STAFF CORRESPONDENT

Weeks after promising stronger legal frameworks to combat state-sponsored human rights violations, the government yesterday presented new draft laws on enforced disappearances and the National Human Rights Commission (NHRC) that critics say strip away independent oversight and institutional strength.

The drafts were unveiled at a stakeholder discussion organised by the law ministry at the CIRDAP auditorium in Dhaka, chaired by Law Minister Md Asaduzzaman.

Stakeholders described the drafts as “watered-down versions” of relevant ordinances, which were passed by the interim administration but allowed to lapse by the elected government.

In parliament last month, the treasury bench had opposed the two relevant ordinances, declining to even table the one on enforced disappearances.

The NHRC ordinance’s repeal reinstated the 2009 law that gave more state control over the agency.

During the parliament session last month, Asaduzzaman and Home Minister Salahuddin Ahmed pledged stronger frameworks to criminalise enforce disappearances and empower the human rights watchdog.

Yesterday, the new NHRC draft drew criticism on two major points.

Firstly, the commission will not have authority to prosecute law enforcement agencies and disciplined forces independently.

For general rights violations, the NHRC may submit investigation reports to courts, which can act on them as testimonial evidence.

But in cases involving disciplined forces, the NHRC must seek a report from the force’s chief or the government.

If satisfied, the commission will close the case; if not, it may issue recommendations, to which the government must respond within six months.

Under the 2009 law, the NHRC is unable to investigate state-sponsored violations such as extrajudicial killings and enforced disappearances. Its powers were limited to requesting government reports on such incidents.

The 2025 ordinance had empowered the NHRC to probe disciplined forces directly.

Secondly, the draft alters the commission’s formation process from what was stated in the ordinance.

The draft says that the body to select the NHRC members and their chief will be chaired by the Speaker and include the law minister, the home minister, the cabinet secretary, one treasury bench lawmaker, one opposition lawmaker, a university professor nominated by the University Grants Commission, and one citizen representative chosen by the president.

Stakeholders noted this departs from the ordinance, which had reduced government dominance by placing an Appellate Division judge chosen by the chief justice at the helm, alongside lawmakers, academics, and citizen representatives from human rights and minority groups.

SEE PAGE 2 COL 1