Human Rights watch
National Human Rights Commission Ordinance 2007
Rights bodies criticise obstacles in proposed ordinance
Human rights organisations expressed concern saying that the proposed National Human Rights Commission Ordinance 2007 will not ensure transparency and independence of the commission, as it sets many conditions in publishing its reports and its selection committee is too dependent on the executive. The rights bodies said the definition of human rights in the ordinance is also not comprehensive as it excluded economic, social and cultural rights that are enshrined as key pillars in the constitution of Bangladesh.
Ain O Salish Kendra (ASK), Transparency International Bangladesh (TIB) and Bangladesh Legal Aid and Services Trust (BLAST) made the observations at a joint press conference at Dhaka Reporters Unity. ASK Coordinator Sayeed Ahmed read out the joint statement. "The issue of Human Rights Commission is very crucial. If it is non-functional, it will be dangerous. It is very important to be careful before creating the commission," said ASK Executive Director Advocate Sultana Kamal. Welcoming the approval of the HR Commission Ordinance 2007 by the Advisory Council of the Caretaker Government, she said the HR bodies had made some recommendations after the draft ordinance was prepared, but those were not incorporated in the ordinance. "We strongly propose that this ordinance be consulted with various stakeholders and grassroots level people," Sultana Kamal, also former adviser to a caretaker government said.
TIB Executive Director Dr Iftekharuzzaman said there are many examples of establishing institutions with great expectations, but those ultimately became non-functional due to some loopholes in regulations and structures. Citing the example of the now defunct Bureau of Anti-Corruption, he said loopholes in recruitment process and the government's control over it had turned the Bureau non-functional. "If the same thing happens in the case of the Human Rights Commission, it will be nothing but a waste of public money. We want the commission to be independent and effective," Iftekharuzzaman said adding that there must be a provision ensuring that the HR commission publishes its annual report with details of all its activities for better transparency. He said the civil society organisations could help the government prepare a draft HR Commission Ordinance in consultation with the stakeholders and mass people.
BLAST Executive Director Taslimur Rahman said the commission might face problems it is heavily dominated by bureaucrats. Reading out the statement, ASK Coordinator Sayeed Ahmed said the HR Commission Ordinance 2007 must adopt a wider definition of human rights to include political, social, economic, cultural and all other rights that are necessary for the development of the citizens.
According to the draft HR Commission Ordinance, a six-member selection committee would propose two names for each of the three-member commission. These six-member selection committee would consist of a justice from Appellate Division of the Supreme Court, a cabinet secretary, the attorney general, the comptroller and auditor general, the chairman of Public Service Commission and the law secretary.
"This selection committee is too dependent on the executive branch of the state. We demand participation of the civil society in the committee who worked to uphold human rights for a long time," the statement said. Inclusion of at least one female member in the commission must be ensured by the law, it said, adding: "We want reflection of opinions of all people irrespective of ethnicity, religion and sex." Sayeed Ahmed said as there are possibilities that the state would be all the more blamed for violating human rights, effort to solve the problems only through arbitration or compromise is a constricted idea. "A detailed description of the commission's power to investigate and its procedures therefore is necessary," he said.
According to the HR Commission Ordinance, the commission would not consider the issues already under trial and as a result, the area of the commission will be very constricted, leaving the possibility that the commission might turn non-functional, Sayeed Ahmed read out from the statement. “We think the complaints of negligence in resisting violation of human rights by government organisations should also come under the purview of the commission," the statement said. The commission should be given the power to make recommendations whether all national laws are in line with international laws to uphold human rights, it added.
Compiled by Law Desk.
