The Right to Safety and Receiving Assistance in Natural Disasters in Iran

The Right to Safety[1] and Receiving Assistance in Natural Disasters in Iran

Mohammad Amin Amin Roaya[2]

Natural disasters have occurred frequently during human life. Every year, thousands of people are victims of tornadoes, volcanic eruptions, floods, droughts, earthquakes, and similar incidents. Only a few areas in the world are immune from the dangers that lead to disaster. Earthquakes occur even in places where the geological conditions seem very stable. Tornadoes sweep the most remote areas, and flash floods overwhelm even the driest deserts. Natural disasters are a set of harmful events that are not of human origin. (Ashouri, 1997). Human activities indirectly cause some natural disasters. For example, disasters caused by increased air pollution or global warming, as well as floods caused by the destruction of forests by humans, are among these. Only in 2008, 220,000 people worldwide died due to natural disasters. Meanwhile, women have given more victims than men. Statistical studies of natural disasters from 1990 to 2002 show that these disasters have had an increasing trend (Elsan, 2009). Although most natural disasters seem to be beyond human control, the damages and injuries caused by them can be significantly controlled. This issue is directly related to preventive operations by humans. For example, building strength against horizontal loads to reduce damages caused by earthquakes or creating vegetation and building dams to reduce damages caused by floods are preventive actions. Also, correct and principled reactions can be effective in reducing damages caused by natural disasters. For example, basic debris removal after an earthquake event can help reduce damages and injuries. Another way to reduce the destructive effects of natural disasters is education. Education can also help reduce the negative psychological effects of natural disasters (Badini, 2005).

So far, according to international statistics, about 43 natural disasters have been known, which can be mentioned as follows:

Droughts, tropical cyclones, regional floods, earthquakes, volcanoes, extratropical storms, tsunamis, fires in pastures and fields, soil erosion, rising sea levels, floating icebergs, dust storms, landslides, beach erosion, rock avalanches, landslides and soil creep, tornadoes, snow storm, coastal ice, flash floods, thunderstorms, lightning, blizzards, ocean waves, hail storms, sleet, strong local wind, air subsidence, surface currents and sand and clay debris, currents supported by the wind,  falling of rock, freezing of agricultural products, heat stroke, whirlwind, scorching wind, black sea wind, heat wave, invasion of pests, release of dangerous substances, final temperature values, famine and widespread diseases. There are 34 natural disasters in our country, 90-95% of which are of climatic origin. According to the climatic and geological conditions of Iran, the most important natural disasters are earthquakes, landslides, avalanches, floods, droughts, storms, lightning, extreme cold and heat, desertification, hail, and frost (Barikloo, 2006).

In recent years, due to the importance of the issue of natural disasters and the threat they can have on human lives and development, initiatives have been taken by the international community to create a global consensus to deal with it, such as developing 10- and 15-year strategies, naming the International Day for Disaster Reduction, creating global movements with different topics (such as school safety, hospital safety, safe cities), and global and regional summits on natural disaster management (Yokohama Conference, 1994; World Conference in Kobe, 2005; Sendai World Framework, 2015; World Conference on Natural Disaster Reduction every two years in Geneva, regional conferences are held at the level of Ministers of Disasters and Emergencies in five continents) (Harper, 2009, 112).

The prevention principle is rooted in several treaties aimed at preventing environmental damage. Among them are things like the 1979 Geneva Convention on Long-Range Transboundary Air Pollution and related protocols, the 1989 Basel Convention on Transboundary Transportation of Hazardous Wastes, the United Nations Climate Change Convention in 1992, the Kyoto Protocol in 1997, the United Nations Convention to Combat Desertification United in 1994 and the Stockholm Convention in 2001 on persistent organic pollutants. These tools play an essential role in preventing natural and man-made disasters. The principle of prevention is the basis of reducing the risk of accidents (Harper, 2009: 98)

Among the resolutions of the United Nations General Assembly in 1989 was the naming of the second Wednesday of October every year (from 1990 to 1999) as the International Day for Natural Disaster Reduction. At the end of that decade, the United Nations General Assembly on December 21, 2009, decided to designate October 13 as the International Day for Natural Disaster Reduction (Amid Zanjani, 2010).

Among Iran’s important actions related to this decade, was the formation of ten “specialized committees to reduce the effects”, which can be considered the first sign of the emergence of teamwork in crisis management, in which the sectoral approach was changed to a multi-sectoral approach. This issue became the basis for the formation of future laws in the country’s crisis management, including the country’s comprehensive plan for rescue and relief, which led to the formation of the headquarters of unexpected incidents and accidents in the Ministry of Interior and subsequently, the law for the formation of the National Disaster Management Organization of Iran, which is currently the basis of crisis management in the country. Also, after a few years, the Islamic Republic of Iran named October 12 as the National Natural Disaster Reduction Day in 1995, and the week that includes this day, named Natural Disaster Reduction Week, which is in the official calendar of the country, considering the country’s accident-proneness nature (Emami, 2006).

The most important international basis for the humanitarian approach and based on the provision of emergency aid during accidents and disasters is resolution 182/46 of the United Nations General Assembly in 1991, according to which the 90s was named the international decade for accidents and disasters reduction, and the United Nations Humanitarian Affairs Department was established, which was later renamed the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA). The highest international authority of this approach is the United Nations Inter-Organizational Standing Committee, whose main members are United Nations-related agencies and invited members of the Red Cross and Red Crescent and representatives from the Non-Governmental Organizations (NGOs) network.

Actions of urban management institutions in protecting safety in Iran

Regarding the issue of which of the institutions (governmental or non-governmental) should play the role of protecting safety, there are three different approaches: the first approach is based on the basic role of the government in protecting the right to safety (state-oriented approach). Therefore, the execution of many policies, laws, and regulations related to guaranteeing this right is in the exclusive hands of the government, and since it has public and governance aspects, the role of executive institutions and organizations is also significant in this field. The second approach is minimal and based on pessimism towards the government institution. In this approach, governments are not only good protectors but also agents that fuel the destruction of the city and the violation of citizens’ rights. In this approach, governments are asked not to interfere in the city’s safety and leave it to other actors (non-government approach). The third approach is based on a cooperative approach in the matter of the right to safety. In this approach, the participation of governmental and non-governmental actors (cooperation between the government and citizens) is talked about while adjusting the two views above.[3].

Events such as the fire and the destruction of the Plasco building showed the vulnerability of the city and its defensive strength. The collapse of the Plasco building sounded the alarm for the mayors, the owners, the Ministry of Roads and Urban Development, and the Ministry of Cooperatives, Labour, and Social Welfare. A large part of the violation of citizens’ rights to safety is caused by living in high-risk buildings. Governmental and non-governmental organizations are involved in the occurrence of these types of incidents.

The city is constantly in need of renovation and improvement[4]. The rules governing building restrictions in municipal law, the executive rules of urban plans, and the approvals of the Supreme Council of Urban Planning and Architecture have been approved in this field. The Urban Renovation and Development Law, approved in 1968, and the Law to Support the Revival, Improvement, and Renovation of Dilapidated and Inefficient Urban Structures, approved in 2010, also explain the methods of managing the reconstruction of dilapidated structures and how the private sector participates in this regard. Clause 14, Article 55 of the Municipal Law regarding the legal system governing the removal of the danger from buildings facing ruin has been compiled. The national building regulations regarding the care and maintenance of buildings against fire, building protection against possible excavation of nearby buildings, protection of building facade parts against damages, and the possibility of total and partial collapse are among the regulations that non-compliance carries the risk of living in unsafe buildings[5].

Considering that, according to the surveys, Iran is among the ten crisis-prone countries in the world and ranks sixth in the world in terms of natural disaster statistics, so 90% of the country’s population is exposed to the dangers of floods and earthquakes. The history of crisis management of natural disasters and unexpected accidents in Iran can be attributed to before the revolution and to the history of the formation of the Red Lion and Sun Society of Iran. In this field, various laws have been formulated after the revolution. Laws approvals and actions related to crisis management and how to help victims of accidents in Iran in recent years include:

Article 29 of the Constitution of the Islamic Republic of Iran stipulates that enjoying social security in terms of retirement, unemployment, old age, disability, lack of guardianship, destitution, incidents and accidents, and the need for health and treatment services and medical care in the form of insurance, etc., is a universal right. According to the laws, the government is obliged to provide the services mentioned above and financial support for every person in the country from public revenue sources.

The National Committee for Natural Disasters Effects Reduction was approved by the Islamic Consultative Assembly in 1991, in order to exchange information, study, practical research and find logical solutions to prevent and reduce the effects of natural disasters caused by storms, floods, droughts, frost, plant pests, air pollution, earthquakes and landslides, water fluctuations of seas, lakes and rivers and the like, and will be formed by head of the Minister of Interior and the membership of ministers and officials of organizations and the membership of the National Meteorological Organization, the Ministry of Energy, the Ministry of Agriculture, the Ministry of Health, Treatment and Medical Education, the Ministry Construction Jihad, Ministry of Roads and Transport, Planning and Budget Organization, Environmental Protection Organization, Ministry of Housing and Urban Development, Institute of Geophysics, Red Crescent Society, Forests and Ranges Organization, Ministry of Commerce and any ministry, institution and organization of law enforcement or military forces that the chairman of this committee deems expedient as necessary.

According to note 1 of a single article of the law on the formation of the National Committee for Natural Disasters Effects Reduction, the Committee for Natural Disasters Effects Reduction has been allowed to form sub-committees as needed to carry out wide-ranging studies and research on the country’s natural disasters, their history, advance notice, and also to announce the state of emergency and how to deal with damages. In the other note of this single article, the program and budget organization is obliged to approve the required validity of the plans of this committee, which the relevant institutions foresee. The new constitution of the Red Crescent Society of the Islamic Republic of Iran was approved by the Islamic Consultative Assembly on March 12, 1996, and one of the main tasks of the society is to provide relief services during natural disasters such as earthquakes, floods, etc. inside and outside the country.

Clause 7, Article 71 of the Law on the Formation of the Islamic Councils of the Country states that one of the duties of the council is taking action regarding the formation of social, relief, and guidance associations, and institutions and the establishment of production, distribution, and consumption cooperatives, as well as conducting statistics, local research, and distribution of public documents with the agreement of the relevant institutions.

The resolution of the sixth meeting of the National Committee for Natural Disasters Effects Reduction dated 1999-10-19 stipulated that Tehran Municipality, in cooperation with the Ministry of Interior’s Civil Affairs Coordinating Deputy, prepares a comprehensive plan for crisis management caused by accidents and natural disasters, including earthquakes in Tehran, and provide to the National Committee for Natural Disasters Effects Reduction.

On 2003-4-6, at the suggestion of the Red Crescent Society of the Islamic Republic of Iran and based on Article 44 of the Law of the Third Plan of Economic, Social and Cultural Development of the Islamic Republic of Iran, the Council of Ministers replaced the country’s rescue comprehensive plan with the National Committee for Natural Disasters Effects Reduction and approved it. For the purpose of general policy-making, national planning, and high supervision of crisis management, the headquarters of unexpected incidents and accidents of the country and its subordinate headquarters were formed.

The Council of Ministers, in the meeting dated 2004-6-27, based on Articles 134 and 138 of the Constitution of the Islamic Republic of Iran in order to coordinate the execution of all institutions and apply effective high crisis management during the occurrence of unexpected accidents and disasters, was approved the regulations of the Supreme Headquarters for the Prevention and Management of Crisis in Natural Disasters and unexpected accidents in six articles.

The head of this high headquarters is the responsibility of the first vice president and the membership of the ministers of the interior, housing and urban development, defense and support of the armed forces, the chief of the general staff of the armed forces, as well as the heads of the country’s management and planning organizations, Islamic Republic of Iran Broadcasting, the Red Crescent Society and two experts (Shakib and Mousavi Moghadam, 2006).

Law on crisis management of Iran

The law on the establishment of the National Disaster Management Organization of Iran, consisting of fifteen articles and ten notes, was approved in the meeting of the Social Committee of the Islamic Consultative Assembly on 2008-5-20 according to Article 85 of the Constitution, and after the approval of the parliament for its trial execution for five years, it was approved by the Guardian Council on 2008-6-9. The regulations for the establishment of the National Disaster Management Organization were approved by the President on 2009-12-9.

According to Article 3 of the mentioned law, In order to coordinate the activities of the organizations and institutions affiliated with the three forces, the armed forces and all institutions and organizations under the supervision of the Supreme Leader (with the blessing and delegation of authority of Supreme Leader) and to approve the rules and regulations governing crisis management in its four stages, the Supreme Council of Crisis Management of Iran, which will be called the Supreme Council from now on in this law for short, will be formed.

Article 5: The Supreme Council was formed in head of the President and with the membership of the Ministers of Information, Interior, Economic Affairs and Finance, Housing and Urban Development, Defense and Support of the Armed Forces, Welfare and Social Security, Road and Transportation, Health, Treatment and Medical Education, Energy, Agriculture Jihad, Communications and Information Technology, Science, Research and Technology, Education, the mayor of Tehran, the chief of the general staff of the armed forces, the commander of the police force of the Islamic Republic of Iran, the commander-in-chief of the Islamic Revolutionary Guard Corps, the commander-in-chief of the army, the commander of the Basij resistance force, one of the deputy Chaiman of the Parlimant, the first deputy of the Judiciary, the heads of the country’s management and planning organizations and the Islamic Republic of Iran Broadcasting, the head of the Red Crescent Society of the Islamic Republic of Iran, the head of the Imam Khomeini relief committee, the head of the country’s meteorological organization, the head of the housing foundation of the Islamic Revolution of Iran and the head of the organization.

Article 6: The National Disaster Management Organization of Iran, which in this law is called the organization for short, was formed in order to create an integrated management in policy making, planning, creating coordination and coherence in the fields of execution and research, centralized information and supervision of the various stages of crisis management and organization and reconstruction of damaged areas and use of all facilities and equipment needed by ministries, government and public institutions and companies, state banks and insurances, military and law enforcement forces, non-governmental public institutions, Islamic councils, municipalities, people’s organizations, institutions whose names are required to be included in the law, institutions under the command of the Supreme Leader and the armed forces in case of delegation of authority by the Supreme Leader, in order to optimally benefit from national, regional and local capabilities in the face of natural disasters and unforeseen accidents.

According to Article 9 of the law above, the duties of the National Disaster Management Organization of Iran are as follows:

1. Preparation and compilation of the National Disaster Management Strategy of Iran, the National Plan for Reducing the Risk of Accidents and Disasters, the National Plan for Preparedness and Response, and the National Plan for Reconstruction and Rehabilitation for approval by the Supreme Council.
2. Promoting inter-organizational cooperation and coordination in order to create synergies and realize the major goals through the formation of a specialized crisis management database and appropriate access to the comprehensive information management system, documentation, and cause-finding, preparation of technical criteria, standards, and instructions required by this law for approval in the national headquarters.
3. Improving the ability to identify hazards and understand the risk of accidents and disasters at the country level, including the preparation of the national atlas of natural hazards and the development of plans to reduce the risk of provincial accidents and disasters for the approval of the national headquarters.
4. Helping to create and upgrade capacities and centers for risk monitoring and quick warning in related institutions for the subject of Article (2) of this law.
5. Establishing optimal organizational and operational readiness to respond to a crisis, including planning and establishing coordination for the establishment of reliable preparedness and safety systems in governmental, public, non-governmental, and private institutions and their related facilities, establishing a dedicated communication network for emergencies, preparing preparedness plans and the response of the provinces and the formulation of technical criteria and instructions necessary to standardize the services of relief organizations at the country level.
6. Attracting, directing, and distributing domestic and foreign government facilities and aid in compliance with Article 80 of the Constitution.
7. Improving the country’s ability to rehabilitate and rebuild after the occurrence of accidents and crises, including pursuing the creation of the necessary infrastructure and formulating the criteria, processes, and standards required for reconstruction in cooperation with the Institute of Standards and Industrial Research of Iran and other institutions for the subject of Article (2) of this law
8. Planning, directing, and supporting the creation and promotion of compensation methods such as the use of insurance, financial support and incentive mechanisms, special facilities, and support funds within the framework of laws.
9. Helping the growth and development of knowledge and technology in order to promote crisis management in the country, including promoting the use of new preventive technologies in construction, future research, and creating a scientific monitoring system through bilateral or multilateral cooperation with universities and research institutions.
10. Creating the necessary frameworks for effective cooperation at the regional and international level, including the preparation of guidelines for the attraction and distribution of foreign aid in compliance with Article 80 (80) of the Constitution.
11. Development of popular partnerships to strengthen community-based crisis management and promote safety culture in society through planning and coordination for training, organizing, and using the capacity of popular organizations, non-governmental organizations, sports federations, popular volunteer forces, and the private sector in crisis management, developing support mechanisms and an incentive to train and improve people’s preparedness against crisis.
12. Annual forecast of financial needs, equipment, and relief items related to the country’s crisis management and notification to the country’s planning and budget organization and other bodies responsible for the subject of Article (2) of this law in order to provide them.
13. Monitoring the performance of the institutions covered by this law in crisis management, including monitoring the way of providing services to the victims and other duties related to the execution of this law.
14. Preparation of draft bills, executive regulations, and approvals needed to go through legal procedures within six months.

The importance and role of Iran’s military forces in providing relief in natural disasters

In many countries, preparation for operations other than war, one of the most important of which is natural disasters, is an important part of military training in military organizations. Today, most modern militaries devote a significant portion of their programs to relief, providing rapid response and medical assistance, logistical support, air traffic, aid distribution, protection, and recovery in natural disasters on a global scale (Malish R, Oliver DE, Rush RM, Zarzabal E, Sigmon MJ, Burkle FM, 2009, 24).

With the increase in the incidence of natural disasters, we can expect the military forces to play a major role in relief, especially in major disasters where the capacity of civil and humanitarian organizations such as the Red Cross and Red Crescent may be limited. On the other hand, civil and humanitarian organizations are usually not suitable for effective and quick response in natural disasters because discipline and efficiency are the first requirements in responding to disasters and performing relief tasks, which are often dangerous missions, and military organizations have more preparations in this field.

In Iran, the role of military and paramilitary organizations (Basij) has changed, especially in recent years; especially, as one of the most important and fastest responding organizations in times of crisis, with special attention to relief in floods and earthquakes, it has played a role and been effective, and in this field, it has also gained people’s acceptance. Many humanitarian organizations have come to understand that military organizations can play an important role in natural disaster relief. Considering the effectiveness of the role of military forces in relief, it seems that at the level of general policies, humanitarian organizations should follow the military doctrine and support the execution of existing instructions and the development of advanced tools for relief and interaction with each other.

In the end, it should be mentioned that other actions and activities carried out by the Islamic Republic of Iran in recent years to increase safety, reduce the risk of natural disasters, and crisis management are detailed in an article entitled Midterm Review of the Execution of the Sendai Framework for Disaster Risk Reduction in the Islamic Republic of Iran 2015-2023, which is refrained from being mentioned again due to the prevention of recurrence.

References[6]

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2. Ahanchi, M., (1997). Disaster Management: Records, Concepts, Principles and Theories, Book 1, Red Crescent Society of the Islamic Republic of Iran, Education and Research Center, Tehran. (In Persian)
3. Barabadi, M., (2005). Al-Fabai-e Shahr, Tehran, Publications of the Organization of Municipalities and Rural Districts of the Country. (In Persian)
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16. Albrechtsen, Eirik, Security vs safety, NTNU, Norwegian University of Science and Technology Department of Industrial Economics and Technology Management (2003): 1-8
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24. Malish R, Oliver DE, Rush RM, Zarzabal E, Sigmon MJ, Burkle FM. Potential roles of military-specific response to natural disasters—analysis of the rapid deployment of a mobile surgical team to the 2007 Peruvian earthquake. Prehospital and disaster medicine. 2009;24(1):3-8.
25. https://rcs.ir/
26. https://risstudies.org/

[1] Safety means avoiding danger; fear of what is the cause of destruction or loss is considered a literary danger. From a legal point of view, danger refers to a situation that has the potential to harm people, damage tools, equipment, and buildings, and destroy materials or reduce efficiency in the execution of a predetermined action (Paragraph 12-1-3-17 of the twelfth topic of the National Building Regulations).

[2] M.Sc. of jurisprudence and law.

[3] See Mashhadi, A. (2016). Government and Environment: From non-governmental Approaches to Participatory Approaches, Journal of State Studies, Faculty of Law and Political Science Journal, 8(2), 59-80.

[4] Clause C, Article 2 of the Law on Support for Revival, Improvement, and Renovation of Dilapidated and Inefficient Urban Structures.

[5] The twelfth topic (safety and protection of work during execution), the third topic (building protection against fire), and the twenty-second topic (care and maintenance of buildings) of the National Building Regulations.

[6] It should be mentioned that the author has used some sources directly in the study, and some have simply been inspired and used the foundation of the content in the text.