Draft Rights Law May Fail Independence Test, Warns TIB

Transparency International Bangladesh (TIB) has voiced significant concerns over the draft National Human Rights Commission (NHRC) Act, 2026, submitting 19 recommendations to the government. TIB argues that the proposed legislation fundamentally alters the 2025 Ordinance in ways that undermine the public's long-standing desire for an independent NHRC, free from government influence. These changes also appear inconsistent with the Paris Principles and international standards for national human rights institutions.

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The draft law makes several fundamental changes compared to the 2025 Ordinance that go against the long-standing public desire for a truly independent and effective NHRC free from government influence.

TIB's primary worry centers on the removal of the phrase "shall not fall under any ministry or division of the government" from Section 3(2) of the draft law. This omission, TIB fears, could allow the executive branch to exert control over the commission, hindering its ability to operate impartially. Furthermore, the composition of the selection committee for appointing commissioners, as outlined in Section 7, includes high-ranking government officials, raising concerns about executive dominance and political influence in the appointment process.

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The phrase “shall not fall under any ministry or division of the government” has been removed from Section 3(2) of the new draft law. This omission could enable the executive branch to bring the commission under its control and impede its ability to perform its duties independently.

The anti-graft watchdog also highlighted issues with Section 16, which TIB suggests should allow for the arrest of public servants or members of disciplined forces without prior government sanction, provided court approval is obtained. Additionally, TIB noted that Section 20 restricts the commission's power to investigate human rights violations by disciplined forces, a weakness that has historically prevented the NHRC from achieving "A Status" accreditation from the Global Alliance of National Human Rights Institutions.

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Section 7 of the draft law includes the speaker, two ministers, a member of parliament from the ruling party, and the cabinet secretary as members of the selection committee responsible for appointing commissioners. This creates a risk of executive dominance and political influence in the appointment process, undermining impartiality and giving rise to conflicts of interest.

TIB has formally urged the government to incorporate the views of stakeholders and ensure meaningful participation in the finalization of the law. The organization stressed that revising the draft's provisions is crucial for establishing a truly independent and effective human rights commission in Bangladesh.

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TIB urged the government to consider the views and recommendations submitted by TIB and other stakeholders and to ensure that meaningful stakeholder participation is included while finalising the law.