The government's draft of the National Human Rights Commission Bill 2026, cleared by the Cabinet on August 10, has drawn concern over two key issues-the mechanism for investigating allegations of human rights violations by law enforcement agencies or their members, and the process for appointing its chairman and other members.

The draft law has been formulated after the BNP-led government, after assuming power through the February 12 national elections, repealed a 2025 ordinance enacted by the interim administration vesting the commission with investigative and enforcement powers.

Rights activists have expressed concern particularly about Section 19 of the latest draft, that lays out the extent and limits of the commission's authority in relation to investigating allegations of gross rights violations against law enforcement agencies. They are particularly peeved about how it clips the commission's power to independently investigate any allegations linked to enforced disappearances, torture, custodial deaths and extrajudicial killings, among other gross rights violations. Instead, it can only ask for a report from the agency concerned on its own initiative or following a complaint.

This has prompted some to describe the NHRC envisioned in the government's draft as a 'toothless tiger.' They point out that the repealed 2025 ordinance gave the commission authority to initiate investigations into such rights violations against law enforcement agencies, and would like that restored.

It is important however, to remember that even though it was granted with investigative powers, the NHRC itself did not carry out any such official investigation even under the interim government and their competence for such an important task was always bound to raise questions. Against this you have the point that the current provisions in the law effectively allow institutions accused of violations to investigate themselves, and that arguably contributes to the impunity they at times act with.

Besides domestic rights activists and watchdogs like Transparency and Odhikar, Human Rights Watch and Amnesty International are among 13 international rights organisations who have warned that the draft could weaken investigations into enforced disappearances, torture, custodial deaths and extrajudicial killings, calling for an independent mechanism to investigate allegations against security forces.

The opposition parties meanwhile, have been capitalising on the issue by using it to paint the new BNP government as effectively another face of the 'fascism' for which the last Awami League regime had to be brought down by a mass uprising. They even allege it is a betrayal of the values represented by that movement, for which 1400 people laid down their lives.

We must remember that two of the egregious crimes falling under human rights violations that proliferated during the last Awami League regime, enforced disappearances and extrajudicial killings, can have no place in the Bangladesh that we want to build anew, in light of the July Uprising. The government would like to contend that we are past that chapter and those days are never coming back. Yet the country is still trying to process the trauma of the era, and it needs time to heal. We have no reason till now, to question its intentions. But their resolve will be tested over time, and that is when the value of strong and appropriate laws that guard the values and institutions we hold dearest will be most felt.