TIB urges amendment to draft NHRC Ordinance 2025

Transparency International Bangladesh (TIB) has urged the government to urgently revise the draft National Human Rights Commission (NHRC) Ordinance 2025, recently approved by the Advisory Council, warning that several provisions could create a discriminatory structure and weaken the commission’s independence and functional capacity.

In a press release issued today (2 November), TIB acknowledged that some of its recommendations — along with inputs from other stakeholders — were partially reflected in the draft. However, it stressed that key shortcomings remain and must be addressed without delay.

Citing global standards set by 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 inception are being allowed to persist indefinitely. The clause that permits two out of seven members, including the chairperson, to serve on a part-time basis is both discriminatory and uncomfortable for both categories of members.”

He added that this provision has been a major reason behind the commission’s longstanding ineffectiveness. “To ensure equality, dynamism, and efficiency, this clause must be amended. At the same time, equal rank among all commissioners — along with parity in salaries, allowances, and other benefits — and a clearly defined outline of their duties and responsibilities must be ensured.”

TIB noted that its proposal for a more transparent selection process for the chairperson and commissioners — including publication of shortlisted candidates’ details and the final list of nominees recommended to the president — was not included in the draft ordinance.

Similarly, TIB’s recommendation to empower the NHRC to shut down unlawful detention facilities and hold responsible authorities accountable was also overlooked, which the organisation described as “disappointing.”

Highlighting another ignored proposal, Iftekharuzzaman said TIB had advised incorporating a provision allowing the NHRC to review and recommend amendments to any law whose provisions contradict human rights protections. This recommendation was not reflected in the ordinance.

He added, “If Section 14 had included a clear statement declaring that ‘in the event of a conflict between this law and any other law relating to human rights, this law shall prevail,’ it would have significantly strengthened the commission’s legal authority. Unfortunately, this safeguard is missing.”

TIB further criticised the ordinance for dismissing its recommendation that preliminary inquiries should not be mandatory in all cases, allowing the NHRC to initiate direct investigations where admissible. The organisation warned that compulsory preliminary inquiries would slow down investigations, create further obstacles for victims, and limit access to justice.

It also expressed concern that the draft ignores recommendations to limit the deputation of government officials to the NHRC and its investigative units to 10%, with the rest filled through an open, transparent, and merit-based recruitment process. TIB said the suggestion to allow the commission to reject deputation proposals was similarly disregarded.

TIB added that the ordinance should require the NHRC to publish its annual audited financial report on its website at the end of each fiscal year, ensuring transparency and public accountability.