of government officials, and the opportunity to appoint serving government employees as commissioners could question the commission's independence.

TIB also criticized the omission of the provision titled "Excuses for Human Rights Violations are Unacceptable," which was included in the initial draft formulated during the interim government.

Highlighting the exclusion of military detention centers from the commission's jurisdiction to inspect without prior notice, Dr. Iftekharuzzaman questioned whether this creates an opportunity to maintain secret detention centers or "Aynaghar."

TIB also criticized the Enforced Disappearance Prevention and Remedy Act draft for exclusively vesting the investigation of severe human rights violations like enforced disappearances in the hands of the police.

Dr. Iftekharuzzaman stated that since a large section of those accused in cases of enforced disappearance belong to the disciplined forces, leaving the investigation entirely in the hands of the police could raise questions about the neutrality of the probes.

He also mentioned that the draft provides an opportunity to exempt a senior official from charges based on an interim report prepared by a subordinate investigating officer if an allegation of disappearance is raised against that superior. TIB fears that such provisions could practically create pathways for impunity in cases of enforced disappearance.

TIB alleged that the involvement of public representatives, ministers, or important state figures has not been properly incorporated into the definition of enforced disappearance in the draft. The organization also claimed that the definition of disappearance was not formulated in alignment with Bangladesh's domestic realities and relevant international conventions.

Additionally, TIB stated that crucial powers granted to the human rights commission in the ordinance formulated during the interim government—such as the authority to inspect prisons, holding cells, detention centers, and secret detention centers—were omitted from the approved draft.

The organization stated that in alignment with the spirit of the July mass uprising, the goals of a human rights, accountability, and justice-based state system, and the government's political commitments, the two laws need to be re-evaluated by incorporating the opinions of victims and relevant stakeholders before being introduced in Parliament.