First and foremost, while the law empowers to have its own investigation mechanism to probe allegations of human rights violations, enjoy the powers of a civil court under the Code of Civil Procedure 1908 in such investigations and even periodically seek reports from the government on the human rights situation, it can only recommend redress for rights violations to the government and the authorities concerned. In other words, its administrative independence goes as far as conducting investigations and making recommendations, but not taking any decisive action.
Worse still, its recommendations will be virtually non-binding. According to the bill, if the authorities concerned fail to go by the recommendations, or the action taken by the authorities is not considered appropriate by the commission, it can refer the matter to the president who will take steps for the submission of the matter in the parliament. It is needless to point out that the president cannot make such a decision without consultation with the prime minister. Also, such an arrangement is highly unlikely to make the government accountable for human rights violation, although it is perceived as a major perpetrator of rights violations.
The commission will not have any financial autonomy, either. Although the law says it will enjoy financial independence and will need no approval from the government for its expenditures, it will depend on grants from the government and the local authorities to sustain its functions. Simply put, the string of the purse will be in the hands of the government.
Curiously, the law empowers the commission to launch investigation against the former, either on its own or based on allegations, but keeps the armed forces out of its purview. Indeed, every step needs to be taken to strengthen the armed forces; after all, they are assigned the task of defending our territory as and when attacked. However, there have been allegations of human rights violations by members of the armed forces, in the Chittagong Hill Tracts in general and during the tenure of the interim government in particular. Investigations into these allegations are imperative to not only uphold human rights but also enhance people's respect for, and faith in, the armed forces as an institution.
Last but not least, the government's attitude towards the human rights commission is poignantly reflected in the condition that it is in at present. According to a report published in New Age on Friday, the commission could not investigate any of the 48 allegations of rights violations that it received till June 30 because of manpower shortage. Overall, as several legal experts were quoted as saying in a New Age report on Thursday, the commission will neither be financially or functionally independent nor will it ensure protection of human rights. While the country needs a human rights commission, the one that it has got is certainly not the one it has bargained for. Hence, we demand that the law be amended to make way for an effective human rights commission.