A new start for Bangladesh's National Human Rights Commission: The Real Test Begins Now

On 6 September, Parliament adopted a new legal framework for Bangladesh's National Human Rights Commission (NHRC), an institution that has long faced criticism over its independence and effectiveness. The new framework introduces useful measures that we firmly welcome, including a simpler complaints process, interim orders to protect people facing immediate harm, the requirement that Commissioners work full time, and a National Preventive Mechanism unit to help prevent torture and ill-treatment in places of detention.

The Principles relating to the Status of National Institutions for the Promotion and Protection of Human Rights (the Paris Principles), adopted by the United Nations General Assembly in 1993, provide the relevant international benchmark: national human rights institutions should be independent and pluralistic, possess a broad mandate and have sufficient powers and resources to carry out that mandate. The new framework should now be implemented in accordance with these principles. While legislation can create the conditions for progress, public confidence depends on how things work in practice.

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The NHRC’s ultimate measure of success will be its effectiveness in protecting human rights and ensuring access to remedies for victims. This is why, throughout the process of drafting the new law, we encouraged efforts to ensure a transparent and merit-based process of appointing a capable and independent NHRC leadership, including men and women and representatives of minorities reflecting Bangladesh’s diverse society. Bangladesh can certainly draw on an impressive array of individuals with a track record of integrity and courage, who may lead the NHRC and ensure the definitive break with the past that we recognise underpins the law. We hope it does so. Such individuals will, no doubt, be needed to help address difficult and politically sensitive issues, ensure the NHRC exercises its mandate without fear or favour, and hold disciplined and security forces and other public institutions accountable.

The National Preventive Mechanism is particularly significant. We welcomed Bangladesh's accession to the Optional Protocol to the Convention against Torture (OPCAT) in 2025. As we move forward with implementation, regular unannounced visits to places of detention will be important for prevention and meeting the commitments undertaken through OPCAT.  Operational independence, specialist personnel, adequate resources and unhindered access to sites of detention and to detainees are, we know from experience, part and parcel of an effective NPM, which in turn strengthens public institutions.

The NHRC’s ultimate measure of success will be its effectiveness in protecting human rights and ensuring access to remedies for victims. This is why, throughout the process of drafting the new law, we encouraged efforts to ensure a transparent and merit-based process of appointing a capable and independent NHRC leadership, including men and women and representatives of minorities reflecting Bangladesh’s diverse society.

A further issue of central importance is that any national human rights institution must be able to respond wherever serious violations are alleged, irrespective of the institution concerned. The effectiveness of the NHRC will depend on how it uses its powers to promote prompt, impartial and thorough investigations, protect complainants and victims, and publish clear recommendations.  The authorities, in turn, should respond fully and transparently. If experience shows that legal restrictions prevent effective oversight or remedy, there may be a case for Parliament to revisit those provisions.

The Commission cannot succeed alone. The Government and Parliament must safeguard its independence and respond to its findings.  We encourage the establishment of a new culture of cooperation between the NHRC and the judiciary, law-enforcement and security institutions, civil society, human rights defenders, the legal profession and the media. The Commission’s credibility will also rest on its ability to communicate clearly, publish its findings and demonstrate that every complaint is treated with seriousness and impartiality. International partners will now follow the implementation of the law closely and share technical expertise and international good practice to support an effective and independent NHRC.

Carol Flore-Smereczniak,Resident Coordinator a.i. United Nations in Bangladesh

Michael Miller, Ambassador & Head of Delegation of the European Union to Bangladesh

Sarah Cooke, British High Commissioner to Bangladesh

Ajit Singh, High Commissioner of Canada to Bangladesh

Christian Brix Møller, Ambassador of Denmark to Bangladesh

Joris van Bommel,Ambassador of the Netherlands to Bangladesh

Håkon Arald Gulbrandsen, Ambassador of Norway to Bangladesh

Stephen Rodriques, Resident Representative of the United Nations Development Programme in Bangladesh.