Govt to finalise enforced disappearance law within a month: Law adviser

The government is preparing to enact a law on enforced disappearances, expected to be finalised within the next month, which will include provisions for forming a permanent commission and issuing certificates for missing persons, Law Adviser Asif Nazrul said today (16 June).

The adviser made the remarks this morning after a meeting at his secretariat office with representatives of the United Nations Working Group on Enforced or Involuntary Disappearances (WGEID), who are currently visiting Dhaka.

A two-member delegation from the UN Working Group – comprising Grazyna Baranowska and Ana Lorena Delgadillo Perez – arrived in Bangladesh last Sunday.

"The UN group has been trying to visit Bangladesh for over a decade. Their first request came 12 years ago, but the then Awami League government consistently denied them access," said Asif Nazrul.

"We believe enforced disappearances occurred under the Awami League's tenure, which is why they avoided allowing such visits."

He added, "The current government is committed to addressing and investigating these incidents. That's why, shortly after assuming power, Bangladesh became a signatory to the International Convention for the Protection of All Persons from Enforced Disappearance, ahead of the International Day of the Victims of Enforced Disappearances."

Bangladesh, by becoming a signatory, has accepted the full terms of the international convention, which currently has 77 member states, he noted.

The law adviser further said the forthcoming law would include the formation of a permanent commission and a mechanism for issuing missing person certificates. "This will enable the families of disappeared individuals – those without death certificates – to access assets such as bank accounts."

The visiting UN delegation also proposed extending the tenure of the current commission, he added.

"We told them the proposal would be considered, but it is ultimately a matter for the government to decide. The possibility of forming a new 'Commission on Search' is also under review," he said.

In response to a question, Law Adviser Asif Nazrul said the government would seek technical assistance from the United Nations in drafting and implementing the law on enforced disappearances.

He further stated that the law would be passed within the next month, ahead of the anniversary of the mass uprising.

"The government has made a commitment to investigate and prosecute cases of enforced disappearances," he said.

"The UN Working Group has now arrived in Bangladesh, and we've had a meeting with them. During the meeting, they appreciated some of our initiatives – particularly the formation of the disappearance and investigation commissions, and our move to draft a dedicated law."

"They also recommended extending the term of the disappearance commission, and we will place this recommendation before the Chief Adviser," said the adviser.

When asked whether a future government might repeal the law, Asif Nazrul responded, "Regardless of whether it's the BNP, Jamaat, or NCP, all of them have been victims of enforced disappearances. They have all raised their voices against it – the BNP and Jamaat more than any others."

'Govt discussing formation of truth commission'

Asif Nazrul said the government is actively discussing the formation of a Truth and Reconciliation Commission, taking cues from global examples, including South Africa, where such a commission gained international recognition.

In response to a question about the recent visit to South Africa led by the Chief Justice and whether Bangladesh is planning a similar commission, he said, "South Africa's model inspired the world. Similar commissions were also established in Sri Lanka and Nepal, though with less success."

He explained that a Truth and Reconciliation Commission typically has four key components. "The first is truth-seeking – uncovering what actually happened. That process has already begun. The report by the UN Fact-Finding Committee is part of that. Ongoing investigations and trials at our tribunal are also contributing to the truth-seeking process. Even filmmaker Mostofa Sarwar Farooki's July Museum project at the old Ganabhaban plays a role in this effort."

The second component, he said, is memorialisation, or preserving the memory of the victims and events. "Farooki's museum initiative will likely serve that purpose."

The third aspect, amnesty, is more sensitive. "This involves exploring whether there can be any scope for leniency for those involved in minor, non-intentional offences. Many countries consider this approach," Nazrul noted.

"The fourth step is reconciliation – ensuring justice for the major offenders to build national consensus. At the same time, adequate compensation must be ensured for the victims," he said. "This compensation need not be limited to financial terms. For instance, those who were maimed during the July protests could be provided with employment opportunities."

Regarding the South Africa visit, Nazrul said, "We had several meetings led by the Chief Justice. In the second phase, we are considering holding a regional conference under his leadership, involving stakeholders from Sri Lanka, Nepal, and South Africa."

"We will also engage Bangladesh's political parties, civil society, human rights groups, and students to gather input on the best path forward," he added.