The Enforced Disappearance (Prevention and Remedy) Ordinance aimed to define enforced disappearance, eliminate the crime and ensure the prosecution of those involved in such incidents. That is why it was essential to pass the law. However, the ordinance is about to lose its effectiveness. If it is not passed within 30 working days, the ordinance will become invalid. Although the government says it will introduce a bill for this ordinance anew, it is uncertain how seriously it will be treated.
The previous Awami League government had created a climate of fear through enforced disappearances, with BNP being the largest victim numerically. At that time, BNP had been vocal against enforced disappearances. Unfortunately, when the opportunity arose to turn the Enforced Disappearance (Prevention and Remedy) Ordinance into law, it is now stalling.
If a revised version of this ordinance had been considered, it would have alleviated the concerns of the general public and human rights activists about whether it would eventually become law. Whenever there is a weakness in a law, someone benefits from it. If this ordinance is not enacted, or if enacted, remains weak, some quarters will inevitably exploit it.
When talking about the Human Rights Commission, the expectation was that this commission would work independently and play an effective role. There was a glimpse of that through the new ordinance. The ordinances related to the National Human Rights Commission provided an opportunity to overcome the structural weaknesses of the past. Although this ordinance was not considered sufficient to ensure human rights, as human rights activists had pointed out, everyone still assumed that it could improve the situation compared to the past. But now, even that is about to become ineffective.
During the parliamentary session, it would have been possible to guide this ordinance to its intended outcome through amendments and adjustments. If instead it is repealed, the country will revert to the old law. There will be no relief, and public confidence will remain lacking.
The new ordinance had a framework for establishing the National Human Rights Commission. In the past, the government exercised direct and indirect control over the decisions of the human rights commission. Now, a certain level of concern has arisen about whether the Human Rights Commission will be able to function freely and independently in the future. It is also uncertain what role the commission will play in identifying perpetrators and bringing them to justice. Furthermore, if the government introduces a bill based on this ordinance again and there are gaps or weaknesses in it, it will not be possible to effectively establish an independent Human Rights Commission.
* Md Nur Khan is Member, National Human Rights Commission