Human Rights Commission Ordinance should be passed even as ‘lesser evil’: Debapriya

Centre for Policy Dialogue (CPD) Distinguished Fellow Debapriya Bhattacharya has said the existing Human Rights Commission ordinance should be passed for now, even if it is considered the “lesser of two evils”.

He said attempting to correct all its shortcomings immediately could delay or even prevent the law from being passed, though there would be opportunities to amend it in the future if necessary.

Debapriya made the remarks at a dialogue titled “National Human Rights Commission Ordinance 2025: Expectations from the New Parliament”, organised by the Citizens’ Platform at the Bangladesh-China Friendship Conference Center today (11 March).

He said Bangladesh had failed to establish an effective Human Rights Commission even when it was most needed, and that experience has once again brought the issue to the forefront.

“The question of the Human Rights Commission resurfaced after the political change on 5 August [2024]. At that time, although a commission existed symbolically, it had become ineffective, and the country had no functional Human Rights Commission until the end of September,” he said.

“Later, an ordinance was issued towards the end of the government’s tenure to form the commission, and the current body is now operating under that arrangement,” Debapriya added.

He said two issues are now particularly important regarding the commission.

“First, parliament must determine through discussion which provisions of the existing ordinance will remain, which will be removed and which will be amended. Second, it is essential to maintain institutional continuity while forming the new commission,” he said.

He also emphasised the need to enact anti-discrimination legislation and make the ombudsman system effective to strengthen the Human Rights Commission.

Referring to Bangladesh’s founding ideals, Debapriya said the declaration of the country’s independence pledged equality, human dignity and social justice, and the expectation of establishing human rights stems from that commitment.

“Therefore, to implement the spirit of anti-discrimination, we must return to the original spirit of freedom,” he added.

Debapriya further noted that in recent times various political parties have articulated stronger positions on human rights and anti-discrimination than ever before, creating the prospect of a more positive political trajectory in the future.

In this regard, he cited remarks by Prime Minister Tarique Rahman, who in a pre-election speech said no one should be deprived of fundamental rights and that everyone should enjoy equal rights regardless of religion or ethnicity.

He also referred to comments by Bangladesh Jamaat-e-Islami Ameer Shafiqur Rahman, who said one cannot deprive others of their rights in the name of human rights or social interests and that there should be no compromise on justice.

Debapriya also mentioned remarks by Nahid Islam, convener of the National Citizen Party (NCP), who said before the election that ordinary people had long been deprived of dignity and fairness and that a justice-based system of governance must be established by removing such discrimination.

Debapriya said a national consensus has now emerged in the country on issues of social justice, human dignity and equality, and that the recent election has further legitimised that consensus.