Draft law may curtail power of NHRC if enacted: TIB
The anti-corruption watchdog also argues that the power previously granted to enable the commission to operate independently has been weakened.
Transparency International Bangladesh has expressed concern over the proposed draft "National Human Rights Commission Act," warning that, if enacted, it could significantly curtail the commission's power and independence.
The power previously granted to enable the commission to operate independently has been weakened, TIB Executive Director Iftekharuzzaman said, speaking at a consultation meeting at the Midas Centre in the capital today (2 July).
Pointing to section 13 of the draft, Iftekharuzzaman said that the section does not explicitly authorise the commission to inspect suspected secret detention facilities operated by law enforcement, intelligence or surveillance agencies, including alleged "Aynaghar".
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Under the draft law, the commission's role in inquiring and investigating allegations of human rights violations committed by law enforcement agencies or their members is significantly curtailed. Instead of conducting its own investigations, it is limited to requesting a report from the head of the relevant law enforcement agency or the government and making recommendations solely based on that report, he said.
TIB recommended that section 20 of the draft law should be repealed and replaced with a provision empowering the commission to independently inquire into and investigate such allegations.
Following such investigations, the commission should be authorised to recommend appropriate penalties, compensation, administrative measures, and disciplinary action against the individuals or institutions found responsible, he said.
TIB further criticised the reintroduction of a provision requiring prior approval from the relevant government department before government officials can be arrested.
It recommended removing the requirement, arguing that it could impede accountability and the enforcement of the rule of law.
The draft omits the provision stating that "The Commission shall be an independent body and shall not fall under any ministry or division of the government".
The removal of this clause creates scope for the executive division to exercise control over the commission as it is inconsistent with the Paris Principles, which require national human rights institutions to be independent, autonomous, and able to perform their mandates free from government interference.
The anti-graft body recommended that section 3(2) of the draft law be amended to include the provision.
The draft law should clearly specify the procedure for the removal of the chairperson and commissioners. It should also explicitly define the grounds for their removal and clearly set out the investigation process, including the authority responsible for conducting such investigations.
Iftekharuzzaman further said the draft, if passed without significant amendments, would fall short of international standards for establishing an independent and effective national human rights institution.
