TIB calls for overhaul draft ordinance to ensure 'true independence' of proposed police commission
Although the draft has not been officially published by the government, TIB Executive Director Iftekharuzzaman, referring to the version obtained from credible sources, pointed out risks regarding the composition of the selection committee and the commission, recruitment, and financial independence
The Transparency International Bangladesh (TIB) has urged the government to comprehensively revise the draft Police Commission Ordinance, 2025, finalised by the interim government, to ensure "the genuine independence and effectiveness of the long-awaited independent police commission."
"Based on a clause-by-clause review of the draft obtained from reliable sources, TIB has identified several issues that pose serious risks to the commission's independence and functionality, along with relevant recommendations for reform," the organisation said in a statement on Wednesday (5 November).
The organisation warned that if left unaddressed, the ordinance could pave the way for government control over the commission and turn it into a workplace for former bureaucrats and police officials.
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Although the draft has not been officially published by the government, TIB Executive Director Iftekharuzzaman, referring to the version obtained from credible sources, pointed out risks regarding the composition of the selection committee and the commission, recruitment, and financial independence.
He said, "The proposed inclusion of one retired bureaucrat and two police officials among the seven members of the commission risks transforming the body into a centre that rewards past loyalty and brings it under the control of the government's executive branch.
"In line with international best practices, the provision allowing former or current bureaucrats and police officers to serve as members must be abolished. Instead, the commission should be composed of impartial experts in law, justice, law enforcement, human rights, and good governance, including university teachers and researchers."
Iftekharuzzaman added, "To safeguard the commission's independence and effectiveness, the provision requiring government approval for staff recruitment must be abolished, and full authority over recruitment should be vested in the commission.
"Furthermore, appointments on deputation should be made only based on the commission's recommendation and approval, which must not exceed ten percent of total positions. If the government proposes the deputation of any public official and the commission disagrees, the commission's decision should prevail."
Emphasising the need to appoint individuals who have set a precedent of neutrality, human rights protection, honesty, and integrity in their professional lives, the TIB Executive Director said, "The provision allowing a retired police officer to serve as the member-secretary of the commission must be repealed, and the authority to recruit all staff, including the secretary, should rest entirely with the commission through an open and competitive process.
"The ordinance should also stipulate that the secretary's rank and salary will be equivalent to that of a government secretary. In addition to serving as the commission's chief executive officer, the secretary should, by virtue of office, act as a non-voting member of the commission — a clause that would be logical to include."
Furthermore, the ordinance must clearly specify how a citizen with proven experience in human rights protection and the promotion of good governance will be included as a member of the selection committee, the statement reads.
The TIB also calls for incorporating a provision requiring the public disclosure of the final list of all candidates recommended by the selection committee.
TIB further said it is essential to include a clause granting the commission the authority to make necessary recommendations and provide guidance to the government for the formulation or amendment of laws, rules, and policies related to police operations, as well as security, intelligence, and surveillance agencies, in order to clarify professional standards and scope of work and ensure human rights and sensitivity.
The statement also recommended including a clause requiring the government, within six months of the commission's establishment, to prepare and enact a modern Police Act – drawing on the positive elements of the long-shelved draft Police Ordinance 2007 – to replace the colonial-era law.
To ensure financial independence and transparency, TIB demanded the inclusion of a clause stipulating that "the government shall ensure allocation of the budget requested by the commission, and the commission shall publish its annual audited expenditure report on its website within seven working days of submission."
