The Enforced Disappearance Prevention and Remedies Ordinance, 2025

Bangladesh signed the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) on August 29, 2024. In compliance with this convention,  Bangladesh’s interim government has promulgated the Enforced Disappearance Prevention and Remedies Ordinance, 2025. This marks a potentially transformative moment in Bangladesh’s long struggle with enforced disappearances. For years, victims’ families have waited for a legal framework capable not only of acknowledging their suffering but also of ensuring justice. Now, with the introduction of provisions that include life imprisonment and even the death penalty for perpetrators, the state has signalled a new level of seriousness in confronting this grave violation of human rights.

The ordinance defines enforced disappearance comprehensively: unlawful arrest, detention, or abduction, followed by denial of the act or concealment of the victim’s fate or whereabouts. Such acts now carry some of the harshest punishments in the criminal justice system. In cases where the victim is found dead or remains missing for more than five years, the maximum penalty is death. Importantly, the law also holds senior officials and commanders liable if they order, authorize, encourage, or fail to prevent such crimes. This closes a critical loophole that has historically shielded those in positions of power.

This development deserves recognition. For too long, the families of the disappeared have lived in a limbo of uncertainty and anguish. A law with real punitive force acknowledges the gravity of their loss and attempts to restore faith in the justice system. Symbolic gestures are no longer enough; the severity of the penalties reflects the severity of the crime.

Bangladesh has never suffered from a shortage of laws — implementation has always been the stumbling block. Legislation alone cannot end enforced disappearances. What will matter now is whether investigations are prompt and unbiased, whether the legal process is insulated from political pressure, and whether the system is prepared to hold even the most powerful actors accountable. Without these safeguards, the new ordinance risks becoming another well-intentioned statute that fails victims in practice.

The new law should therefore catalyse broader institutional reform. This includes improving internal oversight mechanisms, strengthening investigative capacity, ensuring transparency, and cultivating a professional culture within law enforcement that respects constitutional rights. It also demands robust protection for victims, witnesses, and whistleblowers, without which justice cannot be meaningfully pursued.

The ordinance presents a historic opportunity for the country to confront an issue that has haunted its political and social landscape for far too long. The promise is clear: justice for families, accountability for perpetrators, and a future where no citizen can simply vanish without a trace. However, that promise must now be matched by political will, institutional integrity, and sustained public scrutiny.

Bangladesh stands at a critical juncture. If the nation can implement this law fully, impartially, and transparently, it will not only bring justice to victims but also restore trust between citizens and the state. If it fails, the consequences will deepen the wounds of those already wronged and reinforce a culture of impunity.