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Hossein Ahmadi Need

Every natural event can be analyzed from a legal perspective. The recent flood in Iran, due to its widespread impact, high level of destruction, and extensive role in damaging various regions such as the west, southwest, north, northwest, northeast, etc., has led analysts, experts, and commentators to examine and investigate this flood from different angles. So far, the legal aspect of the flood has been less criticized and studied, and there is a gap in this regard. It is best that the leading journal of peace has taken the initiative in this matter. Topics such as negligence and shortcomings in flood prevention, disregard for urban planning regulations, violation of river boundaries, environmental and forest destruction, insurance, compensation for damages, the role of the government and public institutions in compensating for damages, and many other questions can be discussed and studied.

Flood is a natural occurrence and water is a living phenomenon that must be protected. Flood means the overflow of water, submerging a large area of land and becoming stormy.

On the other hand, due to Iran’s geographical location and its climate, the raging rivers of this country have always caused floods and provided the conditions for the occurrence of floods. One of the solutions to prevent floods is the construction of dams on the rivers that cause floods and the adoption of appropriate scientific measures to prevent and mitigate them. In other words, floods must be managed. Unfortunately, recent floods in Iran have shown that there have been many shortcomings and failures in preventing these floods. On one hand, various institutions in Iran are legally responsible for directing, controlling, and managing floods and flash floods in Iran.

1- The Crisis Management Organization is one of the departments of the Ministry of Interior.

2- Non-operational Defense Organization.

3- Municipalities.

4- The National Road Administration is discussing the strengthening of the country’s roads.

5- The Red Crescent organization is prepared.

6- Governors and sub-governorships under their management..

Other organizations such as the Ministry of Agriculture (National Forests and Watershed Organization), Ministry of Energy (responsible for dams, river boundaries, and riverbeds, etc.), Ministry of Health, Ministry of Interior, National Environmental Organization, etc. are also directly and indirectly involved in fulfilling their duties and responsibilities.

The flood passes through the riverbed and the river’s rampage is due to the increase in water flow, large volume of water, and other factors. If we want to explain the nature of a river, Wikipedia provides the following definition: “A river, also known as a stream in Persian, is a flowing body of water that originates from the merging of several springs in mountain valleys and flows to plains, lakes, or seas and oceans… The riverbed is referred to as the path and route of the river’s movement, and the term “river” is often mistakenly used instead of “riverbed”. Rivers usually form alluvial cones at the foot of mountains in their initial stages and help develop plains by depositing sediment along their course.”

In addition, water flow refers to the amount or volume of water that passes through the cross section of a river in a unit of time. Water flow is usually measured in cubic meters per second and the flow rate is equal to the product of the water velocity and the cross-sectional area of the river. The water flow of a river varies throughout the year. Usually, in the spring season, due to melting ice and increased rainfall and flooding, the flow rate increases and reaches its minimum during the hot summer days.

Iran’s rivers are divided into two categories: “seasonal rivers” and “permanent rivers”. A seasonal river, also known as a stream or surface water flow, only has water flowing in it during times of rainfall and flooding. A permanent river, on the other hand, is a river that has water flowing in it throughout the year. These rivers may become seasonal rivers during periods of drought or low water levels.

Now, with attention to the fact that responsible institutions, both government and public, have sufficient knowledge of the country’s climate and must also be familiar with the rivers of the country, and considering that rainfall is subject to scientific predictions of the Meteorological Organization, and from a scientific perspective, there is the ability to predict rainfall in future seasons, the question arises as to why the necessary facilities, preparations, and planning have not been taken to prevent the entry of life and financial damages to citizens? Is it not the inherent duty of the government to protect the lives and property of the people? Is this neglect of the government (government in the general sense) not a violation of the twenty-second principle of the Constitution?

Article 22 of the Constitution states: “The dignity, life, property, rights, housing, and occupation of individuals are inviolable, except in cases where the law prescribes otherwise.” In this flood, the lives and properties of people were affected by the flood, which had the potential for control and management. With the investigation of recent flood incidents, it is observed that many governmental and public institutions have not fulfilled their duties. Municipalities have comprehensive urban plans that define the legal boundaries of rivers and their beds, and the Ministry of Energy is responsible for protecting these boundaries.

The river reserve is the river bed and is referred to as the river’s path over a period of 25 years, from 1 to 20 meters, it is a small reserve and up to 150 meters is considered a quality reserve. According to Article 2 of the “Regulations on River Beds and Reserves, Canals, Drains, Swamps, Natural Ponds, and Water Supply, Irrigation, and Drainage Networks”, “Regional Water Companies are required to determine their activities in their designated areas, taking into account the facilities, limits of river beds and reserves, canals, drains, swamps, and natural ponds, through a specific plan and by sending qualified experts in accordance with the regulations of this regulation.” Note 2 of Amendment No. 58977T29101 dated 18/12/1382 of the Council of Ministers has also been added to this regulation: “Note – All authorities responsible for determining land use and issuing permits for activities within

However, in recent floods, we witnessed that many houses were built in the riverbanks in Poldokhtar, Khorramabad, Mamulan, Dezful, Ahvaz, and so on, which were destroyed as a result of these floods. Now the question arises, who has issued building permits for these houses? Or during the Shiraz flood, due to the destruction of the main canal, a road construction project was carried out by the municipality and a military contractor, which led to this tragic incident (although there is currently a case open in the Shiraz court and prosecutor’s office regarding this matter). Or during the Golestan flood, it was observed that the destruction of forests and nature, and the implementation of construction projects without considering the environment, were among the main causes of this flood.

“In this regard, the fiftieth principle of the Constitution states: ‘In the Islamic Republic, protection of the environment, in which the present and future generations must have a growing social life, is considered a public duty. Therefore, economic and other activities that may result in environmental pollution or irreparable damage are prohibited.’ This principle prohibits complete destruction of the environment, but unfortunately we are always witnessing violations of nature, forests, and the environment in Iran. In fact, the criminal laws of Iran consider this a crime, but there is a lack of necessary enforcement and monitoring mechanisms.”

In addition, all municipalities are required to insure all houses in the city against disasters such as floods and earthquakes so that in the event of an incident, there is no concern about compensating for damages.

The reality of the issue is that from a legal perspective, in the recent flood, the government is initially responsible for compensating the damages. According to the general principles of the third chapter of the Constitution, from the nineteenth to the forty-second article, the government has absolute responsibility towards the nation. On the other hand, the management of cities and villages must be done with kindness. The science of crisis management requires the government to use the most appropriate mechanisms to prevent disasters; otherwise, according to the law of civil liability, it will be held accountable. The elected government receives taxes and benefits from national resources to provide welfare for its citizens. However, unfortunately, for various reasons such as administrative corruption, rent-seeking, and lack of proper governance, inefficient governments have taken charge of managing society, lacking the necessary ability to manage crises or handle social affairs. In recent years, the widespread destruction of the environment, forests, riverbeds, illegal constructions, and encroachment on nature have caused the recent