TIB Raises Accountability Concerns Over Two Draft Laws

Transparency International Bangladesh (TIB) has raised serious concerns over two draft laws approved in principle by the Cabinet, saying several provisions could weaken accountability and create scope for impunity.

The concerns relate to the proposed National Human Rights Commission Act, 2026 and the Enforced Disappearance Prevention and Redress Act, 2026.

In a statement, TIB Executive Director Iftekharuzzaman said the government appeared to have overlooked concerns raised by victims, civil society organisations and other stakeholders despite the country's experience of enforced disappearances, killings and other serious human rights violations.

Concerns over Human Rights Commission

TIB said the draft National Human Rights Commission Act retains provisions from the 2009 law that could undermine the commission's independence and effectiveness.

It particularly criticised a provision requiring the commission to rely on reports from the government or heads of relevant forces when investigating alleged human rights violations by law enforcement agencies.

TIB said this creates a conflict of interest because members of law enforcement agencies have themselves been accused of involvement in such violations.

The proposed appointment process has also raised concerns. The selection committee would include the Speaker, law minister, home minister, an MP from the ruling party and the Cabinet secretary.

According to TIB, the composition could give the government excessive influence over the selection of commissioners and undermine the commission's independence.

The organisation also noted that the draft does not guarantee representation of women, minorities or disadvantaged groups among the commissioners or on the selection committee.

TIB had proposed that at least two of the five commissioners be women and that one represent a small ethnic community.

The organisation also criticised provisions requiring government approval to establish commission offices outside Dhaka and allowing up to 30% of its employees to be government officials on deputation.

It said allowing serving government officials to become commissioners on deputation could turn the commission into an institution vulnerable to government influence.

TIB further objected to the removal of a provision from an earlier draft stating that following orders from the government or a superior authority could not be used as a defence for human rights violations.

It also questioned why military detention centres had been excluded from the commission's proposed authority to conduct regular, unannounced inspections of places where people may be deprived of their liberty.

Concerns over enforced disappearance law

TIB said the proposed Enforced Disappearance Prevention and Redress Act also contains provisions that could weaken accountability.

The organisation criticised the decision to give the police sole responsibility for investigating enforced disappearance cases while excluding the Human Rights Commission.

TIB said the arrangement is particularly concerning because law enforcement and other security forces have been accused in many enforced disappearance cases.

It also questioned a provision under which a junior investigating officer would prepare an interim report when a senior official is accused of involvement in an enforced disappearance.

If the report finds insufficient evidence against the senior official, a magistrate could order the official's discharge from the proceedings. TIB said such a process could be vulnerable to institutional or political influence.

The organisation also said the draft's definition of enforced disappearance does not cover elected representatives, ministers and other senior state officials, despite Bangladesh's experience and relevant international standards.

TIB further criticised the omission of safeguards included in the Enforced Disappearances Prevention and Redress Ordinance, 2025.

Those safeguards included powers for the Human Rights Commission to monitor detention conditions, inspect prisons and detention centres, identify secret detention facilities and take lawful measures.

TIB urged the government to revise both draft laws before submitting them to Parliament.

It called for meaningful consultation with victims, civil society and other stakeholders and said the final laws must ensure independent oversight, accountability, human rights protection and access to justice.