TIB urges major revisions to draft Human Rights Commission Act

Transparency International Bangladesh (TIB) has submitted 19 recommendations to the government, expressing concern that the proposed National Human Rights Commission (NHRC) under the draft National Human Rights Commission Act, 2026, may lack the independence required to function effectively.

The recommendations, submitted on Monday, relate to the draft law prepared on 17 May 2026. 

According to TIB, several provisions represent a significant departure from the 2025 Ordinance and undermine the long-standing demand for an independent and effective human rights body free from government influence. 

The organisation also argues that parts of the draft are inconsistent with the Paris Principles and other international standards.

TIB noted that the 2025 draft explicitly stated that the commission would be an independent institution not under any government ministry or division. 

However, the corresponding provision in the new draft omits this safeguard, raising concerns that the executive could exert control over the commission and compromise its independence.

The organisation also criticised the composition of the selection committee for appointing commissioners. 

The proposed committee includes the Speaker, two ministers, a ruling-party MP and the cabinet secretary, which TIB says risks political influence and conflicts of interest. It has called for these provisions to be revised.

TIB further urged the inclusion of stronger powers for the Commission, including authority to conduct regular inspections and investigations of detention facilities operated by law enforcement agencies, intelligence bodies and the armed forces. 

It also recommended empowering the Commission to propose improvements to detention conditions and recommend the closure of unlawful facilities.

Regarding accountability for human rights violations, TIB proposed that public officials and members of disciplined forces accused of such offences should be subject to arrest with court or Commission approval, without requiring prior government sanction.

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The organisation also called for the repeal of Section 20, arguing that it limits the Commission’s ability to independently investigate allegations against members of disciplined forces. 

TIB said this weakness has contributed to Bangladesh’s NHRC failing to secure “A Status” accreditation from the Global Alliance of National Human Rights Institutions.

In addition, TIB recommended mandatory representation of ethnic minorities, marginalised groups and women within the Commission, stricter eligibility criteria for commissioners, limits on deputation-based staffing, and greater financial autonomy.

TIB warned that a weak and ineffective NHRC could have serious consequences for citizens and political institutions alike, urging the government to finalise the law through an inclusive process that incorporates stakeholder recommendations.