View from the courtroom: Law not clear on IDPs, their rights

The large-scale displacement of people from different regions is a recurring phenomenon in Pakistan, especially in the Federally Administered Tribal Areas and Khyber Pakhtunkhwa. Both natural and manmade disasters have occurred during the past decade triggering displacements, but militancy is currently the prime cause of this phenomenon.

While thousands of terrified people have now been fleeing their areas in North Waziristan after the launch of military operation against militants, the situation on the ground is still murky regarding the responsibilities of different authorities towards these displaced people.

Same situation was witnessed when people were displaced from other tribal agencies, including Bajaur, Mohmand and Khyber. The federal and provincial authorities had continued to pass the responsibility to each other when issues surfaced related to the IDPs staying at the Jalozai Camp in Nowshera.
The prime law dealing with disaster management is the National Disaster Management Act (NDMA) 2010, which was enacted in Dec 2010. It is unfortunate that while displacement is a recurring phenomenon no definition of an IDP (internally displaced person) is given in the law.

Experts believe that both the federal and provincial governments should have modified this law with the passage of time so as to include the definition and rights of the IDP.

However, so far the governments have not shown any interest in this regard.
Due to lack of clarity in the law different issues have been surfacing. Unlike refugees, the IDPs are citizens of the country and entitled to the fundamental rights enshrined in the Constitution of Pakistan just like other
citizens.
Reports have been surfacing regarding the decision taken by the Sindh and Punjab governments to curtail the
movement of IDPs on different grounds.
By placing such restrictions, these governments have clearly violated the constitutional provision guaranteeing freedom of movement as well as the right of an individual to move freely throughout Pakistan and reside and
settle in any part thereof.

Following the Constitution (Eighteenth Amendment) Act, 2010, disaster management is now a provincial subject and the provincial assemblies are now being empowered to make amendments to the NDMA 2010.
In Khyber Pakhtunkhwa, the previous government had enacted the National Disaster Management (Khyber Pakhtunkhwa) (Amendment) Act, 2012, through which amendments were made to the NDMA.
The most important amendment made by the provincial government was to do away with the provision of setting up of the district disaster management authority for each of the district and instead introduced setting
up of district disaster management units.

The NDMA 2012 includes both natural and manmade disasters. It defines a disaster as “a catastrophe, or a calamity in an affected area, arising from natural or manmade causes, or by accident which results in a substantial loss of life or human suffering or damage to, and destruction of, property.” Moreover, under the law an “affected area” means an area or part of the country affected by a disaster.

This law spells out “disaster management” as “managing the complete disaster spectrum, including preparedness, response, recovery and rehabilitation, and reconstruction.”
The law provides for establishment of National Disaster Management Commission with several dignitaries as its members. The prime minister is the ex-officio chairperson of the commission.

While the commission is the supreme policy-making body its meetings are held rarely which clearly depicts how much priority is being given to disaster management. The Act also provides for establishment of the disaster management authorities on national and provincial level.

Section 11 of the Act makes it binding on the national authority to make guidelines for the provision of relief to affected persons. It states: “Subject to directions of the National Commission, the National Authority shall lay down guidelines for the minimum standards of relief to be provided to persons affected by disaster which shall include: the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation; the special provisions to be made for vulnerable groups; ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood; and, such other relief as may be necessary.”

The UN drafted the Guiding Principles on Internal Displacement in 1998 which is a non-binding set of guidelines. These principles define IDPs as “persons or groups of persons who have been forced or obliged to leave their homes in particular as a result of or in order to avoid the effects of armed conflict ---- and who have not crossed an internationally recognised State border.”
It further provides that authorities should ensure that proper accommodation is provided to the displaced persons and such displacements are effected in satisfactory conditions of safety, nutrition, health and hygiene.
It would be appropriate for the government to make amendments to the relevant law in accordance with these guidelines. It will be appropriate to clearly define IDPs, their rights and responsibilities to be carried out by the respective governments and authorities.