Strengthening the National Human Rights Commission of

Bangladesh through a Legislative Amendment to Fulfill

its Commitments Under Sustainable
Development Goals (SDGs)
A B M Asrafuzzaman*

1. Introduction
As a member of the UN, Bangladesh is under international obligations to promote,
protect, and enforce human rights and human development under a variety of
international Conventions and instruments, including the International Covenant on
Civil and Political Rights 1966 ( ICCPR), the International Covenant on Economic
Social and Cultural Rights 1966 (ICESCR), the Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW), the Paris Declaration, and
the Sustainable Development Goals (SDGs).To fulfill those commitments, the
National Human Rights Commission of Bangladesh (Commission or NHRC) could
have played a significant role in safeguarding human rights. Because of some
inherent lacunae in the National Human Rights Commission Act 2009 (NHRC Act),
the Commission has, to a substantial extent, failed to promote, protect, and enforce
human rights and human development in Bangladesh. These lacunae include: (1) an
incomplete definition of "human rights"; (2) a defective appointment procedure and
very minimal qualifications for the appointment of Chairman and commissioners, and
the insufficient number of permanent members of the Commission; (3) a lack of
enforcement mechanism in the hands of the NHRC and inability to provide interim
relief to aggrieved complainants; (4) it has only investigative power and its
recommendations to the government are non-binding; (5) the Commission's lack of
independence from the government; (6) the exclusion of some significant issues from
its jurisdiction. To strengthen the Commission's power of promotion, protection, and
enforcement of human rights, the government must significantly amend the NHRC
Act to address these lacunae and to fulfill its international commitments.
This paper will first provide an overview of Bangladesh's human rights commitments
under international law. Part II will discuss the historical background, composition,
power, and functions of NHRC. Part III will depict human rights conditions in
Bangladesh. Part IV will delve into the judicial approach towards the actions of the
NHRC. Part V will identify the flaws and lacunae in the NHRC Act. Part VI will
scrutinize key provisions of the NHRC Act and compare them to the enabling provisions
of the human rights bodies of India, Nepal, and South Africa. Finally, Part VII will

*
Lecturer, Department of Law, University of Dhaka, Bangladesh.
144 Dhaka University Law Journal, Vol. 31, 2020

recommend amendments to the NHRC Act based on those flaws and comparisons. This
paper will explore the likely results of amendments to the NHRC Act based on logical
inference (less on empirical observation). The author acknowledges that full
implementation of the NHRC Act, even if amended, will be challenging.

2. Bangladesh’s Human Rights Commitments and the NHRC

2.1 Definition of Human Rights
"Human rights" has been defined by the international human rights documents,
the NHRC Act, and human rights scholars. The word "human" implies human beings
and "rights" signifies entitlement. Thus, whenever and wherever a human being is
born, he/she will be entitled to certain basic rights from the very day of his/her birth.
These fundamental rights can be termed as natural rights. These rights are not
conditioned on nationality, race, religion, sex, or other immutable traits. The
philosophy is that the concept of human rights does not entail recognition or
ratification by the State because they are natural rights of human beings.
The NHRC Act defines “Human Rights” as Right to life, Right to liberty, Right
to equality and Right to dignity of a person guaranteed by the Constitution of the
People‟s Republic of Bangladesh and such other human rights that are declared under
different international human rights instruments ratified by the People‟s Republic of
Bangladesh and are enforceable by the existing laws of Bangladesh.1 This definition
does not cover all traits of human rights. It encompasses only the human rights which
have been recognized by the Constitution of Bangladesh, enforceable by law, and
contained in different international instruments ratified by Bangladesh. The plain
language of the definition expressly concentrates more on civil and political rights
than the social, economic and cultural rights of the citizens.
2.2 International Commitments Behind the Formation of the NHRC
2.2.1 Key Human Rights Instruments Adopted by Bangladesh
Bangladesh has commitments to protect, promote, and enforce human rights and
human development under the Charter of United Nations, ICCPR, ICESCR,
CEDAW, Universal Declaration of Human Rights (UDHR), Convention on the
Rights of the Child 1989 (CRC), Convention on the Elimination of All Forms of
Racial Discrimination 1965 (CERD), Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment 1984 (CAT), Convention on the
Rights of Person with Disabilities, 2006 (CRPD), SDGs, Paris Declaration, and
Vienna Declaration.

1
National Human Rights Commission Act 2009 (Bangladesh) (hereinafter NHRC Act 2009), s 2(f)
<https://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/law/de62d323_fe91_45f0_9513
_a0d36ab77fdf/NHRC%20Act%202009_1_.pdf> accessed 12 July 2020.
Strengthening the National Human Rights Commission of Bangladesh 145

The underlying purpose of the UN Charter is to impose an obligation on its

members to take initiatives to respect and recognize human rights and the
fundamental freedom of people without any distinction as to race, sex, religion,
ethnicity, or language.2 One of the core goals of it is to ensure peace within and
among States. It is implausible to achieve this goal without the proper
implementation of human rights. Consequently, the UN charter, in its starting
provisions, has contained articles urging member States to respect human rights and
fundamental freedoms.
The ICCPR casts obligations upon the State Party to undertake proper measures
to respect civil and political rights, such as freedom of expression, recognized in the
Covenant to all individuals within its territory and subject to its jurisdiction, without
distinction of any kind, such as race, color, sex, language, religion, political or other
opinions, national or social origin, property, birth or other status.3 Consequently,
every member State is obliged to fulfill all civil and political rights of the people
guaranteed under this Convention. It also requires that when fundamental freedom of
any person will be violated, he/she will have an adequate remedy under the law, and
the State shall guarantee that the competent authorities shall enforce such remedies
when granted.4 It imposes a duty upon the State to ensure the equal right of people to
the enjoyment of all civil and political rights outlined in this covenant.5 Thus, it casts
an obligatory duty upon the State not only to take proper measures to enforce the
rights enshrined in it but also to enforce remedy when granted to the victim. It also
urges the State to endorse the principle of equality between men and women in
enjoying their civil and political rights and prohibits gender discrimination.
The ICESCR sets forth economic, social, cultural rights and requires each State
Party to undertake to respect and to ensure to all individuals within its territory and
subject to its jurisdiction the rights recognized in the covenant, without distinction of
any kind, such as race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.6 It stipulates that the States
Parties to this Covenant shall undertake to guarantee that the rights enunciated in the
Covenant will be exercised without any kind of discrimination.7 It also requires that
the States Parties to this Covenant shall undertake to make sure the equal right of
people to the enjoyment of all economic, social, and cultural rights outlined in this
covenant.8 Thus, every State Party is obliged to take adequate measures to guarantee

2
UN Charter 1945, preamble and art 1(3).
3
International Covenant on Civil and Political Rights 1966 (ICCPR), art 2(1).
4
ibid, art 2(3).
5
ibid, art 3.
6
International Covenant on Economic Social and Cultural Rights 1966 (ICESCR), art 2(1).
7
Ibid, art 2(2).
8
ibid, art 3.
146 Dhaka University Law Journal, Vol. 31, 2020

economic, social, and cultural rights mentioned in it without any kind of distinction.
It also urges the State Party to make sure equality between men and women in the
realization of these rights.
The CEDAW talks about the equal rights of men and women. It requires the State
to take all measures to eliminate all kinds of discrimination against women and
safeguards to protect the rights of women. However, Bangladesh has reservations to
Article 2 and 16(1)(c), which deal with the State's obligation to take steps to wipe out
all kinds of discrimination against women and to safeguard equal rights of women
concerning the family law issues. By this reservation, Bangladesh has skipped core
obligations under this Convention. It is pertinent to mention here that the Constitution
of Bangladesh has guaranteed the equal rights of both men and women in all spheres
of the State.9 Despite this kind of reservation, Bangladesh has the fundamental
constitutional mandate to eliminate all kinds of discrimination irrespective of gender
in state and public life.
The CRC stipulates that States Parties shall respect and safeguard the rights
outlined in this Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child's or his/her parent's or legal
guardian's race, color, sex, language, religion, political or other opinion, national,
ethnic or social origin, property, disability, birth or other status.10 It requires that no
child shall be subjected to arbitrary or unlawful intrusion with his or her privacy,
family, home or correspondence, or unlawful attacks on his/her honor and
reputation.11 The child has the right to the protection of the law against such
interference or attacks.12 It also requires that States Parties shall undertake to protect
the child from all forms of sexual exploitation and sexual abuse.13 It provides that
States Parties shall make sure that no child shall be subjected to torture or other cruel,
inhuman, or degrading treatment or punishment.14 The combined effect of the
provisions of the CRC requires that every State Party shall care for the rights of the
children within its territory. Thus, every State will take all legal safeguards to protect
the rights of the children. They are also duty-bound to provide the effective and
appropriate remedy to children who become the victim of unlawful torture and
intrusion. Bangladesh has reservations to article 14(1) and 21of this Convention.
Article 14(1) requires that States Parties shall respect the right of the child to freedom
of thought, conscience, and religion. It takes reservations on the ground that in

9
Constitution of Bangladesh 1972, art 28.
10
Convention on the Rights of the Child 1989 (CRC), art 2 and 4.
11
Ibid, art 16(1).
12
Ibid, art 16(2).
13
Ibid, art 34.
14
Ibid, art 37(a).
Strengthening the National Human Rights Commission of Bangladesh 147

Bangladesh, most people believe in Islam, and renunciation of Islam is a great sin. 15
However, it is contrary to the Constitution of Bangladesh, which recognizes
secularism as one of its four fundamental principles. Hence, Bangladesh cannot
maintain any specific tenet of religion. Despite this reservation, Bangladesh has a
constitutional obligation to abide by the secular principle in administering its
activities.
The CAT requires that each State Party shall take effective legislative,
administrative, judicial, or other measures to prevent acts of torture in any territory
under its jurisdiction.16 It states that each State Party shall ensure that any individual
who alleges that he has been subjected to torture in any territory under its jurisdiction
has the right to complain to and to have his case promptly and impartially examined
by its competent authorities.17 It also requires that steps shall be taken to ensure that
the complainant and witnesses are protected against all ill-treatment or intimidation
because of his complaint or any evidence given.18 It also stipulates that each State
Party shall undertake to prevent in any territory under its jurisdiction other acts of
cruel, inhuman or degrading treatment or punishment which do not amount to torture
as defined in Article I, when such acts are committed by or at the instigation of or
with the consent or acquiescence of a public official or other person acting in an
official capacity.19 Thus, under the CAT, each State Party must take all appropriate
steps to protect its people from the cruel, inhuman and degrading treatment or
punishment and at the same time, the State shall take proper measures to afford a
quick and effective remedy to the person who is the victim of unlawful torture.
The Sustainable Development Goals (SDGs) are the blueprint to build a better
and more sustainable future for all people around the world. They focus on the global
challenges including poverty, quality health, quality education, gender inequality,
climate change, environmental degradation, sustainable energy, economic
development, peace, and justice. All the contracting parties have pledged to fulfill
these goals by taking robust action within their respective countries by 2030. It
requires that independent, accountable, pro people, and inclusive institutions are
necessary to fulfill these goals. Goal five of the SDGs requires that every State Party
shall take proper steps to achieve gender equality and empower all women and girls.

15
„Reservations to the Convention on the Rights of the Child: A Look at the Reservations of Asian
State Parties‟ (International Commission of Jurists, 1 February 1994) <https://www.icj.org/
wpcontent/uploads/2013/10/Asia-Convention-Rights-of-the-Child-non-legal-submission-1994-
eng.pdf> accessed 20 March 2020.
16
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984
(CAT), art 2(1).
17
ibid, art 13.
18
ibid.
19
ibid, art 16.
148 Dhaka University Law Journal, Vol. 31, 2020

Goal ten entails that every State Party shall take appropriate measures to reduce
inequality within and amongst States. Goal 16 requires that every State shall promote
peaceful and inclusive societies for sustainable development, provide access to justice
for all and build effective, accountable, and inclusive institutions at all levels. The
core spirit of the SDGs is to ensure human rights for all. It advocates that without the
realization of human rights, it is implausible to ensure sustainable development. After
all, it urges that without founding an effective, accountable, and inclusive institution,
it may be implausible to enforce, protect, and promote human rights and human
development.
2.2.2 The Paris Principles and the Formation of National Human Rights bodies
The obligations outlined in the instruments described above form the foundation
for establishing national human rights institutions like Bangladesh's NHRC for the
protection, promotion, and enforcement of human rights and human development.
Because of repeated violations of human rights by States worldwide, the
representatives of most States met in Paris to think about how to make up the human
rights Conventions more effective in the lives of citizens. Consequently,
representatives of States developed the Paris Principles, which urge every member
State to set up a national human rights institution to protect, promote, monitor, and
fulfill the human rights of the people. The UN Commission on Human Rights and the
UN General Assembly approved these principles subsequently.20 Thus, it became the
obligation of all member States to establish national human rights institutions for the
protection and promotion of human rights and human development.
The World Conference on Human Rights reiterates the importance and
constructive role played by national human rights institutions for the promotion and
protection of human rights, in particular in their advisory capacity to the competent
authorities, their role in remedying human rights violations, in the dissemination of
human rights information, and education in human rights.21 This Conference
encourages the establishment and strengthening of national institutions, having regard
to the "Principles relating to the status of national institutions" and recognizing that it
is the right of each State to choose the framework which is best suited to its particular
needs at the national level.22 To comply with obligations under the above mentioned
international legal instruments, the Parliament of Bangladesh has enacted the NHRC
Act to found NHRC in order to promote, protect, and monitor the human rights of the
people of Bangladesh.

20
General Assembly Resolution 48/134 of 20 December 1993.
21
Vienna Declaration and Program of Action 1993, art I (36).
22
ibid.
Strengthening the National Human Rights Commission of Bangladesh 149

3. The NHRC of Bangladesh

3.1 The Historical milieu of the formation of the NHRC
In the 1990s, the civil society and international community raised their voices
demanding the setting up an independent and neutral State institution to ensure the
accountability of the State.23 It was anticipated that this institution would offer the
State with the necessary guidelines and recommendations for guaranteeing human
rights. This institution was also expected to pave the way for the protection of human
rights defenders. Consequently, in 1996, the government took a strategy to gauge the
prospect of forming the NHRC.24 Afterward, with the assistance of UNDP, a draft
Act was proposed in 1998 to form the Commission. However, the legacy of
negligence and ineptitude of the previous regime was still prevalent. Thus, the issue
was untouched and under consideration for a prolonged period. At last, a
Commission was established on the 1st September of 2008 with the promulgation of
the National Human Rights Commission Ordinance 2007, by the caretaker
government (an interim non-elected government). A three-member Commission
began functioning on 1st December 2008.25 However, the NHRC takes the present
shape and comes into people's discussion after the enactment of the NHRC Act 2009,
on 14th July 2009. The NHRC started functioning in June 2010 under this Act. The
second Commission worked for two terms consecutively until June 2016. Then the
fourth Commission commenced its journey on the 2nd August of 2016. The present
one is the fifth Commission, which has taken charge on the 22nd September of
2019.26 The Chairman of the first Commission was a former Justice of the Supreme
Court of Bangladesh; the second & third Commission was a professor of law; the
fourth was a former bureaucrat, and the fifth Commission is also a retired bureaucrat.
3.2 Composition of the NHRC
Under the NHRC Act, the Commission shall consist of a Chairman and not more
than six members. The Chairman and one member of the Commission shall be full
time, and other members shall be honorary. Among the members, at least one shall be
a woman, and one shall be from an ethnic group. The Chairman shall be the chief
executive of the Commission.27 The President shall, upon the recommendation of the
selection committee, appoint the Chairman and the members of the Commission.28 To
23
Ain O Salish Kendra, Report on Civil Society Dialogue with National Human Rights Commission
Bangladesh <http://www.askbd.org/ask/2017/12/10/report-civil-society-dialogue-nhrc/> accessed 20
March 2020.
24
ibid.
25
ibid.
26
National Rights Commission Bangladesh, Annual Report (NHRC 2018) 13 <http://nhrc.portal.
gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/cb8edec9_5aee_4b04_bf2a_229d9cd226a0/
Annual%20Report-2018%20English.pdf> accessed 25 March 2020.
27
NHRC Act 2009 (Bangladesh), s 5.
28
ibid, s 6(1).
150 Dhaka University Law Journal, Vol. 31, 2020

make a recommendation on the appointment of the Chairman and members, a

selection committee shall consist of the following seven members, namely:- (a) the
Speaker of the House of the Nation who shall also be its President; (b) Minister,
Ministry of law, Justice, and Parliamentary affairs; (c) Minister, Ministry of Home
Affairs; (d) Chairman, Law Commission; (e) Cabinet Secretary, Cabinet Division; (f)
Two Members of the Parliament, nominated by the Speaker of the House of the
nation, out of whom one shall belong to the ruling party and the other from the
opposition party.29 To make a recommendation on the appointment of the Chairman
and the members, the selection committee shall recommend two names against each
vacant post based on the decision of the majority of the votes of the members present
in the meeting. In case of equality of votes, the persons presiding over the meeting
shall have the right to exercise a casting vote.30
No person shall be eligible for appointment to the post of the Chairman or
member of the Commission or shall hold a post if he is below 30 and over 70 years of
age. The Chairman and the members shall, subject to the provision of this section, be
appointed from amongst the persons who have remarkable contributions in the field
of legal or judicial activities, human rights, education, social service, or human
welfare.31
Thus, the Commission has only two permanent members, including its Chairman;
and all other members are honorary. Honorary members do not actively take part in
the functions of the NHRC. They only join in the meetings of the NHRC. It may be
challenging for only two members to run all the functions of the NHRC efficiently
around the entire country.
The President appoints the Chairman and members based on the recommendation
of the selection committee, but the majority of the members of the selection
committee belong to the ruling party and only one member from the opposition party.
Hence, the government has scope to nominate those persons who will work on behalf
of it and are likely to turn a blind eye to the government‟s role in human rights
abuses.
3.3 Functions of the NHRC
The NHRC, a statutory body, has been founded to protect, enforce, and promote
human rights in Bangladesh. Under the NHRC Act, it is obliged to undertake and
implement diversified functions for the promotion and protection of human rights. As
per section 12 (1) of the NHRC Act, it shall execute all or any of the following
functions, namely:

29
Ibid, s 7.
30
ibid.
31
NHRC Act 2009 (Bangladesh), s 6.
Strengthening the National Human Rights Commission of Bangladesh 151

 investigate any complaint against human rights breaches either on the

complaint or suo motu.
 visit any jail or correctional centers, and such other similar places and make
recommendations to the government thereon for the development of those
places and their conditions.
 conduct research on various international documents relating to human rights and
provide the government with necessary recommendations to enforce them.
 scrutinize the proposals for new legislation for verifying their compliance
with international human rights benchmarks and to make recommendations
for amendment to the appropriate authority.
 inquire complaints related to the infringement or possibility of the breach of
human rights and resolve the issue through mediation.
 provide legal support to the victim of violations of human rights.
 conduct research on the human rights situation of the country.
 create consciousness as to human rights through enormous publicity and
publications.
 provide training for members of law enforcement agencies and other persons
concerned regarding the protection of human rights.
 perform such other functions, as may be necessary for the promotion of
human rights.
Any careful reading of the abovementioned provisions relating to the functions of the
NHRC, will show that it has possibly been overburdened with a bundle of duties to
promote, enforce, and protect human rights and human development in Bangladesh.
However, the execution and implementation of these functions depends on the will of
the government.

4. Human Rights Conditions in Bangladesh

The fundamental rights of people guaranteed under the Constitution of Bangladesh
are more in their breach than their observance, let alone all human rights. The daily
newspapers of Bangladesh report human rights violations every day. The human
rights report of newspapers, NHRC, national and international NGOs, and
international human rights organizations reveal a pattern of increasing violations of
human rights in Bangladesh. Recently, Bangladesh has graduated from the least
developed countries category to a developing country. Though a little bit of
advancement of socio-economic human rights is evident from the human rights report
of NHRC and NGOs, civil and political rights are flouted and abused awfully in
Bangladesh. The following types of violations of human rights are widespread and
increasing alarmingly.
152 Dhaka University Law Journal, Vol. 31, 2020

4.1 Arbitrary Arrest and Detention

Arbitrary detention is a frequent phenomenon in Bangladesh. The government
agencies detain people without showing sufficient cause to protect the interests of the
government. The law enforcement agencies (Police, Rapid Action Battalion and
Detective Branch) also arrested at least 100 students, most of whom participated in
the quota reform and road safety protest movements in 2019.32 The Special Powers
Act,1974 allows law enforcement agencies to arrest and detain an individual without
an order from a magistrate or a warrant when such an agency contemplates that
individual may be involved in a prejudicial act, which is a threat to security, interest
and public order of the State. They can also detain people without producing them
before the court for a prolonged period under this Act. The law enforcement agency
rationalizes most of the arbitrary arrest and detention under this Act.
4.2 Extrajudicial Killing
The number of extrajudicial killings is increasing gradually in Bangladesh. The
year of 2017 has witnessed an anti-drug drive in which more than 300 people were
killed for allegedly being connected with the drug/narcotics business.33 More than
388 people were killed by the security forces in alleged extrajudicial executions, 279
people were killed before the arrest, 97 people were killed after the arrest, and others
were killed after torture or other means.34 According to ASK reports from
newspapers and its own source, 437 persons have been victims of extrajudicial killing
from January to October 2018.35 Human Rights Support Society (HRSS), a domestic
human rights organization, reported that the security forces killed more than 400
individuals in crossfire incidents from January to September.36 These reports clearly
shows that the government is curtailing the right of the accused to assure trial. The
law enforcement agency is killing people in the name of cross fire arbitrarily and
without giving them an opportunity of being heard or fair trial.
4.3 Unlawful Torture and Inhuman Treatment
Inhuman treatment and unlawful torture are frequently used to extract
information from accused persons. In most cases, an accused is compelled to make
involuntary extrajudicial confession due to such inhuman treatment or unlawful

32
Bureau of Democracy, Human Rights, and Labor, Country Reports on Human Rights Practices:
Bangladesh (US Department of State 2019) <https://www.state.gov/reports/2019-country-reports-on-
human-rights-practices/bangladesh/> accessed 20 March 2020.
33
Ain O Salish Kendra (n 23) 18.
34
Amnesty International, „Bangladesh 2019‟ <https://www.amnesty.org/en/countries/asia-and-the-
pacific/bangladesh/report-bangladesh/> accessed 20 March 2020.
35
Tamanna Hoq Riti in Maimuna Syed Ahmed (ed), National Human Rights Commission,
Bangladesh: Existing Challenges and Expectations of Civil Society (Ain O Salish Kendra 2018) 23-
24 <https://www.askbd.org/ask/wp-content/uploads/2019/02/NHRC-Report_English.pdf> accessed
15 February 2020.
36
Bureau of Democracy, Human Rights, and Labor (n 32).
Strengthening the National Human Rights Commission of Bangladesh 153

torture. The security forces reportedly use threats, beatings, kneecappings, electric
shocks, and sometimes commits rapes and other sexual abuses in extracting
confessional statement from the accused.37
In August of 2019, the UN Committee Against Torture (CAT) expressed deep
concerns over allegations of widespread use of torture, mistreatment and soliciting
the payment of bribes by Bangladeshi law enforcement officials to extract
confessions. The CAT report also condemned the lack of publicly accessible
information on abuse cases and the failure to ensure accountability for law
enforcement agencies, particularly the Rapid Action Battalion (RAB).38 Although
inhuman treatment and unlawful torture violate fundamental rights and human rights,
they are usually employed by law enforcement agencies to gather information as to
the commission of offenses. The cardinal principle of human rights is that nobody
shall be compelled to give evidence against himself. Therefore, inhuman treatment
and torture to extract information is a grave violation of human rights.
4.4 Forced Disappearance
Many people including wealthy businesspeople, political opponents, as well as
critics of the government are frequently disappeared in Bangladesh. In most
instances, the law enforcement agencies are assumed to be involved in such incidents.
According to media reports, some of disappearances occurred in 2018. Mention may
be made to Shajol Chowdhury‟s abduction. Mr. Shajol, an owner of several
businesses, including a shipbreaking venture in Chittagong, has returned home a
week after being abducted.39 According to ASK reports from national dailies, a total
of 34 persons were victims of abduction, disappearance, and went missing in 2018.
Of them, 19 have been traced subsequently, most of whom are in prison in different
cases.40 The HRSS affirmed that there were 58 enforced disappearances from January
to September, and Odhikar asserted that there were 83 enforced disappearances from
January to November of 2019.41 These reports reveal that enforced disappearance
have become turned out to be a common incident in Bangladesh. The government did
not take any appropriate steps to stop this kind of violation of human rights. The
government did not even respond to a request from the UN Working Group on
Enforced Disappearances to visit the country.42 The report also implies that the
government has failed to prevent this kind of severe violation of human rights.

37
ibid.
38
ibid.
39
Ain O Salish Kendra (n 23) 17.
40
Abu Ahmed Faijul Kabir, Anirban Saha and Hasibur Rahman, Human Rights Situation of
Bangladesh in 2018: An Observation (Ain O Salish Kendra 2019) 6. <https://docs.google.com/
viewerng/viewer?url=http://www.askbd.org/ask/wpcontent/uploads/2019/06/ASK-HR-
Booklet-English-2018-Correction-20-06-19.pdf> accessed 30 March 2020.
41
Bureau of Democracy, Human Rights, and Labor (n 32).
42
ibid.
154 Dhaka University Law Journal, Vol. 31, 2020

4.5 Infringements of Rights of the Marginalized Communities

Religious minority groups and ethnic communities are frequent victims of the
attacks and violations of human rights in Bangladesh. In February 2018, two Marma
girls in Rangamati were sexually assaulted by members of Ansar. In August 2018, 06
people were killed in Khagrachari by some miscreants.43 The NHRC urged the
government to strengthen the law and order situation in Chittagong Hill Tracts areas
to provide security to the ethnic minority people.44 At least 43 indigenous political
activists were killed and 67 injured mostly because of fighting between political
factions.45 Police had not recorded first information report against Muslim villagers
accused of vandalizing and burning approximately 30 Hindu houses in Rangpur in
November 2017 in response to a rumored-on Facebook post demeaning Islam.46
These reports explore that religious minorities and ethnic communities are the
vulnerable victims of violations of human rights in Bangladesh. Their human rights
and fundamental freedoms are frequently flouted.
4.6 Violations of Women’s Rights
Bangladesh‟s women are frequently victims of infringements of human rights and
fundamental rights. Due to the lack of appropriate action and effective remedy, the
number of violations in this arena is rising alarmingly. The report of the Global
Alliance of National Human Rights Institutions (GANHRI) reveals that its members,
including India, Nepal, and South Africa except Bangladesh, have taken the
initiatives to prevent gender-based violence against women.47 The following kinds of
violations of women‟s human rights are widespread in Bangladesh.
4.6.1 Rape
According to ASK documentation, a total of 732 women were victims of rape and
gang-rape in the year 2018. Among them, 63 were murdered after rape, and 7
committed suicide.48
4.6.2 Stalking and Sexual harassment
In 2018, a total of 173 women and men became victims of sexual harassment and
other kinds of violence; among them, 116 were women. As many as 8 women

43
Ain O Salish Kendra (n 23) 20.
44
ibid.
45
Amnesty International (n 34).
46
Bureau of Democracy, Human Rights, and Labor (n 32).
47
Alexandre Bouchard and others,
Preventing and Eliminating All Forms of Violence against Women and Girls: The Role of National Human
Rights Institutions - A Contribution to the Review and Priority Themes of CSW63 (GANHRI 2018)
<https://nhri.ohchr.org/EN/Documents/DIMR_GANHRI%20CSW%20Report_final%20BF.pdf>
accessed 20 March 2020.
48
Ain O Salish Kendra (n 40).
Strengthening the National Human Rights Commission of Bangladesh 155

committed suicide due to sexual harassment. Twelve persons, including 3 women,

were murdered.49
4.6.3 Dowry and Domestic Violence
In 2018, a total of 195 women became victims of physical torture for dowry. Of
them, 85 died, and 6 committed suicide because of torture. In that year, a total of 409
women were victims of domestic violence.50
4.6.4 Violence Against Domestic Worker and Acid Throwing
In 2018, as many as 54 women domestic workers became victims of torture. Among
them, 4 were victims of rape, 26 were physically tortured, and 18 died of torture and other
causes. This year, as many as 22 women were victims of acid attacks, and 1 of them died
consequently.51
These reports reveal that the human rights of the women are seriously under
threat and their rights are not safeguarded. Despite having equal rights provision in
the Constitution, women do not have equal share over the property. Though women
are entitled to have special protection for their rights, they are contravened
enormously in Bangladesh.

5. Abuses of Children’s Rights

Children are entitled to have special safeguards for their rights. However, their rights are
flagrantly contravened in Bangladesh. According to the NHRC monitoring report, 169
children were raped in 2018.52 As per ASK report, 1011 children became victims of
various forms of torture in 2018. Due to physical torture, murder after rape as well as
murder after a failed attempt to rape, killing after kidnapping and disappearance,
altogether 283 children were killed, and of them 28 were victims of a mysterious death.
Moreover, as many as 444 children became victims of sexual harassment and
rape.53 The report uncovers that children‟s rights are not safeguarded, and they are the
frequent victims of breaches of human rights. There is also a lack of child-friendly
measures in Bangladesh for the security and benefit of the children.

6. The response of Bangladesh to the United Nations or Other International

Human Rights Bodies
It is well well-known to the government of Bangladesh that human rights are
infringed and not protected. Hence, when the international human rights bodies
49
ibid.
50
ibid.
51
ibid.
52
Ain O Salish Kendra (n 23) 19.
53
Ain O Salish Kendra (n 40).
156 Dhaka University Law Journal, Vol. 31, 2020

request to visit Bangladesh to understand the real picture of contraventions of human

rights, in most cases, the government refuses to allow such a visit. The report
confirms that the government did not respond to the request of the UN Working
Group on Enforced Disappearances to visit the country. The Office of the UN
Resident Coordinator in Bangladesh testified 15 other awaiting requests for UN
special rapporteurs to visit the country, including the special rapporteur on
extrajudicial killing, summary or arbitrary executions; the special rapporteur on the
rights to freedom of peaceful assembly and association; and the special rapporteur on
the promotion and protection of human rights and fundamental freedoms while
countering terrorism.54
As a member of the UN, Bangladesh has the obligation to cooperate with
international bodies to ensure peace within and beyond the State. If such international
bodies could visit Bangladesh, they might have been acquainted with the real picture
of the infringements of human rights. Realizing the human rights situation, they could
assist Bangladesh in protecting and promoting human rights appropriately.
6.1 Report of Human Rights Bodies of Bangladesh
The human rights report of ASK of 2017 noted that insufficient fund, inadequate
support staffs and nominal government‟s support limit the Commission‟s
effectiveness and independence.55 It also remarked that Nasima Begum, former senior
secretary of the Ministry of Women and Children Affairs, was appointed the NHRC‟s
Chairman in September 2019. This appointment prompted sharp criticisms from civil
society, who questioned the government‟s selection process, and condemned the
Commission‟s effectiveness and independence as almost all members were former
government bureaucrats.56 This report reveals that the NHRC is mostly reliant on the
government, and simultaneously, it is also unduly influenced by the government. It
has also remarked that the appointment procedure of the Chairman and
commissioners are not fair and transparent at all.57

6.2 The Universal Periodic Review (UPR) of the UN of Bangladesh

It is a procedure under which every member of the UN must submit the report of
human rights conditions and measures that the government has taken to protect,
enforce, and promote human rights within a country. The UPR of 2018, states that
Bangladesh‟s initiative tool to strengthen the national human rights institution
(NHRI) is applauded. Michelle Bachelet (High Commissioner for Human Rights)
encourages increasing independence and effectiveness of the NHRC, bringing it into

54
Ain O Salish Kendra (n 23).
55
ibid.
56
ibid.
57
ibid.
Strengthening the National Human Rights Commission of Bangladesh 157

full compliance with the Paris Principles, including by ensuring its ability to directly
investigate alleged human rights violations perpetrated by the security forces and by
making adequate resources available.58 Thus, the government of Bangladesh has been
instructed to empower the NHRC in full conformity with the Paris Principles. In the
third Cycle UPR of Bangladesh, Germany raised three relevant questions. It
questioned about what is the current status on the withdrawal of reservations on
articles 2 and 16.1(c) of the CEDAW that Bangladesh agreed to; What steps has the
Government of Bangladesh undertaken to fight impunity in recorded cases of
extrajudicial killings, enforced disappearances, and torture; and what does the
Government of Bangladesh intend to do to guarantee freedom of expression in the
new Digital Security Act.59 These three questions were asked because the
infringements of human rights regarding these three areas are very high in
Bangladesh. Bangladesh has not replied to these questions appropriately. Considering
this report, it is obvious that international communities are not satisfied; rather, they
are concerned about the human rights conditions, violations, and abuses in
Bangladesh.

7. Public Opinion as to the Violations of Human Rights

As human rights are usually breached in Bangladesh, many prominent citizens
from diverse experiences have raised their voices as to the abuses of human rights.
Habib Zafarullah60 & Mohammad Habibur Rahman61 opine that the state of human
rights in Bangladesh is far from acceptable, although the concentration on this issue
has sharpened significantly. The country's law and order condition portray an awful
picture. The situation deteriorated to the extent that police involvement in theft,
robbery, and rape frequently appearing in the news. Governments, past and present,
have perpetrated severe human rights abuses.62 Numan Mahfuj63, and Md. Mizanur
Rahman64 opine that while evaluating human rights and human security scenario in
Bangladesh, it is unquestionably evident that fundamental human rights are severely

58
Working Group on the Universal Periodic Review, National report submitted in accordance with
paragraph 5 of the annex to Human Rights Council resolution 16/21: Bangladesh (United Nations
Human Rights Council 2018) <https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/050/
26/PDF/G1805026.pdf? Open Element> accessed 20 July 2020.
59
ibid.
60
Habib Zafarullah received a Ph.D. in Public Administration from the University of Sydney and
currently teaches Political Science and Public Policy at the University of New England, Australia.
61
Mohammad Habibur Rahman is a Professor of Public Administration at the University of Dhaka.
62
Habib Zafarullah & Mohammad Habibur Rahman, Human Rights, „Civil Society and
Nongovernmental Organizations: The Nexus in Bangladesh‟ (2002), vol. 24, no. 4, Hum. Rts. Q.
1011, the Johns Hopkins University Press, p. 1011-1034. Hein Online, accessed 20 April 2020.
63
Numan Mahfuj is a lecturer, Department of Public Administration, Jagannath University, Dhaka.
64
Mizanur Rahman is an Assistant Professor, Department of Public Administration, Bangabandhu
Sheikh Mujibur Rahman Science and Technology University, Gopalgonj, Dhaka.
158 Dhaka University Law Journal, Vol. 31, 2020

flouted, leaving people inhumanly unprotected.65 Barrister Md. Abdul Halim66 and Dr
Abdullah A. Dewan67 mentioned in a newspaper article that instances of gross human
rights violations(HRVs) by law enforcing agencies, local political leaders, elected
representatives, private companies, land grabbers, slum evictions and so on are
pouring in expressed on a daily and hourly basis.68 The former US Ambassador to
Bangladesh, Dan Mozena his concern to the NHRC‟s Chairman of that time Dr
Mizanur Rahman that 51 percent of the country‟s 153 million people are not
cognizant of human rights and recommended him to raise people‟s consciousness
(The Daily Sun, 25th July, 2013).69 Maliha Khan, a graduate of the Asian University
for Women and human rights activist, writes in the Daily Star newspaper that the
NHRC Act states that the Commission is an independent statutory body, yet, in many
aspects, it acts as a watchdog. While it has the power to investigate complaints of
human rights violations, it does little beyond basic fact-finding and writing a report. It
does not follow through until official investigations end or are brought to a
satisfactory close. She also says that the year 2018 was tumultuous. The quota reform
and road safety movements saw students, teachers, and journalists attacked while
trying to protest peacefully or covering the protests, pre, and post-election violence,
and extrajudicial killings in anti-narcotics drive-by security forces which claimed the
lives of around 300 people.70 One of the journalists of the Daily New Age newspaper,
published an article on 11th February 2020, that the country witnessed a total of 391
alleged extrajudicial killings and that the human rights situation in the country
remained quite alarming throughout the year. The public opinion as to the condition
of the rule of law is also shocking in Bangladesh. The report demonstrates that in
2020, the position of Bangladesh is 115 out of 128 countries, and the observance of
the rule of law in Bangladesh is decreasing every year.71 This report is prepared based
on public opinion. Thus, the opinion of the public reveals that the contraventions of
fundamental rights and human rights are ever-increasing in Bangladesh.

65
Numan Mahfuj and Md. Mizanur Rahman, „Ensuring Human Security in Bangladesh: Role of
National Human Rights Commission (NHRC)' <https://www.academia.edu/37437897/Ensuring_
Human_Security_in_Bangladesh_Role_of_National_Human_Rights_Commission_NHRC>
accessed 20 April 2020.
66
Md. Abdul Halim is an Advocate in the Supreme Court of Bangladesh.
67
Dr. Abdullah A. Dewan is a Professor of Economics, Eastern Michigan University, USA.
68
Md Abdul Halim and Abdullah A Dewan, „Is National Human Rights Commission (NHRC) A Show
and Tell Institution Part II?‟ The Daily Sun, (Dhaka, 27 July 2013) <https://www.academia.edu/
36846951/Is_National_Human_Rights_Commission_Nhrc_A_Show_And_Tell_Institution_Part-I>
accessed 20 April 2020.
69
ibid.
70
Maliha Khan, How independent and effective is the NHRC, „Your Right To Know‟ The Daily Star,
(Dhaka, 17 July 2019) <https://www.thedailystar.net/star-weekend/cover-story/human-rights-how-
independent-and-effective-the-nhrc-1769992> accessed 25 April 2020.
71
World Justice Project, The World Justice Project Rule of LawIindex2020 (World Justice Project 2020)
<https://worldjusticeproject.org/sites/default/files/documents/Bangladesh%2%202020%20WJP%
20Rule%20of%20Law%20Index%20Country%20Press%20Release.pdf> accessed 30 April 2020.
Strengthening the National Human Rights Commission of Bangladesh 159

8. Judicial attitude towards the NHRC

The NHRC has the authority to proceed to the court to get redress for the
infringements of human rights on behalf of victims. In Children’s Charity
Foundation Bangladesh Vs. NHRC72, popularly known as the Khadiza torture case,
the petitioner alleged that the torture and abuse of domestic worker Khadiza Akhter
was perpetrated by her employer in the Mirpur of Dhaka. On 6th December 2013,
police rescued her from her employer‟s house and got her admitted to Dhaka Medical
College Hospital with injuries on different parts of her body. Before filing the writ
petition, a letter was sent to the NHRC to take action against the violators of human
rights by the Children‟s Charity Foundation Bangladesh, but it did not take any
significant step at all. The High Court Division (HCD) of the Supreme Court of
Bangladesh, in its observation, directed the NHRC to raise any matters before the
court, if the government authorities concerned do not comply with the Commission's
recommendations. The court also pronounces that the NHRC is not doing enough to
protect the victim of human rights violations. The HCD also opined that the rights
body's "negligence" is frustrating.73 It is pertinent to comment that the petitioner
raised the issue that due to the defective appointment procedure, the NHRC has
become a club of former bureaucrats and for which it cannot go against the
government‟s agenda.74 The respondent, Fauzia Karim, who was also a member of
the NHRC, argued that the NHRC does not have enough power to protect human
rights within the NHRC Act.75 From the arguments of the parties and opinions of the
court, it may be assumed that the NHRC has neglected to protect and promote human
rights in Bangladesh due to the lacunae within the NHRC Act.

9. Comparative Analysis of Human Rights Institution of Bangladesh, India,

Nepal, and South Africa
9.1 Comparison between Bangladesh and India
There is a significant deficiency in the appointment procedure of the Chairman
and members of the NHRC of Bangladesh. The above discussion reveals that even a
person who does not have any legal expertise in human rights may be appointed as
the Chairman and members of the Commission.76 Consequently, the appointed office
bearers of the Commission may not realize the real meaning of human rights and
their proper enforcement mechanisms. Thus, the lack of required legal knowledge in
human rights and their enforcement mechanisms may indirectly hinder them from
performing their duties properly and effectively. Whereas, the Protection of Human

72
Writ Petition No 16386 of 2018, Judgment on 11.11.2019(HCD), judgment has not been yet reported.
73
Maliha Khan (n 70).
74
Writ Petition No 16386 of 2018 (n 72), para 4.10.
75
ibid.
76
NHRC Act 2009 (Bangladesh), s 6(2).
160 Dhaka University Law Journal, Vol. 31, 2020

Rights Act 1993 of India stipulates that the Chairman and two members of the
Commission must be appointed from persons who have been or are Chief Justice or
Judges of the Supreme Court or High Courts of India and another two members shall
be appointed from persons having knowledge of or practical experience in, the
matters relating to human rights.77 Thus, India has emphasized more on the legal
background in selecting Chairman and members of the NHRC, perhaps considering
the above consequences.
This Act of India, in contrast, provides for the institution of Human Rights
Courts for speedy trial of offenses arising out of contravention of human rights.78As
human rights are the most crucial and specialized area of jurisprudence, it entails
special protection. It is plausible that a special court may protect and enforce
breaches of human rights appropriately and effectively. The NHRC Act does not have
any provision like this. Consequently, the sufferers of abuses of human rights do not
get proper remedies in Bangladesh.
9.2 Comparison between Bangladesh and Nepal
Although as per the NHRC Act 2009, the NHRC is an independent statutory
body79, in reality, it is not as independent as is necessary for its proper and
independent functioning. For several purposes, including those of finances, it has to
depend on the government and other agencies.80 In contrast, the Constitution of Nepal
provides that the Commission is the Constitutional body.81 As the Constitution is the
supreme law of a country, provisions of it are given prime importance, and
everybody, including the government cares about the Constitutional mandate. It is
thought that a Constitutional body is more powerful than the statutory body due to its
Constitutional status. A Constitutional body is only answerable to the Constitution.
Legally, a Constitutional body is given a higher rank than a statutory body. Thus, a
Constitutional body can act more effectively, appropriately, and independently than
the statutory body.
The Constitution of Nepal authorizes that the Commission in accomplishing its
functions and duties may use the authority to order compensation to the victims of
human rights infringements.82 The NHRC of Bangladesh might have the legal power
to award compensation to the victims of human rights violations as interim relief.
However, there is no such provision in the NHRC Act to award compensation to
sufferers for abuses of human rights instead it has the power to recommend to the
government to award aid (not compensation) to the victim as an interim relief during

77
Protection of Human Rights Act 1993 (India), s 3(2).
78
ibid, s 30.
79
NHRC Act 2009 (Bangladesh), s 3(2).
80
ibid, s 24(4)(a).
81
Constitution of Nepal 2015, Part 25, art 248.
82
ibid, art 249(3)(d).
Strengthening the National Human Rights Commission of Bangladesh 161

the period of investigation or inquiry.83 It, in effect, means that aid is possible only
when the government thinks it fit and proper. Thus, the aid measure is dependent on
the mercy of the government. This factually transfers the balance of convenience to
the government and therefore makes the NHRC actions conditional upon the
satisfaction of the former. Thus, the actual power to decide aid belongs to the
government. This hinders the NHRC to ensure justice for the victim.
The Constitution of Nepal has not excluded any authority from the purview of its
Commission.84 However, the NHRC Act of Bangladesh stipulates that
notwithstanding anything contained in section12 (1), the following matters shall not
be included into the functions or duties of the Commission; issues relating to the
cases being tried before a court; or any issue relating to the service matters of the
public servants of the Republic and any employee engaged in the service of a
statutory public authority which is triable in any tribunal established under the
Administrative Tribunals Act, 1980(Act VII OF 1981).85 It may be assumed that the
authorities who are beyond the jurisdiction of the NHRC deal with several crucial
human rights issues. Keeping them out of its jurisdiction in such areas, where a right
can be infringed in any form not only limits the power of the NHRC but also implies
that some breaches, even if they occur, stand outside the jurisdiction of the
Commission forever. This somewhat indemnity is dangerous for a human rights
culture as if it affords a kind of permission for some infringements to continue.
9.3 Comparison between Bangladesh and South Africa
As argued above, the NHRC is, in effect, merely a recommendatory body. It cannot
pass any mandatory decision or direct the government to modify or change the draft bill
of legislations that do not comply with the human rights obligation of Bangladesh. It is
only authorized to make recommendations to the government for taking appropriate
measures, and the government is not legally obligated to comply with recommendations
forwarded by the Commission. In comparison, the Constitution of South Africa stipulates
that the Commission possesses the power to take steps to guarantee appropriate redress
for human rights violations.86 Thus, the South African Commission has extensive
authority to implement human rights by offering a proper remedy to victims. Whereas the
NHRC of Bangladesh does not have any authority over anyone for the enforcement of
human rights or the execution of its decision. It also has no power to take binding
initiatives for the implementation and protection of human rights. The Constitution of
South Africa also provides that the commission is a Constitutional body.87 In contrast, the
same is a statutory body in Bangladesh.
83
NHRC Act 2009 (Bangladesh), s 19(2).
84
Constitution of Nepal 2015, art 249.
85
NHRC Act 2009 (Bangladesh), s 12(2).
86
Constitution of South Africa 1996, s 184(2)(b).
87
ibid, s 184.
162 Dhaka University Law Journal, Vol. 31, 2020

The South African Commission has a mandate to get a report from each
department of government every year to uncover what they have done to promote
human rights in their work.88 This is a vital provision that paves the way for the
Commission to overview the functions of each department of government and
prepare human rights assessment based on that report. Consequently, each
department of government may be more alert in the fulfillment of human rights
obligations and in developing human rights culture. In India, obeying the orders of
the Commissions has become a convention though it is still a pretty borderline case.89
In Bangladesh, the NHRC has no authority to ask for report or even the reason for the
non-compliance of its recommendations.

10. Lacunae in the NHRC Act

The NHRC Act, if we consider it as a statement of the State, in the fulfillment of its
international commitment to protect and promote human rights and human
development, its linguistic mandates portray the pros and cons within it. If these are
assessed against any practical parameter, a near correct result of the legal provisions
can be assumed. The GANHRI (Global Alliance of National Human Rights
Institutions) categorizes the national human rights institutions on the basis of their
performance and compliance of its enabling Act with the Paris Declaration. Its report
confirms that the NHRC of Bangladesh is now in the „B‟ category. 90 It also reveals
few lacunae and limitations of the existing NHRC Act of Bangladesh, which are
obstacles for the NHRC to be elevated to „A‟ category which are as follows:
 inadequate definition of Human Rights;
 lack of transparency in the selection process of the Chairman and members;
 limitation in enjoying full economic freedom;
 and limited jurisdiction in investigating violations of human rights by law
enforcement agencies i.e., police and security forces.91
This report uncovers that the NHRC cannot do well in protecting and promoting
human rights due to some inherent lacunae within the NHRC Act. The NHRC
Chairman argues that the NHRC does not have enough power to fight against all the
facets of human rights violations (HRVs).92 He routinely grumbles that the

88
South African Human Rights Commission Act 2013, preamble; Constitution of South Africa 1996, s
184(3).
89
A H Monjurul Kabir, „A National Human Rights Commission for Bangladesh‟ (December 1999) 18
Focus<http://www.hurights.or.jp/archives/focus/section2/1999/12/a-national-human-rights-
commission-for-bangladesh.html> accessed 14 January 2020.
90
Ain O Salish Kendra, „Report on Civil Society Dialogue with National Human Rights Commission
Bangladesh’ (n23).
91
ibid.
92
Halim and Dewan (n 68).
Strengthening the National Human Rights Commission of Bangladesh 163

Commission lacks any authority to take action for HRVs by disciplinary forces.93
Thus, because of shortcomings in the NHRC Act, the NHRC is failing to protect
human rights adequately. It is evident that the NHRC Act is by and large a monistic
instrument that very improperly burdens the NHRC with responsibilities for which
there are no guarantees in the Act of mutual or corresponding obligations. This
absence of counterbalancing formulation in the provisions of the Act makes most of
its claims, statements somewhat phony. This is apparent, especially when compared
to a similar yet functionally better model. The generality of such asymmetries
significantly weakens the normative strength of the law and efficacy of the NHRC. A
glimpse of this imbalance is described below:
10.1 Flaws in the Definition of “Human Rights”
The definition of human rights given in the NHRC Act is flawed. As discussed
above, the definition is very thin, and it does not include all facets of human rights. It
also does not cover the universal character of human rights because it includes only
Constitutionally guaranteed human rights and recognized human rights embodied in
international human rights instruments, which have been ratified by Bangladesh as well
as enforceable by the existing laws.94 It disregards the fundamental principles of state
policies, as mentioned in the Constitution of Bangladesh, which are also critical human
rights issues. It expressly focuses more on civil and political rights than social,
economic, and cultural rights. “Human rights those are declared under different
international human rights instruments ratified by Bangladesh and are enforceable by
the laws of Bangladesh".95 This part of the definition has imposed limitations on the
international standard, and the Commission can only exercise its jurisdiction on those
human rights, which are recognized and enforceable by the State, but not all
internationally recognized rights.96 Hence, the cardinal philosophy of human rights, as
discussed earlier, has not been addressed adequately by this definition. It is settled that
human rights do not require recognition or ratification of any country to be enforced
and call for Constitutional recognition of those rights; instead, it covers all rights
recognized by the international human rights instruments. The enforceability of those
rights also does not depend on the domestic court as required by the NHRC Act.
10.2 Multifaceted Institutional Dependencies of the NHRC
Institutional independence is sine qua non to make any institution free and useful.
It implies that an independent institution shall be free from all sorts of dependencies,
pressures, or influences from other institutions of the government. As per the Paris
Principles, for a NHRI to be truly independent, it must be financially solvent and able

93
ibid.
94
NHRC Act 2009 (Bangladesh), s 2(f).
95
ibid.
96
NHRC, Rahmat Ullah and Bayazid Hossain, ‘Study Report on JAMAKON: Critique’ p 13
164 Dhaka University Law Journal, Vol. 31, 2020

to act independently concerning budget and expenditures.97 NHRIs are often

ineffective because they lack resources. Control over their funding should be
independent of the government. Governments and legislatures should guarantee that
NHRIs receive adequate funds to perform all the functions set out in their mandates.98
However, the NHRC of Bangladesh for several purposes, including those of finances,
is directly dependent on the government and other agencies.99 The NHRC Act
requires that the fund of the NHRC shall come from government grants and grants
provided by the local authority.100 The term local authority has not been defined in
this Act. At present, the government's allocation is coming through the national
budget. This should continue and needs to be guaranteed through law.101 The report
of the NHRC claims that "the NHRC gets budgetary allocation from the government,
but insufficient. The exclusion of the NHRC's annual expenses from the national
budget has been marked as negligence of the government to the Commission. It is
meaningless to think over the independence of the NHRC without self-budgetary
power. It cannot implement its plan due to shortage of funds and government
dependency".102 In exercise of power, execution of decision, technical assistance,
and performance of obligations, the NHRC has to depend on foreign aid and
government significantly. The dependency of the NHRC on the project has gone into
such an interior that it has to hire international consultants for almost all its
significant tasks, including essential functions like baseline survey of the human
rights situation, formulating five years strategic plan, and other operational
procedures.103 Simultaneously, the government does not allocate the total contribution
of the donors for the NHRC's activities. For example, in 2011, the NHRCCDP
contributed USD 1,400,000, but the Government allocated a mere USD 196,250. 104
Thus seemingly, the NHRC does not enjoy full control over finance. One of the
functions of the NHRC is to review the factors, including acts of terrorism that inhibit
the safeguards of human rights and to make recommendations to the government for

97
International Council on Human Rights Policy, Assessing the Effectiveness of National Human
Rights Institutions (OHCHR 2005) 8. This report is co-published by the International Council on
Human Rights Policy and the Office of the United Nations High Commissioner for Human Rights
<https://www.ohchr.org/Documents/Publications/NHRIen.pdf> accessed 20 February 2020.
98
ibid.
99
NHRC Act 2009 (Bangladesh), s 24(4)(a).
100
ibid s 24(4).
101
Mizanur Rahman and others (eds), Annual Report (National Human Rights Commission Bangladesh
2010)<http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/cb8edec9_5aee_4b04
_bf2a_229d9cd226a0/Annual%20report%202010.pdf> accessed 26 October 2019.
102
Ullah and Hossain (n 96).
103
NHRC conducted a baseline survey (2011) having supports form UNDP, Danish International
Development Agency (DANIDA), Swiss for Development and Cooperation (SDC) and Swedish
International Development Agency (SIDA). Cited in NHRC Annual Report (n 26) 55.
104
Ain o Salish Kendra (ASK) and Human Rights Forum, Bangladesh, Bangladesh: National Human
Rights Commission is in Critical Juncture of Hype versus Real Action (ANNI Report-2012, Dhaka)
25. cited in NHRC Annual Report’ (n 26) 56.
Strengthening the National Human Rights Commission of Bangladesh 165

their appropriate remedial measures.105 This provision implies that the NHRC has to
rely on the government to take remedial measures against infringement of human
rights. In case of violations of human rights by law enforcement agencies, the NHRC
can only ask for a report from the government.106 The government has no
corresponding obligation to send the report in reply to the NHRC under the NHRC
Act. The NHRC has delivered statements, given recommendations and investigated
the violations of human rights for its prevention, despite that unlawful arrest, forced
disappearance, extrajudicial killing, torture in police custody and other cases of
violation of human rights are increasing alarmingly which is evident from the report
made by the NHRC and UNDP.107 Further, the NHRC has no separate secretariat.
The Ministry of Law, Justice and Parliamentary Affairs acts as the secretariat of it,
which is likely to hinder the NHRC from functioning independently. Thus, due to the
lack of institutional independence, NHRC is powerless to execute its own decisions
and mandates.
10.3 Inappropriate Appointment Procedure of Office Bearers
As discussed above, even a person who does not have any legal acumen as to
human rights may be appointed as Chairman and member of the Commission under
the NHRC Act.108 Due to the flaws in the selection process, the Chairman and most
members of the NHRC may be appointed from persons who have a direct or indirect
connection with the government. The civil society does not have an opportunity to be
involved in this process. A transparent appointment procedure is necessary to ensure
the independence of the NHRC. Appointment processes are one of the most
important ways to guarantee the freedom, diversity, and accessibility of NHRIs. A
direct appointment by the executive branch of government is undesirable. The
appointment procedure should be open and translucent.109 Because of unfair
appointment provision in the NHRC Act, the appointment procedure is swayed by the
government. Apart from this, of the seven commissioners, only Chairman, and one
commissioner are full-time members, and the rest of the commissioners are appointed
on an honorary basis.110 However, if all members were appointed as full-time
members, they could spend more time participating more efficiently in the affairs of
the NHRC and contribute their potentials to the development of the NHRC.
10.4 Limited Mandates without Power to Enforce
As discussed above, the NHRC can only inquire or investigate any violation of
human rights. It has no power to take any obligatory actions or decisions based on its
105
NHRC Act 2009, s 12(1)(e).
106
ibid. s 18.
107
National Rights Commission Bangladesh (n 26).
108
NHRC Act 2009 (Bangladesh), s 6(2).
109
National Rights Commission Bangladesh (n 26).
110
NHRC Act 2009 (Bangladesh), s 5(2).
166 Dhaka University Law Journal, Vol. 31, 2020

investigation or inquiry report. There is also no provision in the NHRC Act which
makes the government bound to take into account the inquiry or investigation report
submitted by the NHRC. In praxis, acceptance of such a report depends on the will of
the concerned agency of the State. It means that if the State does not accept such
investigation report, it becomes factually pointless and, therefore, the situations it
addressed or, the remedies it offered are more likely to remain dormant forever.
10.5 Lack of Compensatory Measures
The NHRC might have the legal authority to award compensation to the victim of
abuses of human rights as interim relief. Both the commissions of Nepal and South
Africa have such kind of jurisdiction. A right without a remedy is meaningless. The
current human rights jurisprudence advocates that every victim of human rights
violations shall have the enforceable right to have compensation. For example, the
victim of arbitrary arrest is entitled to compensation.111 Thus, lack of this power
hinders the NHRC from ensuring justice for the victim who suffers pecuniary loss
due to the violations of human rights.
10.6 Recommendatory Body
As discussed above the NHRC is, in effect, merely a recommendatory body.
NHRIs should have the power to monitor the extent to which relevant authorities
shall follow their advice and recommendations. Monitoring should become a
consistent practice.112 NHRIs usually have no direct authority to enforce their
recommendations. To have such ability is generally regarded as being contrary to
justice because NHRIs would combine both inquisitorial and quasi-judicial
functions.113 At the same time, relevant authorities should be required to respond
within a specified time to recommendations or contrary findings that national
institutions make.114 Thus, to be an influential institution, the NHRC should have the
authority to get report from the government after sending recommendations to it.
10.7 Segregation of Some Crucial Areas from Sphere of the NHRC
As discussed above, some authorities have been kept outside the jurisdiction of
the NHRC. This kind of indemnity is a threat to the violations of human rights.
NHRIs mandated to receive complaints should have broad powers to deal with them.
As with their monitoring role, no relevant public body should be excluded from their
jurisdiction.115 Thus, no public body, including law enforcement agency and army,
should be kept beyond the purview of the NHRC.

111
ICCPR, art 9(5).
112
International Council on Human Rights Policy (n 97).
113
ibid, at 21-22.
114
ibid.
115
International Council on Human Rights Policy (n 97) 20.
Strengthening the National Human Rights Commission of Bangladesh 167

10.8 Inability to File Case against Government

Another fundamental flaw that is innate in the NHRC Act is that the Commission
has no authority to file any case against the government.116 Whereas, in India and
New Zealand, the commissions are empowered to file cases against the government
taking prior permission from the Attorney General.117 Theoretically, it is implausible
to imagine a human rights violation without counting the government's involvement
in it. Again, any redress or remedy for breach of human rights is possible only by the
government (or, so to say, the State). The theoretical makeup urges that the State's
onus is central for human rights. Thus, if the Commission is unable to file case
against the government, it may frustrate the ultimate objectives of the Commission.

11. Impact of flaws on SDGs

There is a direct relationship between sustainable development and human rights.
It is implausible to ensure sustainable development without enforcement and
implementation of human rights.118 Each goal of the SDGs is, directly and indirectly,
connected and dependent on the implementation and enforcement of human rights.
Amartya Sen, a former Nobel laureate of economics, emphasized on democracy and
human rights as keys to sustainable development.119 NHRIs are supposed to be
independent State institutions that operate from a neutral and robust position among
the State, civil society, and international institutions. Their monitoring mandates give
them a unique position to act as both watchdog and advisor, to uphold the human
rights embedded in the SDGs, particularly SDG 16.120 NHRIs are crucial components
of the good governance and institutional accountability architecture that is necessary
to achieve the SDGs.121 They are also essential elements of the accountability
architecture necessary for ensuring peaceful and inclusive societies with access to
justice for all.122 In March 2019, the Human Rights Council (HRC) conducted an
116
NHRC Act 2009 (Bangladesh), s 29.
117
ICC, 2014, „Chart of the Status of National Institutions‟. [Online], <http://www.ohchr.org/
Documents/Countries/NHRI/Chart_Status_NIs.pdf> accessed 25 April 2020.
118
Declaration on the Right to Development, Adopted by General Assembly resolution 41/128 of 4
December 1986, preamble <https://www.ohchr.org/en/professionalinterest/pages/righttode
velopment.aspx> accessed 25 April 2020.
119
Joseph Stiglitz and Amartya Sen, „the Sustainable Development Goals, a Special UN Summit‟
<https://www.wider.unu.edu/publication/joseph-stiglitz-and-amartya-sen-sustainable-development-
goals> accessed 27 May 2020.
120
NHRIs and the Sustainable Development Goals, GANHRI <https://nhri.ohchr.org/EN/Themes/ Sust
Dev Goals/Pages/default.aspx> accessed 21 April 2020.
121
Rachel Murray, Francesca Thornberry, and Gilford Kimathi, ‘African National Human Rights Institutions
and Sustainable Development: An Overview Of Good Practice’ This publication is a joint initiative of the
Danish Institute for Human Rights and the Working Group on the 2030 Agenda for Sustainable
Development and the African Agenda 2063 of the Network of African National Human Rights
Institutions, p,9,<https://www.humanrights.dk/sites/humanrights.dk/files/media/dokumenter/human_
rights_and_development/nhris_and_sdg_work_in_africa_report.pdf> accessed 25 May 2020.
122
ibid, at 9.
168 Dhaka University Law Journal, Vol. 31, 2020

intersessional half-day consultation to swap experiences and practices on how NHRIs

are working to support the establishment and maintenance of inclusive societies and
the implementation of the 2030 Agenda. The meeting concluded that NHRIs use their
unique mandate, role, and functions, which allow them to promote all human rights
and serve as a bridge between national stakeholders, thereby contributing to the
meaningful participation and cooperation of all actors, which is necessary for
achieving the SDGs.123 The core philosophy of the establishment of the NHRC in
Bangladesh is to play a role as a watchdog for upholding human rights. In reality, all
the reports of human rights violations reveal that this institution has to a large extent,
failed to do so due to the inherent lacunae in the NHRC Act 2009. Despite the
existence of the NHRC, unlawful arrest, forced disappearance, extrajudicial killing,
torture in private and public custody, rape, child torture, violations of women rights,
rights of marginalized communities, labor rights and other types of human rights
abuses are increasing alarmingly which is evident from the discussed reports of
human rights violations. Therefore, the ultimate object of the formation of the NHRC
is being frustrated, and Bangladesh is deviating from the practice of human rights
culture because of such flaws in the NHRC Act. Consequently, Bangladesh has failed
to satisfy its obligations of protection, promotion, and enforcement of human rights
under the UN Charter, ICCPR, ICESCR, CEDAW, CRC, CAT, Paris Principles, and
other international human rights Conventions. Ultimately, it is failing to fulfill
obligations under the SDGs as well. The SDGs are designed to “leave no one
behind”, and the agenda integrates cross-cutting human rights principles such as
participation, accountability, and non-discrimination.124 However, owing to violations
of human rights and the ineffectual role of the NHRC in protecting, enforcing, and
promoting human rights and development, some classes or groups of people are
lagging behind day by day.
As discussed above, Bangladesh‟s position in the world rule of law index is
continuous to be years after years. Bangladesh‟s NHRC holds „B‟125 status, as
accorded by the GANHRI (Global Alliance of National Human Rights Institutions)
twice, once in 2011, and then in 2015. The Commission has been assessed on how
compliant it is with the Paris Principles, the international benchmark for NHRIs. Both
times, the NHRC of Bangladesh has been denied 'A'126 status, which means it does
not fully comply with the principles. However, neighboring countries Nepal and India
have obtained „A‟ status.127 Thus, NHRC is losing its reputation in the international
arena, which has a massive impact on international relations and economic
development. For example, after the collapse of Rana Plaza (a building of garments
123
Ibid, at 11.
124
NHRIs and the Sustainable Development Goals, GANHRI (n 120).
125
NHRC gets „B‟ status when it complies with the Paris Principles partially.
126
NHRC gets „A‟ status when it complies with the Paris Principles entirely.
127
Maliha Khan (n 70).
Strengthening the National Human Rights Commission of Bangladesh 169

factory which collapsed due to breach of building code resulting in death and injuries
of thousands of laborers therein), the international buyers decided that they would not
buy garment‟s products from Bangladesh if labor rights are not ensured and protected
in Bangladesh.128 At the time of engaging in international relations and cooperations,
many countries investigate the human rights condition and the world rule of law
index. Goal 16 of SDGs requires that every State shall promote peaceful and
inclusive societies for sustainable development, provide access to justice for all and
build effective, accountable, and inclusive institutions at all levels. It implies that a
developed and strong institution is necessary to prevent violations of human rights.
The reports of violations of human rights implies that lack of effective, accountable,
and inclusive institutions, are responsible for breaches of human rights.
Consequently, Bangladesh is facing obstacles in fulfilling the goals of sustainable
development. The NHRC of Bangladesh could play a crucial role in protecting and
preventing violations of human rights if it would have been an accountable and
influential institution. However, owing to inherent flaws in the NHRC Act, the
NHRC of Bangladesh cannot act as a watchdog for the prevention of violations of
human rights. The SDGs monitoring framework explicitly recognizes the existence
of an independent NHRI that is compliant with the Paris Principles as an indicator for
SDG 16 on peace, justice, and strong institutions (indicator 16.a.1).129 Without
instituting an effective, accountable, and inclusive institution to provide access to
justice for all, it is impossible to attain sustainable development goals. NHRIs can
make linkages between human rights and SDGs commitments and standards.130 The
UN Secretary-General urges countries to accelerate the pace of progress to put in
place NHRIs compliant with the Paris Principles.131
The goals of SDGs will not be fully achieved by the State until fundamental
human rights are realized, enforced, and protected. Therefore, to achieve the goals of
SDGs, strengthening the NHRC is a dire necessity.

12. Recommendations
Glancing on the different flaws of the NHRC Act make it urgent to prescribe a
feasible model. Therefore, it may be recommended that the NHRC requires an
intelligent and efficient structure supported by well-drafted, pro-human rights, and

128
Charles Kenny, „Why You should not stop buying from Bangladesh‟ (Bloomberg, May 6, 2013)
<https://www.bloomberg.com/news/articles/2013-05-05/why-you-shouldnt-stop-buying-from-
bangladesh> accessed 2 November 2019.
129
NHRIs and the Sustainable Development Goals, GANHRI (n 120) 10.
130
Ibid, at 11.
131
„Enabling The Implementation of the 2030 Agenda through SDG 16+, Anchoring peace, justice and
inclusion‟(Global Alliance, July 2019) <https://nhri.ohchr.org/EN/Themes/SustDevGoals/
Documents/Global%20Alliance,%20SDG%2016+%20Global%20Report.pdf> accessed 20 May 2020.
170 Dhaka University Law Journal, Vol. 31, 2020

comprehensive law. The present form of the NHRC Act provides mandates which are
more cosmetic than substantive. It, therefore, is argued that the Act of 2009 requires a
thorough revision to make the NHRC genuinely worthwhile. To that end, the
following recommendations can be considered-
12.1 Amendment of Definition of Human Rights
The term „Human rights‟ has not been appropriately addressed and defined in the
NHRC Act. The Constitution of Nepal 2015 has not imposed any restriction on the
definition of human rights; instead, it has mentioned the term human rights. Thus, the
Commission of Nepal can protect and promote all human rights irrespective of
whether the Constitution recognizes or whether those rights are enforceable by law or
not. Therefore, the definition of human rights should be amended in such a way to
include all human rights recognized by international human rights instruments.
12.2 Recognition of the NHRC as a Constitutional Body
Like Nepal and South Africa, if the NHRC of Bangladesh becomes an independent
Constitutional body, it may perform its duties more efficiently and appropriately. Thus,
the government should take a step to assimilate provisions in the Constitution of
Bangladesh to recognize the NHRC as an independent Constitutional body. It may make
the NHRC a more independent, efficient, and workable institution for the promotion,
protection, and enforcement of human rights and human development.
12.3 Safeguard Institutional Independence
The government may include a provision in the NHRC Act that the NHRC shall
be independent and free from the interference of all governmental institutions,
political bias, and other bodies in discharging its functions. An effective national
institution is one which is authorized to act outside the purview of political parties
and all other entities and situations which may be in a position to affect its work. 132 It
should also have the authority to make its own budget and take direct grants from any
national or international donors without any kind of intervention and approval from
the government. The government may insert provisions in the NHRC Act like the
South African Commission that the Commission shall be subject only to the
Constitution and other organs of the State will be obliged, through legislative and
other measures to assist and protect the commission to ensure its independence,
neutrality, dignity, and effectiveness.133 These agencies shall also be barred from
interfering with its functioning.134 These provisions may be good enough to guarantee
the independence of the NHRC both legally and theoretically.

132
Arun K. Palai, National Human Rights Commission of India: Formation, Functioning and Future
Prospects (Atlantic Publishers 1998) 155.
133
Final Constitution, s 181(3), cited in Susant Kumar Kanungo, National Human Rights Commission
in India and South Africa: A Comparative Analysis (Manak Publication 2015) 289.
134
Ibid, s 181(4).
Strengthening the National Human Rights Commission of Bangladesh 171

12.4 Amendment of Appointment Procedure

There should be provisions in the NHRC Act that at least the Chairman and one
member of the Commission must be appointed from persons having the legal
experience in the field of human rights with other qualifications. Otherwise, because
of the ignorance of human rights jurisprudence, they might end up making decisions
that are inconsistent with established human rights norms and cultures. It is a dire
necessity to include criteria that help to ensure independence. For example, civil
servants or political party officials may be declared as disqualified to be appointed as
the Chairman and members of the Commission.135 Furthermore, it may also require
legal expertise like India and so an appointee must be a person who is or has been a
Judge or has been qualified to be a Judge of the Supreme Court.
12.5 Increase the Number of Members in the NHRC
It is exceedingly difficult to accomplish such varied and extensive functions of
the NHRC by only one permanent Chairman and member. The Commission would be
more effective if it were comprised of five or seven full-time members.136 Thus, like
India and to comply with the Paris Principle, it is necessary to appoint at least five
permanent members in the NHRC.
12.6 Power to Enforce the Recommendations
The legislature may insert a provision that the NHRC shall have the authority to
get explanations from the government when it ignores its recommendations.
Alongside this, the NHRC must have mandates to collect reports on human rights
situations or actions promoting human rights from different organs of the State like
the South African‟s Commission. This may be an excellent provision to pave the way
for the Commission to overview the functions of each department of the government
to gear up human rights assessment based on that report. Consequently, each
department of government will be more alert in the fulfillment of its human rights
obligations and in developing human rights culture.
12.7 Widening the Scope of the NHRC Act
Every State agency bears the risk of violation of human rights in their day-to-day
affairs. Hence, keeping some of them outside the purview of the NHRC fairly allows
some violations to occur despite their innate illegality. This is clearly contradictory to
the prevailing norms of law and human rights jurisprudence. Therefore, the
Parliament may insert a provision in the NHRC Act that all the authorities shall fall
within the jurisdiction of the NHRC.

135
NHRC, „Annual Report’ (n 101) 14.
136
David A. Johnson and Nizamuddin Al-Hussainy, (JAMAKON) „Final Evaluation of the UNDP Capacity
Development Project‟ (BHRC-CDP) May 2010 December 2014, <https://www.
slideshare.net/drnizamalhussainy/final-evaluation-of-the-bnhrc-11-mar-2015> accessed 20 March 2020.
172 Dhaka University Law Journal, Vol. 31, 2020

12.8 Special Court or Tribunal for Human Rights and Compass of Mediation
Like the Protection of Human Rights Act, 1993 of India, the NHRC of
Bangladesh may include provision for the establishment of human rights courts to
provide speedy trial of offenses arising out of violation of human rights.137 It may
also include in the Act that the Judges of the said court shall be appointed from the
persons who have legal knowledge, acumen, experience, and strong commitment to
human rights. Human rights law is a special branch of law. Therefore, in addition to
the Human Rights Courts, the Commission may have its tribunal for the trial of the
violations of human rights like other Commission of the country. Under the
Bangladesh Energy Regulatory Commission Rules 2016, the Bangladesh Bar Council
Order 1972, and the Customs Act 1969, those respective commissions have the
authority to set up tribunals to resolve disputes arising out of their concerned issues.
12.9 Appointment of Special Prosecutor
Like the Protection of Human Rights Act, 1993 of India, the NHRC Act should
have a provision that special public prosecutors shall be appointed for filing and
representing cases before the Human Rights Court.138 There may also be a provision
in the NHRC Act that pro-people separate bodies of public prosecutors or advocates
who have vast knowledge and an inviolable commitment to human rights, may be
created to fight in other courts on behalf of the NHRC for the proper and adequate
relief for victims of violations of human rights.
12.10 Power to File Case against the Government
As mentioned above that discounting the government's failure, it is theoretically
or factually impossible to frame a case of human rights violation. Thus, to exclude
the government from any charge, especially in case of human rights violations, is a
serious threat to enforce human rights. Therefore, necessary provisions must be
inserted in the NHRC Act to authorize the NHRC to file cases against the
government.
12.11 Restriction to Reappointment of the Chairman of the NHRC in any
Government Post after Retirement
The NHRC Act does not have any provision that the Chairman will be
disqualified to be appointed in any government‟s office after his retirement from the
NHRC. This may encourage him to act in favor of the government to get appointed in
any other lucrative post of the government after his retirement. Thus, the NHRC Act
may insert a provision that after the completion of tenure from NRHC, the Chairman
shall be disqualified to be appointed in any other government‟s post.

137
Protection of Human Rights Act 1993 (India), s 30.
138
ibid, s 31.
Strengthening the National Human Rights Commission of Bangladesh 173

12.12 Power to Take Precautionary Measures

The NHRC cannot issue any preemptive order to restrain the possibility of violations
of human rights. Inter-American Human Rights Commission (IAHRC) has jurisdiction to
take or issue precautionary measures in severe or urgent situations of violations of human
rights to prevent irreparable harm to any person.139 Like the IAHRC, provision may be
inserted in the NHRC Act to authorize it to take or issue a preemptive action or order to
restrain the prospective serious or urgent violations of human rights.
12.13 Power to protect violations of human rights by the business corporation
As business corporation and other corporate bodies has a dominant position in every
State in the contemporary world, it may violate human rights in many ways. They may
violate labor rights, have adverse effects on the environment and endanger the right to
safe health as well. It is assumed that corporations maintain very close connection with
the government. Thus, they may be exempted from the liability of violations of human
rights by using their influence. Thus, this issue needs special attention.
For this reason, the UN has formulated guiding principles in this regard. The United
Nations Guiding Principles on Business and Human Rights (UNGPs)140 consist of 31
principles and set out expectations of States and companies about how to prevent and
address adverse impacts on human rights by business.141 They rest on three inter-related
pillars, also jointly called the „Protect, Respect, and Remedy‟ framework:
 The state duty to protect against abuses by third parties, including business,
through effective policies, legislation, regulation, and adjudication.
 The corporate responsibility to respect and avoid infringing human rights of
others and address adverse human rights impacts in which companies are
involved.
 Ensure access to victims of corporate human rights abuses to effective
remedies – judicial and non-judicial – provided by States and companies.142
NHRIs can play a key role in this regard. Professor John Ruggie commented that
“The actual and potential importance of these institutions cannot be overstated.
Where NHRIs are able to address grievances involving companies, they can provide a
means to hold business accountable. NHRIs are particularly well-positioned to
provide processes that are culturally appropriate, accessible, and expeditious [and]
can provide information and advice on other avenues of recourse to those seeking

139
Rules of Procedure of the IACHR, art 25, <https://www.oas.org/en/iachr/decisions/about-
precautionary.asp> accessed 12 May 2020.
140
United Nations Guiding Principles on Business and Human Rights: <https://www.ohchr.org/
documents/publications/GuidingprinciplesBusinesshr_eN.pdf> accessed 10 May 2020.
141
ibid.
142
ibid.
174 Dhaka University Law Journal, Vol. 31, 2020

remedy”.143 Thus, the NHRC can play an essential role in protecting the violations of
human rights in the business arena. If the NHRC is empowered to protect and prevent
violations of human rights attached to the business, it can adequately protect those
rights as an independent body. Thus, special provisions may be added in the NHRC
Act that the NHRC will be authorized to take cognizance of the violations of human
rights by the corporate bodies.
12.14 Authority to Award Interim Relief
NHRC should have powers to guarantee effective remedies, including interim
measures to protect the life and safety of an individual and free medical treatment
where necessary. Like the South African‟s Commission, the NHRC may also be
given the power to award prompt compensation and to take the measure of redress
and rehabilitation if it thinks appropriate by considering the circumstances of
violations of human rights.

13. Conclusion
There is no doubt that the NHRC in Bangladesh has the potential to be a significant
institution, but without the power to adjudicate and issue binding commands, they may be
turned to be "glorified ciphers and promise of unreality" as rightly termed by Justice VR
Krishna Iyer.144 From the present structure of the NHRC Act, it is may be said that the
victory of the Commission largely depends on the true political volition of the
government because the NHRC has to rely on it to accomplish most of its mandates.
Therefore, to give the mandate to the NHRC within the current legal framework for the
promotion and protection of human rights and human development in Bangladesh is
nothing but to fight without a weapon. Learning lessons from other countries, it may not
be wise to make the NHRC dependent on the will of the government alone to perform its
functions at this age. To make the Commission more active and effective, it is necessary
to make reasonable and adequate amendments in the existing provisions of the NHRC
Act, which may make the NHRC as independent pro-people Commission and not as an
agent of the government. An independent pro-people Commission is part and parcel to
achieve the goals of SDGs. If the aforesaid recommendations are brought into light by
amending the provisions of the NHRC Act 2009 by the Parliament, the NHRC may be
turned into the long-cherished independent and impartial institution out of the control of
government for the respect, promotion, protection and enforcement of human rights and
human development in Bangladesh and only then the objectives as laid down in the
NHRC Act may come true.

143
ibid.
144
Interview with Justice VR Krishna Iyer, „Law and our Rights‟ The Daily Star (Dhaka, 1 June 1997)
<http://www.hurights.or.jp/archives/focus/section2/1999/12/a-national-human-rights-commission-
for-bangladesh.html> accessed 14 March 2020.