TIB urges amendment to draft NHRC Ordinance 2025 over concerns of discrimination, weakened independence

Transparency International Bangladesh (TIB) has called for immediate amendments to the draft National Human Rights Commission (NHRC) Ordinance 2025, recently approved by the Advisory Council, citing provisions that could lead to a discriminatory structure and undermine the commission's independence and effectiveness.

While some of TIB's and other stakeholders' recommendations were reflected positively in the draft, it strongly urged the authorities to amend the ordinance to address the remaining critical weaknesses, according to a TIB press release issued today (2 November).

Referring to the standards of the Global Association of National Human Rights Institutions (GANHRI), TIB Executive Director Iftekharuzzaman said, "It is incomprehensible why the fundamental weaknesses embedded in the institution since its creation must be perpetuated indefinitely. The provision in the ordinance that allows two out of seven members, including the chairperson, of the commission to be appointed on a part-time basis is discriminatory and uncomfortable for both categories of members."

"This has been one of the main causes of the commission's ineffectiveness. To ensure equality, dynamism, and efficiency, this clause must be amended. At the same time, equality of rank among all commissioners, parity in salaries, allowances, and other benefits, as well as a clear definition of their duties and responsibilities, must be ensured," he added.

Although TIB had recommended that the selection of the chairperson and commissioners be completed through a transparent process—by publishing the names and details of shortlisted candidates and the final list of nominees recommended to the president on the commission's website—this suggestion was ignored, said the release.

Similarly, the recommendation to empower the commission to close down detention facilities of any institution if deemed unlawful, and to hold responsible persons accountable, was also not adopted, which TIB described as disappointing.

Highlighting another unaddressed recommendation, Iftekharuzzaman stated that although TIB had proposed incorporating a clause authorising the commission to review and recommend amendments to any law whose provisions directly or indirectly contradict the protection of human rights, this was not considered.

"If a statement were added to Section 14 clarifying that 'in the event of any conflict between this law and any other law concerning human rights, this law shall prevail,' it would have strengthened the commission's legal authority in addressing future conflicts related to human rights protection. Unfortunately, this has not been reflected in the ordinance," he added.

Iftekharuzzaman further said, "The recommendation that preliminary inquiries should not be made mandatory for all complaints and that the commission may order direct investigation in cases deemed admissible was also disregarded. This will unnecessarily delay the commission's work, cause further harassment to victims of human rights violations, and make access to justice more difficult."

TIB criticised the draft, saying that although it was recommended that the deputation of any person or government employee from positions under the Republic to the commission or its investigation team be limited to a maximum of 10%, and that the recruitment process for such positions be open, transparent, clear, and merit-based for all, this provision was not considered. 

"Likewise, the suggestion to allow the Commission the right to reject any proposal for deputation if it disagrees was also ignored."

TIB believes that the ordinance should include a provision requiring the commission to publish its annual audited financial report on its website after the completion of each fiscal year, it added.