2009

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National Human Rights Commission Act, 2009

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The National Human Rights Commission Act, 2009 establishes the National Human Rights Commission of Bangladesh as an independent statutory body for the protection and promotion of human rights. It applies to all persons within the territory of Bangladesh, and the Commission exercises jurisdiction over all government and non-government bodies in matters relating to human rights. The Act defines human rights by reference to the Constitution and international instruments to which Bangladesh is a party. The Commission consists of a Chairperson and four members appointed by the President, with powers including inquiring into complaints of human rights violations, visiting detention centres and prisons, reviewing laws relating to human rights, conducting research and awareness programmes, and recommending interim relief to victims. The Commission may summon witnesses, require production of documents, and issue directions to authorities, though its recommendations are not binding. A notable provision is the requirement for the government to lay annual reports of the Commission before Parliament. The Act remains in force.

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§ 1Short title and commencement

(1)This Act shall be called the National Human Rights Commission Act, 2009.

(2)It shall be deemed to have come into force on 1st September, 2008.

§ 2Definitions

Unless there is anything repugnant in the subject or context, in this Act—
(a) “Commission” means the National Human Rights Commission;
(b) “Chairman” means the Chairman of the Commission and any person acting as Chairman;
(c) “Public servant” means “public servant” as used in section 21 of the Penal Code;
(d) “Penal Code” means the Penal Code, 1860 (XLV of 1860);
(e) “Rules” means rules made under this Act;
(f) “Human rights” means the human rights guaranteed by the Constitution of the People’s Republic of Bangladesh and declared in various international human rights instruments ratified by the People’s Republic of Bangladesh and enforceable in the courts of Bangladesh;
(g) “Disciplinary forces” means the disciplinary forces mentioned in article 152(1) of the Constitution of the People’s Republic of Bangladesh;
(h) “Member” means any member of the Commission and shall include the Chairman;
(i) “Evidence Act” means the Evidence Act, 1872 (I of 1872);
(j) “Constitution” means the Constitution of the People’s Republic of Bangladesh.

§ 3Establishment of the National Human Rights Commission

(1)As soon as may be after this Act comes into force, a commission to be called the National Human Rights Commission shall be established for the purposes of this Act and in accordance with its provisions.

(2)The Commission shall be a body corporate with perpetual succession and, subject to the provisions of this Act, shall have the power to acquire, hold and transfer both movable and immovable property, and may sue and be sued in its own name.

(3)The Commission shall have a seal which shall be kept in the custody of the Secretary of the Commission.

§ 4Office of the Commission

The principal office of the Commission shall be in Dhaka and the Commission may, if necessary, establish its offices at the divisional, district and upazila levels.

§ 5Composition of the Commission

(1)The Commission shall consist of the Chairman and not more than six members.

(2)The Chairman and one member of the Commission shall be whole-time and the remaining members shall be non-salaried.

(3)Among the members of the Commission, at least one shall be a woman and one shall be a member of an ethnic community.

(4)The Chairman shall be the chief executive of the Commission.

§ 6Appointment, tenure, resignation, etc. of Chairman and Members

(1)The Chairman and members shall be appointed by the President by warrant under his hand and seal.

(2)The Chairman and members shall be appointed from among persons of integrity and having experience in the field of human rights.

(3)The Chairman and members shall hold office for a term of three years from the date of their appointment and shall be eligible for reappointment: Provided that no person shall hold the office of the Chairman or member after attaining the age of seventy years.

(4)The Chairman or any member may, at any time, resign his office by writing under his hand addressed to the President and the President may accept such resignation.

(5)Notwithstanding anything contained in sub-section (4), the Chairman or any member may be removed from office by the President in the manner specified in section 8.

§ 7Selection Committee

(1)The President shall, for the purpose of appointing the Chairman and members of the Commission, constitute a selection committee consisting of:
(a) the Prime Minister or a person nominated by him as the Chairman;
(b) the Speaker of the Jatiya Sangsad;
(c) the Minister in charge of the Ministry of Law, Justice and Parliamentary Affairs;
(d) the Chief Justice of Bangladesh or a judge of the Supreme Court nominated by him; and
(e) the Chairman of the Bangladesh Human Rights Commission.

(2)The selection committee shall select suitable persons for appointment as Chairman and members of the Commission and recommend their names to the President.

§ 8Removal of Chairman and Member

(1)The Chairman or any member shall not be removed from office except by an order of the President made on the ground of proved misbehaviour or incapacity.

(2)Before making any order under sub-section (1), the President shall refer the matter to the Supreme Court and the Supreme Court, after such inquiry as it may consider necessary, shall submit its report to the President.

(3)The President may, on the basis of the report of the Supreme Court, remove the Chairman or member from office.

§ 9Act or proceeding not to be invalid due to vacancy in membership

No act or proceeding of the Commission shall be invalid or be called in question merely on the ground of any vacancy in the membership of the Commission.

§ 10Salary, allowance, etc. of Members

(1)The Chairman and members shall be entitled to such salary, allowance and other conditions of service as may be determined by the Government: Provided that until such determination, the salary, allowance and conditions of service of the Chairman and members shall be such as were applicable to them immediately before the commencement of this Act.

(2)The salary, allowance and conditions of service of the Chairman and members shall not be varied to their disadvantage after their appointment.

§ 11Meeting of the Commission

(1)The Commission shall regulate its own procedure for the transaction of its business.

(2)The Commission shall meet at least once in every month at such time and place as may be determined by the Chairman.

(3)The quorum for the transaction of business at any meeting of the Commission shall be three members including the Chairman or a member authorised by him.

(4)All questions at any meeting of the Commission shall be determined by a majority vote of the members present and voting. In case of a tie, the Chairman or the member presiding shall have a casting vote.

(5)The Commission may invite any person to attend its meeting for the purpose of assisting or advising on any matter.

§ 12Functions of the Commission

(1)The Commission shall perform the following functions, namely:
(a) to investigate into complaints of violation of human rights or abetment thereof;
(b) to intervene in any proceeding involving allegation of violation of human rights;
(c) to visit jails and other places of detention to study the condition of inmates;
(d) to make recommendations to the Government regarding measures to be taken for the promotion of human rights;
(e) to undertake and promote research in the field of human rights;
(f) to promote awareness of human rights through various media;
(g) to recommend to the Government the measures to be taken for effective implementation of international human rights instruments;
(h) to perform any other function as may be prescribed by the Government.

(2)The Commission shall submit an annual report to the President on the observance and protection of human rights.

§ 13Reference from the Supreme Court

(1)If the Supreme Court, on its own motion or on an application made by an interested party, refers to the Commission any question of law involving the interpretation of any provision of the Constitution relating to fundamental rights, the Commission shall submit its opinion to the Court within such time as may be specified by the Court.

(2)The opinion of the Commission shall be advisory in nature and shall not be binding on the Court.

§ 14Action on finding of violation of human rights

(1)Where the Commission, on the basis of any investigation or inquiry, finds that there has been a violation of human rights, it shall, if the case relates to a matter pending before a court, inform the court accordingly and may, with the leave of the court, make submissions thereon.

(2)Where the Commission finds that there has been a violation of human rights and the case does not relate to a matter pending before a court, the Commission may:
(a) recommend to the Government or the appropriate authority to take such action as it deems fit;
(b) recommend compensation to the victim;
(c) refer the matter to the court for appropriate action.

(3)The Government or the appropriate authority shall inform the Commission of the action taken on its recommendation within three months.

§ 15Appointment of mediator or conciliator

(1)Where a complaint is received by the Commission, it may, with the consent of the parties, appoint a mediator or conciliator for the purpose of bringing about an amicable settlement between the parties.

(2)The mediator or conciliator shall submit a report to the Commission within such time as may be specified by the Commission.

(3)Where a settlement is reached between the parties, the terms of the settlement shall be reduced to writing and signed by the parties and the mediator or conciliator, and the Commission shall forward the same to the appropriate authority for implementation.

(4)Where no settlement is reached, the Commission shall proceed with the investigation or inquiry in accordance with the provisions of this Act.

§ 16Powers Related to Investigation

For the purpose of any investigation or inquiry under this Act, the Commission shall have the same powers as a civil court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit;
(d) requisitioning any public record from any court or office; and
(e) issuing commissions for the examination of witnesses.

§ 17Inquiry of Complaints

(1)The Commission, while investigating a complaint of violation of human rights, may call for reports or information from the Government or any authority subordinate thereto within such time as may be specified by it.

(2)If the report or information is not received within the time specified under sub-section (1), the Commission may initiate the investigation on its own.

(3)Where, after receipt of information within the time specified under sub-section (1), the Commission is satisfied that:
(a) the matter does not require further investigation; or
(b) the Government or the appropriate authority, as the case may be, has taken or initiated appropriate action,
then the Commission shall not initiate any further investigation in the matter.

§ 18Procedure to be followed in case of disciplinary forces

(1)Notwithstanding anything contained in any other provision of this Act, in the case of a complaint of violation of human rights against the disciplinary forces or any member thereof, the Commission may, either on its own motion or on an application, call for a report from the Government.

(2)The Government shall submit a report to the Commission on the matter concerned within the time specified under sub-section (1).

(3)After receipt of the report under sub-section (2), the Commission:
(a) if satisfied, shall not take any further action in the matter;
(b) if considered necessary, may make recommendations to the Government regarding the action to be taken on the matter concerned.

(4)Where any recommendation is received from the Commission under sub-section (3), the Government shall inform the Commission in writing of the action taken thereon within six months of receipt of such recommendation.

(5)After receipt of the report under sub-section (4), the Commission shall supply a copy of the report to the complainant or, as the case may be, his representative.

§ 19Post-Investigation Actions

(1)Notwithstanding anything contained in any other provision of this Act, where, after completion of an investigation, the complaint is proved to be true, the Commission:
(a) may recommend to the Government to initiate prosecution or any other legal action against the person concerned, and shall, in the recommendation, specify the nature of the prosecution or other legal action to be taken in the circumstances of the case;
(b) where the matter is one in respect of which an order or direction may be made under article 102 of the Constitution, may make arrangements for filing an application on behalf of the aggrieved person in the High Court Division of the Supreme Court or the Commission may itself file such application.

(2)The Commission may, in any matter under sub-section (1), recommend to the Government or the appropriate authority to provide interim relief to the aggrieved person or his family as it deems fit.

(3)The Commission shall supply a copy of the investigation report to the aggrieved person or his representative.

(4)The Commission shall forward a copy of the investigation report along with recommendations under sub-sections (1) and (2) to the Government or the appropriate authority, and the Government or the appropriate authority shall inform the Commission, within three months of receipt of the report, of the action taken or proposed to be taken on the basis of such recommendations: Provided that where the Government or the said authority disagrees with the decision or recommendation of the Commission, or is unable or unwilling to take action in accordance with the recommendation of the Commission, the Government or the said authority shall inform the Commission of the reasons for such disagreement, inability or refusal within the aforesaid period.

(5)The Commission shall publish the summary of the investigation report concerned and the decision or recommendation of the Commission on such report in such manner as it deems appropriate: Provided that where the Commission is of the opinion that, in view of the importance of the matter, the whole or any part of an investigation report should be published for public knowledge, the Commission shall publish the report or, as the case may be, any part thereof: Provided further that where the Commission is of the opinion that there is no need to publish the summary of any report, there shall be no need to publish any part of such report.

(6)The Commission shall have the right to intervene as a party in any case or legal proceeding pending before a court in respect of a matter involving violation of human rights.

§ 20Privileges of Witnesses Before the Commission

(1)A person deposing before the Commission shall enjoy all the privileges and immunities as a person deposing before a court.

(2)No statement or deposition made by a person before the Commission shall render him liable to any criminal or civil proceedings, or be used as evidence in any criminal or civil proceedings against him: Provided that nothing in this sub-section shall exempt any person from prosecution for perjury if such statement or deposition contains false evidence.

§ 21Issuance of Summons

(1)Every summons under this Act shall be signed by the Chairman or a member or any officer of the Commission authorised in this behalf by the Commission.

(2)Every summons shall be served on the person concerned or, where it is not practicable to do so, at his last known address by post or by registered post.

(3)The person on whom the summons is served shall appear before the Commission at the time and place specified therein and shall answer all questions put to him by the Commission and shall produce all documents in his possession or under his control as required by the summons.

§ 22Annual Report of the Commission’s Activities

(1)The Commission shall submit to the President, before the 30th day of March in every year, a report on its activities during the preceding year.

(2)There shall be appended to the report under sub-section (1) a memorandum explaining, among other things, the cases in which no action was taken on the recommendations of the Commission by the Government or the appropriate authority, with reasons for inaction as far as known to the Commission.

§ 23Officers and Employees of the Commission

(1)The Commission shall have a Secretary.

(2)The Commission may, for the purpose of performing its functions efficiently under this Act, appoint such number of other officers and employees as may be necessary.

(3)The salary, allowance and other conditions of service of the Secretary and other officers and employees shall be determined by rules: Provided that until such rules are made, the salary, allowance and other conditions of service of the Secretary and other officers and employees shall be determined by the Government.

(4)The Government may, on the request of the Commission, appoint any officer or employee in the service of the Republic on deputation to the Commission.

§ 24Human Rights Commission Fund

(1)For the purposes of this Act, a fund to be known as the Human Rights Commission Fund shall be constituted.

(2)The management and administration of the Human Rights Commission Fund, hereinafter referred to as the Fund, shall vest in the Commission, subject to the provisions of this section and the rules.

(3)There shall be paid from the Fund the salaries, allowances and conditions of service of the members, officers and employees of the Commission and all other necessary expenses of the Commission shall be met from the Fund.

(4)The following moneys shall be credited to the Fund, namely:
(a) grants made by the Government annually;
(b) grants made by local authorities.

§ 25Financial Independence of the Commission

(1)The Government shall appropriate the necessary amount for the expenditure of the Commission in every financial year; and it shall not be necessary for the Commission to obtain prior approval of the Government for expenditure from the appropriated amount under the approved and determined head of account.

(2)Nothing in this section shall be construed as derogating from the powers of the Comptroller and Auditor-General conferred by article 128 of the Constitution.

§ 26Maintenance and Audit of Accounts

(1)The Commission shall maintain proper accounts and prepare an annual statement of accounts.

(2)The Comptroller and Auditor-General of Bangladesh, hereinafter referred to as the Comptroller and Auditor-General, shall audit the accounts of the Commission every year and shall submit a copy of the audit report to the Government and the Commission.

(3)For the purpose of audit under sub-section (2), the Comptroller and Auditor-General or any person authorised by him in this behalf shall have access to all records, documents, cash, securities, stores and other property of the Commission and may examine any member, officer or employee of the Commission.

§ 27Public Servant

The Chairman, members, Secretary, other officers and employees and every officer authorised by the Commission for the execution of any work under this Act shall be deemed to be a public servant within the meaning of section 21 of the Penal Code.

§ 28Delegation of Powers

The Commission may, subject to such conditions as it may specify, delegate any of its powers to the Chairman, any member or the Secretary.

§ 29Protection of Acts Done in Good Faith

No suit or prosecution or other legal proceeding shall lie against the Government, the Commission, any member of the Commission, any officer or employee of the Government or the Commission, or any publication, report or proceeding under the authority of the Government or the Commission, in respect of any act done or purported to be done in good faith under this Act or any rules made thereunder.

§ 30Power to Make Rules

The Commission may, with the prior approval of the President and by notification in the official Gazette, make rules for carrying out the purposes of this Act.

§ 31Publication of Translation in English

(1)The Government shall, as soon as may be after the commencement of this Act, publish a reliable translation of this Act in English by notification in the official Gazette.

(2)In case of conflict between the Bengali and English texts, the Bengali text shall prevail.

§ 32Transitional Provisions

(1)All acts done or measures taken under the National Human Rights Commission Ordinance, 2007 (Ordinance No. XL of 2007), hereinafter referred to as the said Ordinance, shall, subject to the provisions of this Act, be deemed to have been done or taken under this Act.

(2)Notwithstanding that the said Ordinance ceases to be in force under sub-clause (2) of clause (d) of article 93 of the Constitution of the People’s Republic of Bangladesh, any act done or measure taken in pursuance of or under the said Ordinance before such cessation shall, subject to the provisions of this Act, be deemed to have been done or taken under this Act.