The National Human Rights Commission (NHRC) of Bangladesh was established with the mandate to protect and promote human rights in the country. However, concerns have been raised regarding its independence, effectiveness, and credibility. The NHRC faces institutional, legal, and operational constraints that limit its ability to function as a robust human rights watchdog. This article explores the key challenges facing the NHRC and proposes a reform agenda to ensure its independence, credibility, and effectiveness in upholding human rights in Bangladesh.
The NHRC was constituted under the National Human Rights Commission Act, 2009, in accordance with the Paris Principles, which set the global standards for national human rights institutions (NHRIs). Its core functions include investigating human rights violations, making recommendations to the government, monitoring the implementation of international human rights treaties, and raising awareness about human rights issues. Despite these broad mandates, the NHRC has struggled to assert its authority and impact due to structural weaknesses and political interference.
One of the primary concerns about the NHRC is its limited independence from the executive branch. The appointment process of the NHRC members, including the Chairperson, is heavily influenced by the government, raising questions about their impartiality. The absence of a transparent and participatory selection process undermines public confidence in the Commission's ability to act without political bias.
The NHRC lacks direct enforcement powers and relies on government agencies for investigations and implementation of recommendations. This dependency weakens its authority and effectiveness. Furthermore, the NHRC has no jurisdiction over the security forces, which are often implicated in human rights violations. This significantly hampers its ability to address critical human rights concerns such as extrajudicial killings, enforced disappearances, and custodial torture.
Financial and logistical constraints also limit the NHRC's effectiveness. The Commission's budget is allocated by the government, making it financially dependent and vulnerable to political control. Insufficient funding restricts its ability to conduct independent investigations, engage in human rights advocacy, and expand its outreach efforts.
Public trust in the NHRC remains low due to its perceived ineffectiveness in addressing human rights violations. Limited outreach and engagement with civil society organizations (CSOs) and human rights defenders further isolate the Commission from grassroots movements. Without strong public backing, the NHRC struggles to function as an effective human rights watchdog.
To enhance the NHRC's independence, reforms should be introduced in the appointment process. A more transparent and participatory mechanism involving representatives from the judiciary, civil society, academia, and the media should be adopted. Appointments should be based on merit and expertise in human rights, rather than political affiliations.
Additionally, the NHRC should be granted full autonomy over its budget, with a separate allocation approved by Parliament rather than the executive branch. This would prevent financial constraints from undermining its functions.
The NHRC must be empowered with stronger investigative and enforcement mechanisms. It should have the authority to summon witnesses, access government documents, and conduct independent investigations without interference. Moreover, its mandate should be expanded to include security forces, allowing it to investigate human rights violations by law enforcement agencies.
A dedicated Human Rights Court could be established to ensure timely prosecution of human rights violations based on NHRC findings. Additionally, the NHRC should have the power to monitor places of detention, conduct surprise inspections, and recommend legal and policy reforms.
To function effectively, the NHRC needs adequate financial and human resources. A constitutional amendment ensuring independent budgetary allocation can help safeguard its financial autonomy. The Commission should also receive technical and financial assistance from international human rights bodies to build institutional capacity.
Recruitment of skilled human rights professionals, including legal experts, researchers, and investigators, is essential. Training programs should be conducted regularly to enhance the skills of NHRC officials in handling complex human rights cases.
Public trust and collaboration with civil society organizations are crucial for the NHRC's effectiveness. The Commission should establish mechanisms for regular consultations with human rights groups, activists, and victims of human rights violations. A national human rights forum, comprising representatives from diverse sectors, could be formed to facilitate dialogue and collective action.
Public awareness campaigns, educational programs, and accessible complaint mechanisms should be introduced to encourage citizen participation in human rights advocacy. A robust online platform allowing victims to report violations anonymously could also enhance accessibility and responsiveness.
The NHRC must align its functions with international human rights standards. Strengthening its role in monitoring Bangladesh's compliance with international treaties and conventions can enhance its credibility. The Commission should proactively engage with United Nations mechanisms, including the Universal Periodic Review (UPR) and treaty bodies, to advocate for human rights reforms at the global level.
A strong, independent, and credible NHRC is vital for protecting human rights and ensuring accountability in Bangladesh. The current challenges facing the Commission require urgent and comprehensive reforms to enhance its independence, authority, and public trust. By ensuring transparency in appointments, strengthening investigative powers, securing financial autonomy, engaging with civil society, and aligning with international standards, the NHRC can become an effective institution that upholds human rights and fosters justice in Bangladesh. Only through these reforms can the NHRC fulfill its mandate as the nation's foremost human rights defender.
The writer is a PhD Researcher and former Country Representative of Malala Fund
