The government’s approval of the draft National Human Rights Commission Act 2026, despite concerns and objections, has raised fears among rights activists that the institution may remain ineffective, as it was in the past.
Critics say key safeguards introduced through an interim government ordinance have been removed from the proposed law, while weaknesses of the 2009 law have been retained.
The ordinance had given the commission greater authority to investigate allegations of human rights violations involving state and security forces. However, those powers have not been included in the new draft.
Human rights activist and former interim government-appointed commissioner Nur Khan told TIMES of Bangladesh that the proposed law would significantly limit the commission’s ability to fulfil its mandate.
“With the provisions included in the draft, the scope for the Human Rights Commission to achieve its desired objectives is extremely limited,” he said.
Under the draft, the commission will not be able to independently investigate allegations against state or government forces. Instead, it will have to seek reports from the force or police concerned.
The draft also does not specify a deadline for government responses to queries from the commission. However, if the response is deemed unsatisfactory, the commission may take further steps in certain cases.
“This is exactly why the commission failed to protect human rights in the past as well,” Nur Khan said.
Past limitations
National Human Rights Commission was established in December 2007 through an ordinance during the military-backed caretaker government.
After the Awami League government came to power in January 2009, the ordinance was converted into law. However, even after 17 years, the commission has failed to achieve “A” status under international standards.
During the AL government’s 15-year tenure, law enforcement agencies faced allegations of illegal detention and enforced disappearances. Rights activists said complaints often went unresolved even after approaching the commission.
A 2010 assessment by the commission found that its ability to investigate serious rights violations, including enforced disappearances, extrajudicial killings and custodial torture, remained extremely limited.
Interim government ordinance
Following the fall of the AL government during the 2024 uprising, the interim government dissolved the commission and later reconstituted it through an ordinance.
The ordinance allowed the commission to directly investigate allegations of human rights violations and enforced disappearances involving law enforcement and security forces.
It also empowered the commission to inspect prisons, detention centres, security custody facilities and secret detention centres without prior approval.
The ordinance made compliance with commission orders mandatory and included provisions for legal action against officials responsible for violations.
Concerns emerged after the BNP government decided not to approve the ordinance and announced a review before introducing a new law.
The draft published on 17 May limited investigative powers and created scope for greater government influence over the commission’s structure, appointments, administrative control and investigations.
On 10 June, Transparency International Bangladesh (TIB) expressed concern, saying the commission would not become effective if such provisions remained unchanged.
Concerns over government control
Interim government-appointed commissioner Ilira Dewan told TIMES that the proposed law largely retained the 2009 framework.
“I would like to make a comment here that the 2009 law has been retained. Only some changes will be made, one of which is that the number of members will be increased,” she said.
Nur Khan said the draft contained several weaknesses.
“There are many more weaknesses. The government will have control over the five-member commission,” he told TIMES.
TIB said the selection committee for appointing the chairman and commissioners includes the Speaker, law minister, home minister, a ruling party MP and the Cabinet secretary.
It said government control over the nomination of at least two other members created a serious risk of dominance over appointments to the commission.
Nur Khan said the draft also included some improvements compared with the 2009 law.
He said provisions had been included to allow university professors, civil society representatives and representatives of ethnic minorities or disadvantaged communities to participate in the selection process.
According to the draft, the search committee will send two names for each post to the president. The appointment process will be completed through a nine-member committee led by the Speaker.
The five-member commission must include at least one woman. Qualified candidates from ethnic minorities and disadvantaged communities will receive priority.
The National Human Rights Commission Bill 2026 is expected to be placed before Parliament during the upcoming session scheduled to begin on 27 August 2026.
