Draft Recommendations on Relief and Rehabilitation of Displaced Persons

The Commission held a National Conference on March 24 and 25, 2008 on internally displaced persons. A number of recommendations emerged at the end of the two day Conference. Draft recommendations are as under:
I General
" Pre-displacement, displacement, relief and rehabilitation should be viewed from a rights based perspective rather than as an administrative/governance issue that focuses on needs of beneficiaries. In all instances of displacement, there should be minimum non-negotiable human rights standards that should be adhered to for all and especially for vulnerable and marginalized groups such as women, children, elderly and disabled.
" As part of relief and rehabilitation, authorities provide food, potable water, clothing, shelter, basic health care, education etc. Basic minimum standards for such facilities /services should be defined.
" There is a need for Central and State Governments to re-examine and amend laws, policies, plans, regulations and practices to mainstream and integrate human rights concerns on issues related to pre-displacement, displacement, relief and rehabilitation.
" Authorities concerned with pre-displacement, displacement and post-displacement activities should be sensitized about human rights.
" All affected and displaced persons have the right to be treated with dignity. In particular, no arbitrary decision, without reason should be taken in the matters that affect their source of food, shelter and livelihood. Furthermore, before any such decision is taken, they should have right to be heard/consulted.
" All affected and displaced persons have the right to be treated without any discrimination in matters relating to rescue, relief and rehabilitation. In respect of vulnerable groups such as women, disabled persons and children, appropriate authority should take special measures to protect their rights.
" All affected and displaced persons have the right to information regarding all aspects related to immediate humanitarian assistance, relief and rehabilitation.
" All displaced persons, in particular displaced children, have the right to receive education, which shall be free and compulsory at the primary level. Education should respect their cultural identity, language and religion.
" All displaced persons have the right to an adequate standard of living without discrimination. Competent authorities shall provide displaced persons with and ensure access to : Essential food and potable water; Basic shelter and housing; Appropriate clothing; and Essential medical services and sanitation.
II. On Development Induced Displacement
" The basic principles in the National Relief and Rehabilitation Policy [NRRP] must be incorporated in the Rehabilitation and Resettlement Bill, 2007 (R&R Bill).
" There should be a mechanism to ensure equitable sharing of project benefits with the displaced people.
" The conditional availability of certain resettlement provisions in the Relief and Resettlement Bill are a matter of concern. Alternatives should be spelt out if these conditions are not met.
" The Bill should be in line with other existing legislations related to lands of tribal people or forest lands.
" Time limit should be defined for acquisition of the land. Besides, where land has been acquired and has not been used for the intended purpose or any other public purpose, then instead of auctioning the land, option should be given to the original owner to take it back on laid down terms.
" There shall be no arbitrary displacement of individuals from their home or place of habitual residence by state authorities. In particular, public purposes should justify any large-scale development project. In all cases of large-scale development projects, authorities should hold public consultation with people likely to be displaced.
" The concept of "eminent domain" should be in line with constitutional obligations and the proposed amendments to the land acquisition act and the relief and resettlement bill should provide for more scope for participation of affected people, both in the acquisition as well as in relief an rehabilitation.
" Under the Rehabilitation and Resettlement Bill, 2007, a multiplicity of authorities are sought to be created. In several cases, modalities relating to their operation are "as may be prescribed" by the Government. It is impetrative to define their roles so that they are complementary and there is synergy in their functions.
" The guiding principle in cases of development related displacement should be minimal displacement.
" Where agricultural land is sought to be acquired, it should be mandatory that area of wasteland equal to double the area acquired will have to be acquired and reclaimed for public purpose or at least funds for the same should be deposited in a special fund to be created for the purpose of rehabilitation of displaced.
" People who are displaced due to development projects include not only property owners but also others such as tenants, farm labourers or others whose livelihood may be dependent on the land even though they may not have legal title to it. Therefore protection of their rights must be ensured.
" It should be mandatory for all local bodies to formulate land use plans and building rules so as to minimize and regulate conversion of agricultural lands for other uses. No non-agricultural activity should normally be allowed in areas marked for agriculture unless there are compelling reasons.
" It has been the experience where infrastructure projects like highways, roads are planned, the land values of the adjoining areas go up. Appropriate legislation should be put in place to charge additional duty/tax for such enhanced value, at least at the time of the subsequent transfers of the land and sums so collected should be transferred to the Central Relief and Rehabilitation Fund.
" Social impact assessment and understanding local aspirations are best captured through continuous dialogue with local people who are affected and NGOs. Such consultation should be carried out.
" Norms of social impact assessment should be laid down and at least three alternatives should be examined in the same or different areas.
" Where there is multiple displacement, it is necessary to compensate the displaced people appropriately e.g. by enhancing the solatium amount provided for in the bill or otherwise.
" Regarding service of notice under LA Act, Section 45(3) provides "When such person cannot be found, the service may be made on any adult male member of his family residing with him, and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells. The term adult mail member may be replaced with adult member.
III. On Displacement on account of Natural Disasters and man made Disasters including Conflicts
" The Rehabilitation and Resettlement Bill, 2007 must explicitly cover persons displaced due to violence as also due to natural or other man-made disasters. The NRRP as well as the R&R Bill, 2007 have to be comprehensive. Also the definition of disaster has to be widened taking into account the environmental vagaries in different part of the country.
" In disaster related displacement, rehabilitation is the biggest challenge. There is a need to address as to how one rehabilitates displaced persons in locations similar to their former residence.
" People displaced on account of conflicts or natural disasters should be able to return to their former places of residence voluntarily in safety and dignity. Authorities should ensure that their property is protected against destruction and arbitrary and illegal appropriation when they are displaced. When they return to their places of habitual residence, they shall not be discriminated against. Authorities shall assist the returnees to recover, to the extent possible, their property that they left behind. Where it is not possible to recover property and possessions, then authorities should provide just compensation to them.
" Temporary Settlement should not be long drawn and there should be a time frame for the completion of relief and resettlement of people displaced on account of conflict and natural disasters.
" In the case of conflict, natural or human-made disasters, there is a need for a larger vision, which emphasizes the "prevention" aspect of displacement.
" The Central Relief Fund (CRF) should be renamed as Central Relief and Rehabilitation Fund (CRRF) and funds should be set aside for rehabilitation of displaced individuals.
" All affected and displaced persons have the right to security for their physical well being and their property. Security agencies functioning under the administrative control of the States/Central Government must be geared towards preventing looting and other anti-social activities.
" All affected and displaced persons have the right to immediate humanitarian assistance. To ensure smooth rescue, relief and rehabilitation, lists of persons dead or missing, property damaged should be prepared in a transparent manner.
" All affected persons have right to information about their missing relatives, friends, colleagues etc. Authority should make arrangements to collect information about the missing persons and keep their kin/relatives informed. Identification of dead and dissemination of information about them, should also be looked into.
" The concerned authorities after reasonable verification shall issue to affected and displaced all documents necessary for the enjoyment and exercise of their legal rights.