Expressing concern over a number of provisions of the National Human Rights Commission Ordinance, 2007, human rights bodies yesterday said the ordinance would not ensure independence, transparency, accountability and effectiveness of the Human Rights Commission.
Describing in detail the flaws in the Human Rights Commission Ordinance, they urged the government to consult the citizens and human rights groups and make necessary amendments to the ordinance to make sure people's emancipation is reflected in it.
During a joint press conference at Dhaka Reporters Unity, human rights activists said the Human Rights Commission, meant to uphold human rights in every sphere of life, may be used as an instrument for violation of human rights if laws are not enacted in due manner.
Ain O Salish Kendra (ASK) Executive Director advocate Sultana Kamal, its official Sayeed Ahmad, human rights activist Hameeda Hossain, Manusher Jonno Foundation Executive Director Shaheen Anam, Nijera Kori Coordinator Khushi Kabir, Bangladesh Legal Aid and Services Trust Executive Director Taslimur Rahman, Brac Director Sheepa Hafiza were present at the conference.
"We do not want a commission to be ineffective. It is not acceptable that the commission exists but is unable to act when human rights are violated," advocate Sultana Kamal said.
The government was supposed to have consultations with human rights bodies but that was not done, said Sultana Kamal, also a former adviser to a caretaker government. She said it made them suspicious about the proposed commission. "We even did not know before the gazette was published."
"What will happen in the long run if the Human Rights Commission is weak in the beginning?" she said.
Reading out a statement ASK official Sayeed Ahmad said according to the ordinance, the Human Rights Commission will be formed with one chairman and two members, who will be appointed by the president after a six-member selection committee recommends two names against each post.
The selection committee will include a judge from the Appellate Division of the Supreme Court, cabinet secretary, attorney general, comptroller and auditor general, Public Service Commission chairman and the law secretary.
"Dominance of executive in the selection committee is clear. The rule of completion of the quorum with four members strengthens its dominance. The representation of the parliament is also absent here," Sayeed Ahmad said.
Representation of the underprivileged in the selection committee has also been denied in the ordinance, he said adding that appointment of any public servant under deputation is also not a good thing.
If the rule remains that quorum will be complete with the chairman and a member, it is apprehended that power will be centralised with the chairman. The number of commission members should be at least five including one woman, he said.
The commission ordinance says a human rights commission fund will be created and the government and the local authorities will provide funds annually. The meaning of "local authorities" is not clear, Sayeed Ahmad noted.
The most important instrument for making the Human Rights Commission accountable is its annual report, which has to be published and made public. "It, however, appears that the ordinance prefers not to make its reports public."
The Human Rights Commission Ordinance defines human rights as the basic rights described in the constitution and in various international conventions ratified by Bangladesh and recognised by the national laws.
"This means the fundamentals of the constitution--economic, social and cultural rights--are excluded in the ordinance," the human rights activist said adding that this does not go with the international obligations of amending the state laws to uphold human rights.
Mentioning the types of human rights violation allegations the commission would investigate, he said, "We think allegations of state or government organisations' negligence in resisting human rights violations should also come under purview of the commission investigation."
As a function of the commission, the ordinance says, it will make necessary recommendations to the appropriate authorities for uniformity of the proposed laws with the international human rights laws.
"We think the commission should check whether the existing and proposed laws go in line with international human rights laws," Sayeed Ahmad said.
The ordinance said the cases under trial in the court will not come under the purview of the Human Rights Commission. "We think this will make the area of the commission very narrow and make it ineffective," he said.
In other countries, human rights commissions act as a supplementary organisation to the court. "We propose the commission be given powers included in the civil procedure code," he said.
Across the globe, the human rights commissions' one important task is to monitor the overall human rights situation and make its concerns and recommendations public, but the ordinance has not mentioned any such points, he noted.
It is important that the Human Rights Commission works in coordination with the NGOs and the civil society but the matter of concern is that the Human Rights Commission Ordinances, 2007 says the commission will coordinate the activities of the NGOs, Sayeed added.