প্রকাশকাল: ০৯ এপ্রিল ২০২৬
In a recent review of ordinances, TI-Bangladesh observed that the current government appears to be signaling a retreat from critical reforms related to judicial independence, human rights, anti-corruption, and the prevention of enforced disappearances.
A special committee of the 13th National Parliament recommended repealing ordinances related to judicial independence—namely the Supreme Court Judges Appointment Ordinance, 2025 and the Supreme Court Secretariat Ordinance. Meanwhile, ordinances related to the Human Rights Commission, the Anti-Corruption Commission, Police Commission, Right to Information, and enforced disappearances have been kept pending under the pretext of further review, without any specified timeline or clarity on the nature of proposed amendments, TI-Bangladesh observed at a press conference on 6 April.
Recently, 98 out of 133 ordinances were recommended for enactment into law by a special committee of the 13th National Parliament. However, TI-Bangladesh noted that these ordinances are not without flaws and, in some cases, appear to have been deliberately weakened. For example, despite its serious flaws and being worthy of repeal, a decision has been taken to pass the Police Commission Ordinance, 2025 as a bill with provisions for increased government control, which is disappointing.
TI-Bangladesh’s observations and recommendations on the ordinances are presented below:
Judicial independence
Regarding judicial independence, TI-Bangladesh observed that the Supreme Court Judges Appointment Ordinance, 2025 was enacted to ensure transparency, merit-based selection, and to reduce political influence in appointing judges to the Appellate and High Court Divisions, with the Supreme Judicial Appointment Council recommending candidates to the President. One round of High Court appointments has already been completed under this process. However, with its repeal, judicial appointments risk reverting to the previous system or becoming subject to the discretion of the head of government—effectively a step backward.
Human rights and enforced disappearances
Similarly, TI-Bangladesh observed that concerns arise from the proposed changes in establishing an effective Human Rights Commission and preventing enforced disappearances, including limitations on the Commission’s administrative independence and requirements for prior government approval to investigate security forces.
ACC (Amendment) Ordinance, 2025
TI-Bangladesh urged that the ACC Ordinance be revised and promptly enacted into law in line with recommendations agreed upon by political parties, including BNP, in the July Charter and the National Consensus Commission. Key concerns include the omission of a proposed independent selection and review committee, contradictory provisions allowing compromise in corruption cases, an increased experience requirement for commissioners, and the exclusion of private sector corruption from the law’s scope. TIB also called for priority implementation of broader reforms, including criminalizing abuse of constitutional and legal powers, establishing an anti-corruption ombudsman, enacting conflict-of-interest legislation, ensuring beneficial ownership transparency, reforming electoral laws to ensure financial transparency of political parties and election expenditure, joining international frameworks such as CRS and OGP, and implementing relevant ACC Reform Commission recommendations with urgency.
Right to Information (Amendment) Act, 2025
The proposed Right to Information (Amendment) Act, 2025 should incorporate key changes, including expanding the definition of ‘information’ to include note sheets, broadening the scope of authorities to cover government, autonomous, and local bodies, and extending applicability to private entities operating under government contracts or approvals, as well as registered political parties. It also calls for timely appointment of Information Commissioners within 45 days of vacancy and aligning their status, remuneration, and benefits with those of judges of the Appellate and High Court Divisions, similar to other commissions such as the National Human Rights Commission.
Personal Data Protection Ordinance, 2025
Before implementing the Personal Data Protection Ordinance, 2025, a human rights impact assessment is essential, and the implementing authority must be independent and subject to the same law. The ordinance omits key global data protection principles such as legality, fairness, transparency, purpose limitation, data minimization, accuracy, integrity, confidentiality, and accountability. It also allows exemptions for data controllers and processors under vague grounds like ‘disproportionate effort or expense,’ creating risks of misuse. Additionally, broad exemptions under the guise of ‘crime prevention’ and national security may enable unrestricted access to personal data, raising concerns about surveillance and misuse.
Bangladesh Telecommunication Regulation (Amendment) Ordinance, 2026
The Bangladesh Telecommunication Regulation (Amendment) Ordinance, 2026 expands its scope beyond infrastructure by including ‘OTT’ services and ‘content,’ effectively bringing social media and online platforms under its purview. This raises concerns that it could be used to control online content and suppress dissent.
Public Audit Ordinance, 2025
The Public Audit Ordinance, 2025, though long anticipated, contains key shortcomings that undermine its objectives and the constitutional independence of the Comptroller and Auditor General (CAG). It must be revised to ensure full audit authority over all government revenues, allow international cooperation, mandate timely public disclosure of audit reports, empower the CAG to formulate rules, and enforce implementation of Public Accounts Committee recommendations to strengthen transparency and accountability.
Revenue Policy and Revenue Management Ordinance, 2025
The Revenue Policy and Revenue Management Ordinance, 2025 restructures the NBR into separate policy and management divisions but reflects poor planning and lack of foresight. The reform has triggered unrest and a trust deficit within the revenue sector due to protests and punitive actions against officials. Critically, instead of establishing an independent, legally protected revenue authority in line with international best practices, the ordinance keeps revenue administration under political and administrative control.
Police Commission Ordinance, 2025
The Police Commission Ordinance, 2025 fails to establish an independent and impartial body, contradicting reform commitments agreed upon by political parties in the July Charter. It omits any reference to ‘independence’ and is structured in a way that places the commission under the control of retired bureaucrats and government influence. Provisions on membership, appointments, and operations create risks of conflict of interest, undermine the authority of the commission’s leadership, and enable continued political and administrative control, making the commission ineffective in achieving meaningful police reform.
National Data Governance Ordinance, 2025
The National Data Governance Ordinance, 2025 proposes a regulatory authority that also acts as a data service provider, creating a clear conflict of interest. It assigns broad responsibilities for data management, interoperability, and protection to a separate authority, diverging from international best practices where such bodies are integrated within data protection frameworks. Despite claims of independence, the appointment process remains under government influence, raising concerns about impartiality. Additionally, the authority’s dual role as both regulator and operator of a data gateway risks undermining transparency and accountability.
