Transparency International Bangladesh (TIB) on Wednesday criticised the government's decision to allow only one day for stakeholders to submit opinions on the draft Prevention and Remedy of Enforced Disappearance Act, 2026, calling the consultation process a "mockery."
In a statement, TIB said the draft law was uploaded to the Ministry of Home Affairs website on July 27, with stakeholders asked to submit their views by July 28, a timeframe the anti-corruption watchdog described as inadequate for meaningful public participation.
The organisation also expressed concern over what it described as a growing trend of rushing important legislation through Parliament, citing the passage of the Invest Bangladesh Act, 2026 as an example. It warned that the same approach could be adopted for the proposed enforced disappearance law.
TIB urged the government to extend the consultation period by at least two weeks, ensure effective participation of victims of enforced disappearance and other relevant stakeholders, and revise the draft through an inclusive process that incorporates recommendations received.
In the statement, TIB Executive Director Dr Iftekharuzzaman “The draft law includes several positive provisions, such as recognising enforced disappearance as a distinct criminal and continuing offence; holding senior officials and those who issue orders accountable; and declaring state security or other similar grounds unacceptable as justification for enforced disappearance, among others.’’
``However, allowing only one day for stakeholders to submit their views on such an important national law demonstrates a lack of government goodwill in seeking the views of victims and relevant stakeholders. Moreover, the recent instances of violating the Rules of Procedure of Parliament in passing several important laws have raised concerns that a similar practice of abusing the power of an absolute majority is being imposed in the case of this draft law as well, he added.”
Referring to sub-sections (1) and (2) of Section 15 of the draft law, Dr. Iftekharuzzaman said, “Given the existing realities, is it actually possible for a subordinate investigating officer to prepare and submit an ‘interim report’ against a superior officer? At the same time, the provision allowing a competent magistrate to order the discharge of a senior official from proceedings if no satisfactory evidence is found against that person based on the subordinate officer’s report could mean that the proposed law will bring no meaningful positive change. This would effectively create a legal avenue for perpetuating authoritarian practices and, in practice, ensuring protection for those accused. Moreover, if such provisions are retained, it would effectively allow the Ministries of Home Affairs and Law to maintain control over cases of enforced disappearance, thereby establishing the government’s narrative regarding such incidents as the official account.”
The organisation said many leaders and activists from both ruling and opposition political parties had themselves been victims of enforced disappearance during the previous regime, while the fate of many others remains unknown.
It urged the government to revise the draft through broad-based consultations with victims and relevant stakeholders and to align the legislation with international best practices to ensure an effective legal framework for preventing and remedying enforced disappearances.