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Commission on enforced disappearances to be formed soon: Law Adviser

Commission on enforced disappearances to be formed soon: Law Adviser

Staff Correspondent

A strong commission on enforced disappearances will be formed under a newly proposed law on the issue, said Law Adviser Asif Nazrul on Monday.

The draft legislation would be finalised within the next month, he said while talking to reporters at the Secretariat following a meeting with a delegation of United Nations Working Group on Enforced or Involuntary Disappearances (WGEID).

When asked whether a future government might scrap the law, the adviser said, “Regardless of whether it's BNP, Jamaat, NCP, or any other party — they have all been victims of enforced disappearances. They have all raised their voices against it. In fact, BNP and Jamaat were the most affected.”

“The UN Working Group wanted to visit Bangladesh several times in the past, as far back as 12 years ago. But under the previous fascist Awami League government — who we believe were responsible for these disappearances — the visits were denied. They did not even respond to the UN’s letters,” he said.

“Our government has made a commitment to investigate and prosecute enforced disappearances,” he said, adding that during Monday’s meeting, the UN team appreciated some of the government’s ongoing initiatives.

“They welcomed our move to establish an investigation commission and to draft legislation. They also recommended extending the commission's mandate and we will present that suggestion to the Chief Adviser,” said the Adviser.

The law adviser also said the proposed law would aim to establish a strong, independent commission on enforced disappearances.

The UN delegation also advised engaging with the families of the disappeared, issuing missing person certificates and forming a search committee -- all of which, he noted, are already being considered in the draft law. “They have also offered to provide intellectual support for the law-making process.”

When asked about the recent visit to South Africa led by the Chief Justice and whether a Truth and Reconciliation Commission (TRC) would be formed in Bangladesh, Asif Nazrul said, “The TRC model, which gained global attention after its implementation in South Africa, has also been adopted by countries like Sri Lanka and Nepal -- though it remained unsuccessful.”

The TRC typically includes four components: Truth-Seeking – Understanding what actually happened.

“That process is already underway here,” he noted, citing the UN’s fact-finding report and ongoing investigations and trials in Bangladeshi tribunals.

He also referred to filmmaker Mostofa Sarwar Farooki’s initiative to set up a ‘July Museum’ at the former Ganabhaban premises as part of this truth-seeking effort.

Memorialisation – Preserving the collective memory of these events. “The museum will serve that purpose,” he said.

Amnesty – “This is more complex,” he acknowledged.

“There may be scope for amnesty in cases involving minor offenses committed without malicious intent — a practice seen in many countries.”

Reconciliation – Building national consensus by ensuring appropriate punishment for the main perpetrators.

He also emphasised the importance of reparation, adding that compensation for victims must go beyond monetary terms.

“For example, survivors of the July incidents who suffered permanent injuries could be provided with employment opportunities,” he said.

Reflecting on the recent South Africa visit, the adviser said, “We held several meetings during the trip. In the next phase, we plan to organise a regional conference led by the Chief Justice. We aim to bring in representatives from Sri Lanka, Nepal and South Africa, along with Bangladeshi political parties, civil society members, human rights groups and students to discuss a way forward based on collective opinions.”

 

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