3rd parliamentary session begins Thursday, debate looms over several issues

The third session of the 13th Jatiya Sangsad will begin at 3:00pm tomorrow, Thursday.

Several bills are expected to be tabled during the session, including the draft Prevention and Remedy of Enforced Disappearance Act and the draft National Human Rights Commission Act.

Discussions and criticism have already emerged over the two draft laws. As a result, the bills could spark debate in Parliament during the session.

Meanwhile, issues such as the ongoing electricity and gas shortages and the fertilizer crisis could also heat up proceedings.

Parliamentary sessions convened around this time of year are generally not very long. Before the session begins, the Business Advisory Committee of Parliament will decide how many days it will continue.

Sources in the Parliament Secretariat said several bills could be tabled and passed during this session. So far, three bills, including the Prevention and Remedy of Enforced Disappearance Bill and the National Human Rights Commission Bill, have been submitted to the relevant section of the Parliament Secretariat. Several more bills are expected. Altogether, the session could last 10–11 working days.

During the tenure of the interim government, 133 ordinances were issued. As required by law, they were placed before Parliament at the first sitting of the first session of the 13th Parliament on 12 March. The deadline for approving or rejecting them was 10 April.

Sixteen ordinances were not converted into bills within the stipulated period. As a result, they ceased to have effect. Another seven ordinances were repealed through repeal bills.

The government had said it would conduct further scrutiny of the 16 ordinances—including the Prevention of Enforced Disappearance Ordinance, the Police Commission Ordinance and the Anti-Corruption Commission (Amendment) Ordinance—that were not converted into bills within the deadline, and introduce new bills based on that review. One of these is the Prevention and Remedy of Enforced Disappearance Ordinance.

Meanwhile, during the first session of this Parliament, bills were passed to repeal three ordinances concerning the National Human Rights Commission and restore the 2009 National Human Rights Commission Act. At the time, the government said it would further review the law and strengthen the Human Rights Commission.

Against this backdrop, the Cabinet approved the draft Prevention and Remedy of Enforced Disappearance Act on 3 August. The draft National Human Rights Commission Act was approved on 10 August. Since the approval of the two drafts, human rights activists, political parties and other stakeholders have expressed concern. Some provisions of the drafts have also come under criticism.

In a statement on 12 August, Transparency International Bangladesh (TIB) said several positive provisions had been included in the two draft laws.

However, the provisions that stakeholders had warned would pose the greatest obstacles to the National Human Rights Commission’s independent and effective functioning have been retained. Various provisions that could facilitate impunity have also been retained in the draft Prevention and Remedy of Enforced Disappearance Act. The responsibility for investigating a sensitive and brutal human rights violation such as enforced disappearance has been placed solely with the police, completely outside the jurisdiction of the Human Rights Commission, TIB said.

In a statement, the National Citizen Party (NCP) said it believes the draft Prevention and Remedy of Enforced Disappearance Act would perpetuate a culture of impunity and denial.

At a roundtable organised by the NCP's Reform Implementation Committee, participants alleged that the draft law curtails the Human Rights Commission's power to conduct independent investigations. They also said that assigning investigations into allegations of enforced disappearance to law enforcement agencies would hinder impartial investigations into allegations against state forces.

The two controversial bills are being introduced during this session. They could also be passed in the same session. Opposition sources have indicated that this could create heated debate in Parliament.

Normally, after the Cabinet approves a draft law, the relevant minister tables it in Parliament as a bill. The bill is then sent to the relevant parliamentary standing committee for scrutiny and a report.

After the committee submits its report, the minister moves a motion in Parliament to consider and pass the bill based on the report.

At this stage, lawmakers may propose sending the bill to a committee to examine public opinion and conduct further scrutiny. They also have an opportunity to speak in Parliament in support of their proposals.

At the next stage, lawmakers can propose amendments to the bill. They also have the opportunity to debate those amendment proposals.

Besides regular parliamentary business such as legislation, question-and-answer sessions and notices seeking attention to matters of public importance, ministry-related parliamentary standing committees are also expected to be formed during this session.

There are 50 standing committees in Parliament. So far in the current Parliament, 15 standing committees have been formed—six subject-specific committees and nine ministry-related committees.

The Rules of Procedure require ministry-related committees to be formed within the first three sessions after a new Parliament begins its term. The remaining 35 parliamentary committees are expected to be formed during this session.

Abdul Moyeen Khan and Andaleeve Rahman Partho were respectively made chairmen of the standing committees on the Ministry of Planning and the Ministry of Law. As they have since taken oath as ministers, these two committees will also have to be reconstituted.