Law Adviser Asif Nazrul has said a separate enforced disappearance commission will not be formed, and that the National Human Rights Commission (NHRC) will assume this responsibility, as stipulated in the new law.
He provided the information while discussing the National Human Rights Commission Ordinance 2025. The ordinance received final approval on Thursday at a meeting of the Advisory Council, held at Chief Adviser’s Office in Dhaka’s Tejgaon.
Chief Adviser Prof Muhammad Yunus chaired the meeting.
He added that the law specifically on enforced disappearances was not finalized on Thursday but was expected to be completed next week. “We will not form a separate enforced disappearance commission; the Human Rights Commission will handle this responsibility, as stipulated in the law.”
Speaking on the ordinance, Asif Nazrul said: “We had a Human Rights Commission, but it was a toothless institution with serious problems. The appointment procedures had flaws, and the commission’s authority was severely limited.”
He added, “Moreover, some appointed members could not or did not exercise their legal powers. We have tried to make this ordinance far stronger, establishing the Human Rights Commission as an empowered institution capable of effectively preventing human rights violations.”
According to the law adviser, the ordinance expands the definition of human rights to include those declared in various international human rights instruments recognized under conventional international law but not supported by Bangladesh law. This meant the commission will have authority beyond the Constitution’s fundamental rights, including enforcing international human rights agreements ratified or acceded to by Bangladesh and recognized principles under international law.
The commission will consist of one chairman and four full-time members. Initially, seven members were proposed, but it was decided that the commission will comprise five full-time members. A seven-member selection committee, led by an Appellate Division judge, will recommend appointments for the chairman and commissioner vacancies.
“The appointment process has been revised,” Asif Nazrul said. “A public notice will be issued, and names for the commission will be collected. The law mirrors High Court judge appointments. The selection committee will conduct interviews and make appointments. Previously, the commission’s investigative authority was limited, including in matters involving law enforcement. Now, the commission will have authority to investigate all human rights violations, including those under state patronage.”
He added, “The ordinance provides for the Human Rights Commission to take primary responsibility for preventing enforced disappearances, ensuring remedies, and protecting victims, as well as safeguarding human rights under any relevant law.”
