Establishment of the National Human Rights Commission (NHRCB)

The National Human Rights Commission of Bangladesh was reconstituted in 2009 as a national advocacy institution for human rights promotion and protection. It is committed to the accomplishment of human rights in a broader sense, including the dignity, worth, and freedom of every human being, as enshrined in the Constitution of the People’s Republic of Bangladesh and different international human rights conventions and treaties to which Bangladesh is a signatory.

The purpose of establishing such a splendid institution is to contribute to the embodiment of human dignity and integrity as well as to the safeguard of the basic order of democracy so that the inalienable fundamental human rights of all individuals are protected and the standards of human rights are improved in the country.

It was established by the National Human Rights Commission Act, 2009, in consonance with Bangladesh’s commitment to international human rights law, the Commission serves as a mechanism for enriching the realization of human rights. Its journey is aimed at creating a culture of human rights through public enlightenment on diverse human rights issues so that the people of the country can contribute to greater peace and security while keeping pace with the ‘progressive aspirations of humankind.’

Flashback

An effort to establish a human rights overseer in Bangladesh was initiated in the late 1990s. Successive governments tried to launch such a body at the urging of national and international agencies.

The public desire to establish such an institution gained momentum in 2007. As a result, the National Human Rights Commission Ordinance 2007 was promulgated by the Honorable President of Bangladesh with effect from September 1, 2008. The Commission was constituted by the appointment of one chairman and two other members on December 1, 2008.

In the process, the National Human Rights Commission Act 2009 was passed by the parliament on July 14, 2009, and a retrospective operation of the Act was given on September 1, 2008.

The composition of the Human Rights Commission is considered basic for its credibility and effective functioning. The Bangladesh NHRC is composed of a chairman and six other members with proven expertise, an interest in human rights, and diverse backgrounds to the ‘Paris Principles 1991’. The Chairman and one Member of the Commission serve the Commission on a full-time basis, and the other Members are honorary. Representations from women and ethnic groups are mandatory. In the present Commission, out of six, there are one female member and one member representing ethnic communities.

Appointment, Tenure and Removal

Upon the recommendation of a high-ranking Selection Committee consisting of seven members under the chairmanship of the honorable Speaker of the Parliament, the President of Bangladesh appoints the Chairman and Members of the Commission.

The age range of the chairman and other members is 35 to 70 years.

Persons with remarkable contributions and recognized competence in the fields of legal or judicial function, human rights, education, social service, or human development are considered for membership in the Commission.

The Chairman and Members of the Commission are appointed for three years from the date he or she enters the office and are eligible to be re-appointed, but not more than twice.

The Chairman or any Member of the Commission may, before completion of his or her tenure, resign his or her office by writing under his or her hand addressed to the President.

In case of any vacancy in the office of the Chairman or if the Chairman is unable to discharge the function of his office on account of absence, illness, or any other reason, the Full Time Member acts as the Chairman until a newly appointed Chairman holds office or until the Chairman resumes the function of his office, as the case may be.

The chairman or members of the commission are not removable from the office except in like manner as a judge of the Supreme Court. They can only be removed by the President on the recommendation of the Supreme Judicial Council (consisting of the Chief Justice of Bangladesh and two other next-generation senior judges of the Appellate Division) if the Council so recommends after inquiry on the alleged ‘physical or mental incapacity’ or ‘gross misconduct’ of the Chairman or Member. However, if the Chairman or any member becomes adjudged insolvent, engages in any other profitable job (except the honorary member), is declared a person of unsound mind, or is convicted of any crime involving moral turpitude, the President can remove the Chairman or that member.

Functions

Apart from entertaining complaints, the NHRC can exercise the power of suo motu.

• The NHRC can ask for a report from the disciplinary forces, the law-enforcing agencies, or any of its members on the allegation of human rights violations.
• The NHRC can visit any jail, correctional center, custody, or other place and make recommendations to the government thereon for the development of those places and conditions.
• The Commission can inquire into and report a matter being referenced by the Supreme Court of Bangladesh on a writ petition heard by it.
• The Commission enjoys the power of a civil court in the event of any inquiry or investigation.
• The Commission is empowered to appoint mediators according to established rules to dispose of a dispute relating to a violation of human rights.
• In cases of non-compliance with the reports and recommendations, the Commission can bring the matter to the attention of the President, who shall cause it to be laid before parliament.
• The Commission can ask for information from governmental authorities on any alleged violation of human rights, and the government is required to give the information. In the event of a failure to provide information, the Commission can start to work on its own initiative.
• Even the Commission itself can lodge an application with the High Court Division if the case fits with the conditions of filing writ petitions under the Constitution.
• Apart from suggesting legal remedies, the commission is endowed with the power to recommend that the government provide a temporary grant to the aggrieved person or his family.
• The commission can publish the inquiry report fully or partially at its own satisfaction.
• The witnesses before the Commission are protected for their deposition.

Responsibilities

The NHRC follows the comprehensive mandate outlined in the National Human Rights Commission Act, 2009. The cruxes of the functions of the Commission are: investigation and inquiry; recommendation; legal aid and human rights advocacy; research and training on human rights laws, norms, and practices. To elaborate, in order to promote and protect human rights, the Commission performs the following functions:

• Developing human rights policies through conducting human rights research and issuing legal and administrative policy recommendations;
• Analyzing laws, policies, and practices from a human rights perspective;
• Investigating human rights violation cases and providing access to justice;
• Promoting human rights education and raising public awareness about the perception of human rights;
• Promoting, monitoring, and comparing the national standards and implementation of international human rights treaties;
• Cooperating with government agencies, civil society organizations, UN human rights bodies, and national human rights institutions;
• Settlement of complaints having the tendency to violate human rights through mediation, providing legal aid if possible to the aggrieved party;
• Lodging or helping to lodge petitions in the apex court;
• Sensitizing law-enforcing agencies through human rights training;

Other matters deemed necessary to protect and promote human rights.

Mandate of the NHRC

The mandate of the NHRC necessarily emanates from the Constitution of the People’s Republic of Bangladesh, the Human Rights Commission Act, and the international human rights instruments to which Bangladesh is a party. As per the Constitution, the fundamental objective of the state is to establish an egalitarian society where equality and social justice are guaranteed for all citizens. It envisages that Bangladesh will be a democracy where fundamental human rights and the worth of all human beings are ensured. In line with these objectives, the National Human Rights Commission Act, in its preamble [read with Section 2(f)], has reflected that the National Human Rights Commission is being established in order to protect, promote, and foster human rights as envisaged in the Bangladesh constitution and international instruments. The key mandates can be summed up as follows:

It is a statutory, independent institution established by an Act of Parliament.

NHRC is committed to providing independent views on issues within the parlance of the Constitution or prevailing law for the time being in force for the protection of human rights.

The commission works independently. It does not require prior approval from the government to spend its budgetary allocation. The budget of the Commission comes from the annual grants of the Government of Bangladesh or local authorities. The account of the Commission is to be audited by the Comptroller and Auditor General of Bangladesh.

The commission has the authority to mediate any complaint if feasible and appropriate.

The commission has the authority to revisit existing laws of the land and recommend amending any discrepancy for better and more effective protection and promotion of human rights.