National Human Rights Commission Ordinance hostage to bureaucratic capture: TIB

The Transparency International Bangladesh (TIB) has expressed deep concern over what it described as conspiratorial and fundamental changes to the National Human Rights Commission Ordinance, warning that the amendments have placed the process of forming the commission under direct bureaucratic control and undermined its independence.

In a statement today (13 December), TIB cited the fact that stakeholders involved in drafting the ordinance were kept in the dark, which illustrates how bureaucratic rigidity and even sabotage are holding the long-anticipated reform process hostage.

According to the organisation, the cabinet secretary was included on the selection committee solely to confirm government control of the process by maintaining authoritarian practices.

Furthermore, the organisation described these developments as embarrassing examples of the government's surrender to bureaucrats with anti-reform interests.

TIB Executive Director Iftekharuzzaman stated that after the ordinance was first published in gazette form, TIB and other stakeholders – despite identifying several weaknesses – had hoped that an opportunity had emerged to free the commission from bureaucratic capture and to constitute it in line with public expectations and international standards.

"However, within just one month, on 9 December, the selection committee – once seen as a safeguard against bureaucratic abuse – has been turned into an instrument of government control," he said.

"The Human Rights Commission and other commissions in Bangladesh have long been ineffective due to government influence, and this change in the selection committee is essentially not an isolated incident but rather an example of a conspiratorial attempt to maintain the same process," Iftekharuzzaman claimed.

Describing this bureaucratic takeover of the selection committee – and the government's acquiescence to it – as deeply disappointing, he said that the amendment includes a commendable provision to establish a National Preventive Mechanism to prevent cruel, inhuman, or degrading treatment.

"However, the inclusion of the cabinet secretary in the selection committee alone effectively undermines all prospects of the independence, impartiality, and effectiveness of the National Human Rights Commission and the very spirit of that provision."

TIB also criticised amendments that weaken the commission's authority, including replacing mandatory language requiring authorities to inform the commission of actions taken on its orders with permissive wording such as "may be informed."

The organisation said such changes have eroded the ordinance's positive potential.

Calling the government's stance "embarrassing," TIB urged authorities to withdraw from what it termed a surrender to an anti-reform bureaucratic clique. It demanded the repeal of the amended provisions – particularly the inclusion of the Cabinet Secretary in the Selection Committee – and a complete overhaul of the ordinance.

TIB pointed out that Ordinance No 62, published on 9 November, did not include any bureaucratic representative on the selection committee, reflecting a shared understanding among stakeholders about past inefficiencies. However, the amended Ordinance No 74, gazetted on 8 December, added the cabinet secretary without consulting those involved in drafting, a move TIB said was aimed solely at ensuring bureaucratic dominance.