Transparency International Bangladesh (TIB) has described the government’s decision to allow stakeholders only one day to submit views on the draft “Prevention and Redress of Enforced Disappearance Act, 2026” as a “mockery.”
The draft law was uploaded to the Ministry of Home Affairs’ website on 27 July, with a deadline for submissions set for 28 July.
In a statement issued on Wednesday, TIB expressed fears that the government may be planning to abuse its absolute majority to hurriedly pass the law, citing the recent example of the Invest Bangladesh Act, 2026, which was introduced as a supplementary agenda item in violation of parliamentary Rules of Procedure.
TIB Executive Director Dr Iftekharuzzaman acknowledged several positive provisions in the draft, including the recognition of enforced disappearance as a distinct and continuing criminal offence, the holding of senior officials and those issuing orders accountable, and the declaration that state security cannot justify such acts.
However, he noted that the extremely short window for feedback demonstrates a lack of goodwill.
“The recent instances of violating the Rules of Procedure of Parliament in passing several important laws have raised concerns that a similar practice of abusing the power of an absolute majority is being imposed in the case of this draft law as well,” Dr Iftekharuzzaman said.
Concerns over police investigations
A major point of contention for the organisation is the provision assigning responsibility for investigating enforced disappearance cases to the police instead of the National Human Rights Commission (NHRC).
Dr Iftekharuzzaman questioned the feasibility of impartial investigations by the police, given specific allegations that law enforcement members were involved in past disappearances.
He noted that an ordinance issued during the interim government had previously assigned this responsibility to the NHRC.
“How, then, could such a provision be included under a government that came to power with a strong public mandate, especially when many of its prominent leaders and activists… have direct experience of enforced disappearance and killings by law enforcement agencies during the previous authoritarian regime?” he asked.
Legal ‘loopholes’
The TIB chief also raised alarms regarding sub-sections (1) and (2) of Section 15 of the draft law. He argued that it is unrealistic for a subordinate investigating officer to submit an interim report against a superior officer.
A provision allowing a magistrate to discharge a senior official if the subordinate’s report lacks satisfactory evidence could effectively create a legal avenue for protecting the accused.
Dr Iftekharuzzaman warned that such provisions would allow the Ministries of Home Affairs and Law to maintain control over cases, ensuring the government’s narrative remains the official account.
Demand for extension
TIB pointed out that prominent figures across the political spectrum in the current Parliament were themselves victims of enforced disappearance during the previous authoritarian era.
The organisation has strongly called on the government to extend the deadline for submitting views by at least two weeks.
It further urged the government to comprehensively revise the draft through an inclusive process that incorporates the recommendations of victims and stakeholders while reflecting international best practices.
