The Bangladesh Legal Aid and Services Trust (BLAST) welcomes the Government’s initiative to frame the National Human Rights Commission Bill, 2026, which aims to strengthen the protection and promotion of human rights. The proposed law incorporates several provisions from the 2025 Ordinance (drafted during the Interim Government but not approved by the current Government), and would significantly enhance the powers of the Commission compared to those provided under the existing National Human Rights Commission Act, 2009.
BLAST considers the introduction of provisions for the appointment of five full-time Commissioners with expertise in human rights, as well as the inclusion of civil society representatives in the selection committee, to be important and necessary reforms.
The proposed law also provides for establishing a National Preventive Mechanism Division to realise the objective of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), ratified by Bangladesh by the Interim Government. If enacted the Commission’s role would not be limited to making recommendations; it would also be empowered to provide remedies, including directions relating to compensation and rehabilitation.
BLAST also welcomes the inclusion of a provision in the draft law allowing for the Commission’s investigation reports to be admissible as evidence before courts.
However, in BLAST’s view, the credibility and effectiveness of the Commission will ultimately depend on whether a genuinely independent and representative institution is established. In this regard, the Commission must be vested with the authority to investigate and provide remedies for all forms of human rights violations.
With this objective in mind, and to further strengthen the effectiveness and inclusiveness of the Commission, BLAST has submitted detailed recommendations to the Ministry of Law, Justice and Parliamentary Affairs, with key points outlined below:
Strengthening Independence and Diversity of the Commission
o The composition of the Commission and the appointment process must be free from the influence of the executive branch.
o To strengthen representation within the Commission, BLAST has recommended replacing the current provision requiring “special consideration” for women and marginalised groups with a new provision mandating that at least two Commissioners be women and that at least one Commissioner represent a minority or marginalised community.
o It is also essential to include a retired judge in the selection committee responsible for recommending candidates for appointment as Commissioners.
o To ensure the Commission’s institutional independence, the Commission should be empowered to formulate its own rules, regulations, and procedures.
Strengthening the Commission’s Powers to Investigate and Remedy Human Rights Violations
o BLAST has emphasised that the Commission must have clear and effective powers to investigate complaints, particularly in cases involving allegations against law enforcement and disciplinary forces.
o BLAST has recommended empowering the commissioners to conduct investigations rather than relying solely on designated investigation officers.
o In relation to allegations against law enforcement or security forces, where state bodies are required to submit a report within mandatory three-month timeframe, the Commission may, at its discretion, extend the deadline on reasonable grounds, or conduct its own investigations.
Ensuring Greater Transparency and Public Accountability
o Transparency and accountability are essential for building public confidence in the Commission. To this end, BLAST recommends that the Commission publish its activities and performance through annual reports on its website, while giving due priority to the protection of personal privacy and the safety of survivors.
o Furthermore, upon receipt of the report, the Speaker of the National Parliament may be empowered to take steps to present the report directly to Parliament within 30 days of its receipt, thereby ensuring timely parliamentary oversight and public accountability.
Background:
On 17 May 2026, the Ministry of Law, Justice and Parliamentary Affairs convened a stakeholder consultation on the draft National Human Rights Commission Act, 2026. Following the consultation, the Ministry invited written recommendations from participating stakeholders. BLAST duly submitted recommendations on 24th May 2026 on the draft law as part of ongoing efforts to support the establishment of an independent and effective National Human Rights Commission.
For further information, please contact:
Communication Department, BLAST
E-mail: communication@blast.org.bd