In a statement released on Wednesday, HRW noted that the new laws have curtailed the independence and investigative powers of the National Human Rights Commission (NHRC). This has raised concerns that efforts to prevent the recurrence of incidents such as enforced disappearances, extrajudicial killings, and torture will be undermined.
Elaine Pearson, Asia director at the organization, stated that genuine reforms in Bangladesh's security sector are necessary to prevent a recurrence of past severe human rights violations. At the same time, she emphasized the importance of having a human rights institution capable of independently investigating allegations of torture and crimes.
According to HRW, an ordinance issued during the interim government had empowered the NHRC to investigate complaints against law enforcement agencies, inspect detention centers, and monitor secret detention facilities. Most of these powers have been omitted in the new laws.
The new legislation allows the commission to request reports from the relevant law enforcement agency. However, HRW pointed out that there is an ambiguous provision stating that if the agency fails to respond or if the report is unsatisfactory, the commission may conduct an investigation itself. The organization also alleged that the government's control over member appointments, budget, and administrative management has increased.
HRW further alleged that previous reforms have been rolled out of the law regarding the prevention and remedy of enforced disappearances. Under the new system, investigations into allegations of enforced disappearances will be conducted by another law enforcement agency instead of the accused agency. Additionally, the organization stated that changes have been made to the law requiring proof of direct orders for an official to be held accountable for an incident of disappearance.
HRW noted that the Rapid Action Battalion (RAB), which faced U.S. sanctions over serious human rights violations, has not been dissolved but rather reformed into a new force called the 'Special Response Battalion' (SRB). The organization claimed that the personnel, powers, documents, and assets of the previous force have been transferred to the new unit, and even the logo retains only a change of name.
HRW stated that the regulations currently being drafted for the new force's operations must include rigorous human rights vetting, independent oversight, safeguards regarding arrest and detention, and provisions for preserving RAB records. The organization called for the U.S. sanctions on the SRB to remain in place until these measures are effectively implemented.
Human Rights Watch also urged Bangladesh's international partners to voice concerns over the new government's human rights policies and to press for necessary reforms.
