Human rights activists have voiced concern that the draft law on the National Human Rights Commission (NHRC), prepared after BNP came to power, could once again leave the institution weakened and ineffective.
They argued that the proposed framework would fail to ensure accessible and effective remedies for victims of human rights violations.
Critics also contend that due to structural flaws in the law, the commission – established in 2007 during the military-backed caretaker government – has never been able to function effectively.
While the commission could investigate complaints, its role was limited to issuing non-binding recommendations, and it lacked authority to probe allegations against law enforcement agencies, despite most serious human rights violations being attributed to state security forces, they said.
Following the political shift after the 2024 mass uprising, the interim government issued an ordinance restructuring the commission.
However, after coming to power, the BNP government did not approve it. Instead, a new draft law was published in May, which retains similar provisions while limiting the commission’s authority to recommendations only.
Human rights activist Manzill Murshid told TIMES of Bangladesh that the commission should be empowered as the final authority in cases of human rights violations.
“If someone files a complaint, the commission should be able to investigate and issue binding decisions. It must have both investigative and punitive powers; otherwise, it will remain ineffective,” he said.
He further noted that several changes in the new draft compared to the 2025 interim ordinance undermine efforts to establish a truly independent and effective commission in line with the Paris Principles and international standards.
One major concern is the removal of the provision stating that the commission “shall not be under any ministry or division of the government”, a safeguard that previously ensured institutional independence.
Critics said its omission could weaken the commission’s autonomy.
The 2025 ordinance had clearly defined the NHRC as an independent body not subject to any ministry or division, aligning with international norms.
However, the new draft is seen as reverting to provisions similar to the 2009 law introduced during the previous Awami League government.
Under the draft, the commission’s ability to independently investigate allegations against law enforcement agencies remains restricted, and it omits provisions ensuring representation of women, indigenous peoples, and other marginalised communities as commissioners.
In addition, the Article 7 commissioner selection committee includes the speaker, two ministers, a ruling-party MP, and the cabinet secretary, which critics say risks excessive government influence, undermining neutrality and creating conflicts of interest in appointments.
Murshid emphasised that appointing competent individuals is crucial for the commission’s effectiveness.
“If capable people are appointed, they can address human rights violations meaningfully. A stronger commission in the past could have resolved allegations, including enforced disappearances, internally instead of escalating them against the state,” he said.
He added that a strong human rights commission ultimately acts as a safeguard for any government, not a threat.
