Human rights organizations have voiced their concerns over Bangladesh’s draft Enforced Disappearance Prevention and Redress Ordinance 2025. They argue that while a law to hold perpetrators accountable is essential, the current draft does not meet international standards. The Interim Government has been praised for joining the United Nations International Convention for the Protection of All Persons from Enforced Disappearance and forming the Commission of Inquiry on Enforced Disappearances. However, there are worries about inadequate public consultations on the draft.
The organizations stress that a law of this significance should involve comprehensive consultation with various stakeholders, including victims, legal experts, and civil society representatives. “Consultations must not be treated as a tick-box exercise but rather as an essential process to ensure the law, when passed, genuinely reflects public input,” they stated.
The draft Ordinance’s language regarding superior or command responsibility is also criticized for placing undue burden on victims to prove involvement in enforced disappearances. This approach is seen as conflicting with international legal standards like Article 28 of the Rome Statute of the International Criminal Court.
Furthermore, there are calls for an independent body to investigate enforced disappearances with its mandate established through legislation rather than executive decree. The proposed National Commission on the Prevention and Redress of Enforced Disappearances lacks this legislative foundation.
Concerns are also raised about reserving jurisdiction over widespread or systematic enforced disappearances exclusively for the International Crimes Tribunal. This could limit investigations into numerous cases under Sheikh Hasina’s government.
Another point of contention is the inclusion of the death penalty in sentencing options within the Ordinance. Human rights groups argue that it contradicts both Bangladesh’s constitutional guarantee of life and its international obligations under Article 6 of the ICCPR.
Finally, conducting trials in absentia is viewed as compromising fair trial rights under Article 14 of the ICCPR. The potential misuse of this provision raises broader issues about transparency and integrity within Bangladesh’s justice system.
The signatories urge Bangladesh’s Interim Government to amend these aspects before passing the Ordinance to align it with international laws and standards.
