TI Bangladesh Demands More Time for Public Input on Draft Anti-Disappearance Law
Transparency International Bangladesh (TIB) has criticized the government's one-day deadline for public feedback on the draft 'Prevention and Inquiry into Enforced Disappearances Act' as a "farce." The organization is demanding that this period be extended to at least two weeks to ensure meaningful participation from all stakeholders. The draft law, uploaded to the Ministry of Home Affairs website on July 27th, was scheduled for an inter-ministerial meeting on July 28th, with feedback requested by the same day. TIB argues that a minimum of two weeks is necessary for stakeholders to provide comprehensive input. The organization also calls for the draft to be revised inclusively based on the recommendations received during an extended feedback period. The proposed law replaces an earlier 'Ordinance on Prevention, Inquiry, and Protection against Enforced Disappearances' issued during an interim government. Notably, the word 'Protection' is omitted in the new draft, and the responsibility for investigating disappearances is being transferred from the National Human Rights Commission to the police. TIB's Executive Director, Iftekharuzzaman, acknowledged positive provisions in the draft, such as recognizing enforced disappearance as a distinct, ongoing criminal offense and holding superior officers accountable. However, he expressed concern that the extremely short feedback window indicates a lack of government sincerity in gathering input from victims and stakeholders. TIB also questions the police's capacity to conduct impartial and effective investigations into sensitive disappearance cases, particularly given the potential for influence from superior officers.
The swift, one-day consultation period for a law addressing enforced disappearances raises questions about the robustness of the public consultation process. While the draft law appears to incorporate some progressive elements, the truncated timeline may limit the ability of affected communities and civil society to offer substantive input, potentially undermining the law's legitimacy and effectiveness. Transferring investigative authority from an independent human rights commission to the police, especially in a context where accountability for state actors is a concern, introduces potential conflicts of interest and may impact the impartiality of investigations. Future legislative processes concerning human rights and accountability should prioritize extended, accessible consultation periods and ensure investigative bodies possess genuine independence to foster public trust and uphold due process.
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