Chapter 5:
Challenges and Ways Forward
Starting its journey in the year of 2009, the
NHRC has gone a long way towards
increasing the capacity of the NHRC and
ensuring human rights in the country. The
role of the NHRC depends on its capacity. In
May 2010, the Government entered into a
five-year agreement with the UNDP
launching the National Human Rights
Commission
Bangladesh
Capacity
Development Project (NHRCB-CDP) to
make the NHRC an effective and sustainable
institution. The Project came to an end the
year 2015. At present, the NHRC faces the
following challenges in building its capacity.
B Status of the NHRC
In accordance with the Paris Principles
(These
principles
set
out
the
responsibilities, status and functions of
national human rights institutions.) and the
ICC Statute, the following classifications for
accreditation are used by the ICC:
A: Compliance with the Paris Principles;
B: Not fully in compliance with the Paris
Principles
No Status: Non-compliance with the Paris
Principles.
In the latest ICC Sub-Committee on
Accreditation Report of March 2015, the
SCA recommends that the National Human
Rights Commission be accredited with B
status. The full compliance with Paris
Principles is necessary for the NHRC to be
full-fledged to serve the people.
The challenges which the NHRC is facing
right now are depicted in short beneath.
These challenges include the concerns
made by the SCA in accrediting the NHRC
with B status.
1. Restrictions in investigation against
the disciplined forces or any of its
members:
The NHRC is not empowered to directly
investigate allegations of human rights
violations against the disciplined forces or
any of its members (section 18). Rather, it
must request that the Government provide
it with a report on the matter. The NHRC
should be provided with a broad mandate to
investigate all alleged human rights
violations, including those involving the
military, police and security forces, where
these occur outside situations classified as
international or internal armed conflicts.
The scope of the mandate of the NHRC may
be restricted for national security reasons,
such restrictions should not be arbitrarily
applied and should only be exercised in
accordance
with
domestic
law
and
international obligations.
2. Selection and composition of the
commissioners:
The President, upon recommendation of the
Selection
Committee,
appoints
the
Chairman and members of the NHRC
(section 6(1)). The Selection Committee is
comprised of: the Speaker of the
Parliament; the Minister of the Ministry of
Law, Justice and Parliamentary Affairs; the
Minister of the Ministry of Home Affairs; the
Chairman of the Law Commission; the
Cabinet Secretary of the Cabinet Division;
and two other Members of Parliament
nominated by the Speaker of the
Parliament, one of whom shall belong to the
Treasury Bench and the other from the
Opposition. Four members shall constitute a
quorum. It is to be noted that, the Selection
Committee is primarily comprised of
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