Does Bangladesh’s current legal framework support a Truth and Healing Commission?

Bangladesh has a history of unaddressed violence, and the scars left by the War of Independence in 1971 have never truly healed.

In addition, the 15-year autocratic rule has inflicted new rounds of violence in the form of extrajudicial killings, enforced disappearances, suppression of political dissent, and state repression, among many other gross human rights violations. The July Massacre has marked a culminating rupture in this longstanding history of structural violence and repression. This ongoing legacy of violence, along with its recent manifestations, has made truth-telling and healing imperative for victims seeking justice and recognition of their suffering.

There have been recent discussions around establishing a Bangladesh-tailored model of a Truth and Healing Commission (THC), which could offer a platform for victims to finally be heard, acknowledged, and supported in their journey towards healing from post-conflict trauma and associated challenges. But does the current legal framework in Bangladesh—and its existing laws, notably the Commissions of Inquiry Act, 1956—allow for the establishment of such a commission?

Can the Existing Legal Framework Serve as a Foundation?

The Commissions of Inquiry Act, 1956 grants the government the authority to establish commissions to investigate matters of public importance. Historically, it has been used to address issues such as political violence, corruption, and national crises. More recently, the Enforced Disappearances Commission was established under Section 3 of this Act. The Act primarily facilitates inquiries into specific events or issues, enabling the government to summon witnesses, collect evidence, and issue reports.

While this framework may be useful for investigating incidents of state violence or human rights abuses, it does not provide the comprehensive mechanisms required for healing the wounds inflicted by the state's own actions. Neither this Act nor any other existing law in Bangladesh offers provisions for reconciliation or social reintegration—both of which are essential elements in achieving national healing after prolonged trauma.

Gaps in the Current Framework

The Commissions of Inquiry Act is focused predominantly on fact-finding. However, a truth and healing process requires more than this: it necessitates listening to victims' voices, acknowledging their suffering, and supporting their reintegration into society—none of which are provided for within the existing legislation.

Furthermore, one of the most critical shortcomings of the Commissions of Inquiry Act, 1956 is its lack of victim protection provisions. In politically sensitive inquiries, especially those that could implicate members of the autocratic regime who still occupy powerful positions within government administration, victims and witnesses may be reluctant to testify. The current legal framework does not offer sufficient safeguards to protect those who fear retaliation, nor does it provide the supportive structures victims would need to heal and rebuild their lives.

Moreover, the commissions established under this Act do not endorse the kind of public reckoning or societal reconciliation necessary to mend sociopolitical divisions. To establish a viable model for a Truth and Healing Commission, the nation as a whole must be willing to engage with its past and commit to moving forward together. This involves public acknowledgment of the pain caused by state actions, formal apologies, reparations, and reintegration of victims into mainstream society.

Filling the Gaps: What Needs to Be Done?

In light of the above discussion, it is evident that the current legal framework is inadequate to support the establishment of a Truth and Healing Commission focused on addressing post-conflict victimisation. To resolve this, the government could either amend the Commissions of Inquiry Act, 1956 to address existing loopholes or introduce a new Act of Parliament that comprehensively provides the legal basis for establishing such a commission.

The government would, therefore, need to expand the mandate of any commission established under such legislation to incorporate restorative justice principles. This means not only investigating incidents of political violence but also creating a platform for victims to share their experiences, be heard, and receive formal acknowledgment. This expanded role could include collecting victim testimonies and committing to their reintegration into society through psychological support, rehabilitation, and reparations.

The legal framework must also guarantee protection for victims and witnesses. This could involve anonymity for witnesses, legal safeguards against retaliation, and provisions for both physical and psychological protection. These safeguards are essential to ensure that the commission becomes a space where victims feel safe, supported, and empowered to tell their stories without fear of punishment or retribution.

In doing so, the Truth and Healing Commission would not only contribute to the documentation of truth but also help ensure accountability for structural violence and injustice. This includes calling for public acknowledgment of state-sanctioned violence and repression and committing to the prevention of future abuses—even if this implicates senior political leaders, state agents, or military officials. The commission could also offer recommendations for the government to make reparations—be they financial, symbolic, or societal—based on victims' narratives.

Is There Any International Legal Framework That Can Support Bangladesh's Truth and Healing Commission?

Several international legal frameworks can serve as a foundation for the establishment of a Truth and Healing Commission in Bangladesh. For example, the International Convention for the Protection of All Persons from Enforced Disappearance (2006) mandates truth-seeking and accountability for enforced disappearances. Additionally, the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation (2005) guarantee victims' rights to reparations, including the right to truth and the right to be acknowledged.

Key Takeaway

Victims of state repression, extrajudicial killings, and political violence under the current regime deserve more than just formal legal redress. They deserve a space where their voices can be heard, their pain acknowledged, and their suffering addressed in a manner that fosters individual and collective healing. While Bangladesh's existing legal framework does not adequately accommodate the establishment of a Truth and Healing Commission, amending the Commissions of Inquiry Act and incorporating essential safeguards could create a viable pathway toward truth-telling and national healing.

International legal frameworks and numerous UN resolutions can also play a catalytic role in shaping and supporting such efforts.

It is time for the government to take the first step in healing the nation's wounds. The establishment of a Truth and Healing Commission should not be seen merely as an act of justice—it should also be recognised as an effort to promote national unity and reconciliation. Acknowledging the pain of the past is necessary for Bangladesh to move forward into a more inclusive, just, and compassionate future. Healing is not a luxury—it is a necessity to break the cycle of violence.

Barrister Tajriyaan Akram Hussain is an associate at a law firm in Bangladesh and a practicing advocate at the District and Sessions Judge Court, Dhaka.

Dr Muhammad Asadullah is an associate professor in the Department of Justice Studies at the University of Regina, Canada.

Nousheen Sharmila Ritu is the Executive Director of Bangladesh 2.0 Initiative, a UK based think tank organization.

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the opinions and views of The Business Standard.