Draft NHRC Act Threatens Human Rights Oversight

The proposed National Human Rights Commission (NHRC) Act, 2026 has drawn criticism from rights organisations, which argue that it risks weakening, rather than strengthening, the Commission's independence. Transparency International Bangladesh (TIB) says several provisions depart from the 2025 ordinance and run counter to the Paris Principles, the international benchmark for national human rights institutions.

The most contentious change is the omission of a clause declaring that the Commission "shall not be subject to the jurisdiction of any government ministry or department". Critics warn that removing this safeguard would leave the NHRC vulnerable to executive control. Concerns also centre on the proposed selection committee, which includes the Speaker, two ministers, a ruling party MP and the Cabinet Secretary. According to TIB, such a composition risks politicising appointments and compromising the Commission's neutrality.

The Bangladesh Legal Aid and Services Trust (BLAST) has proposed further amendments to protect institutional independence. It recommends reserving at least two of the Commission's five seats for women and one for a representative of a minority or marginalised community. It also calls for the inclusion of a retired Supreme Court judge in the selection committee, greater rule-making powers for the Commission itself, and the removal of provisions requiring executive approval for opening offices or carrying out activities.

Despite these concerns, the draft contains several notable advances. It introduces a National Preventive Mechanism (NPM) to inspect places of detention in line with Bangladesh's obligations under the Optional Protocol to the Convention against Torture (OPCAT). It also proposes making the Commission's investigation reports admissible in court and empowering it to order compensation and rehabilitation for victims of human rights violations.

However, rights groups argue that these gains are undermined by provisions restricting the Commission's investigative powers. TIB has urged explicit authority to inspect detention facilities run by law enforcement, intelligence agencies and the military, recommend the closure of illegal detention centres, and investigate allegations against disciplined forces without requiring prior government approval. Existing restrictions, they argue, have prevented Bangladesh's NHRC from attaining the coveted "A" status under the Global Alliance of National Human Rights Institutions (GANHRI).

Ultimately, a human rights commission derives its strength not from its name but from its independence. If the proposed law leaves the institution tethered to the executive, it is not only victims of abuse who stand to lose. Governments change, but weakened institutions endure, leaving every citizen more vulnerable when justice is needed most.