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    Uprooting the Underclass: Comprehending Development Displacement as an Environmental Justice Issue

    1. Introduction

    Legal scholarship is belatedly addressing the problem of population movements caused by  environmental

    trauma,1

     lagging far behind the efforts of other disciplines.2

     Sociologists and  anthropologists, for example, havedocumented the different kinds and adverse effects of  environmentally-triggered population displacements and

    discussed ays to arrest their effects.!  Legal scholarship is not only tardy, but also inconsistent. "here are

    disagreements on many  aspects of the problem, from the basic definitions, to the causes, and the remedies

    that have been recommended.

    #f these efforts, some general observations can be made. $irst, legal scholars deal ith the displacement of 

     peoples through environmental trauma as cross-boundary movements that can be addressed by international la

    mechanisms. "hey maintain that the problem is the failure of the  international community in specifying the duties

    of states in addressing the plight of the victims of   environmental abuse.

    Second, legal scholars do not address the prevention of displacement, but focus on remedial   ork that

    may be undertaken to mitigate the plight of the victims.%

     "hese proposed remedies  assume that environmentaltrauma and the resulting displacement are inevitable, and ignore the  fact that such damage can be caused by the

    implementation of government policies that may be  altered.

    "hird, in their attempt to identify the causes of such displacement, scholars target multilateral   agencies

    involved in the funding of development pro&ects and suggest policy reforms ithin these  institutions.' "his thread

    in the literature assumes that displacement is an exclusive feature of the "hird (orld)s development process.

    *iven the premises underlying these orks, the proposed remedies uniformly revolve around  the use of the

    international legal regime. "hey suggest extending refugee la to embrace   +environmental refugees, adopting

    ne conventions, controlling the funding of environmentally  destructive pro&ects by multilateral development

    agencies, and recogniing international norms to  augment the existing international legal frameork.

    "hese solutions, I submit, are inadeuate, because they fail to consider the different kinds of   populationdisplacements. /opulation movements can be triggered involuntarily by natural  disasters and technological

    accidents, or deliberately by state-sanctioned development policies.  0ather than accounting for these variations,

    scholars often lump together all the victims of   environmental trauma, and tag them as +environmental

    refugees. "he proposed international la  remedies are not responsive to the needs of displaced populations because they fail to account for   the peculiar circumstances triggering the different kinds of population

    1 "here are many ays through hich the displacement of peoples can be triggered and many are provoked by direct or   indirect

    changes in the environment. I use +environmental trauma broadly to refer to all environmentally-related causes of  displacement such as

    ar, natural disasters, accidents and state development efforts.

    2 See generally, I#L3"405 6I*04"I# 47 08S8""L868"9 ":8 /0#;L86S 47 08S/#S8S #$

    7ISL#

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    movements.

    "his paper focuses on those forcibly displaced by state-initiated development pro&ects such as   energy-

    generating pro&ects or resource-extractive activities. I make three main arguments in this  paper. "he first is

    that development displacement is less of an international la or refugee la  issue and is more of anenvironmental &ustice issue. 4s such, the solutions to displacement that should be considered are those that have

     been advanced by the environmental &ustice movement. I  argue that development displacement is theuintessential form of environmental in&ustice because  economic development is championed as

    unuestionably advantageous to populations as a hole.  In the rush toards development, hoever, certain

    segments of society, the underclass,E  bear the  negative impacts of these efforts.G "his paper is not a definitive

    statement on the proper approach  to dealing ith the issue of development displacement. 0ather, it suggests an

    alternative  frameork for the analysis of this phenomenon. 6y second argument is that development

    displacement is a function of class structures in society. "his paper ill sho that development   displacement is

    the result of the struggle beteen those ith political poer and those ithout,  and that even in

    economically advanced countries like the 3nited States, poor and minority groups   are more likely to be

    victims of environmental trauma resulting from development policies  ostensibly designed for the benefit of the

    ma&ority. 4lthough large-scale displacements in the  "hird (orld receive abundant attention,@  the fact that

    development displacement occurs even in  economically advanced states is seldom acknoledged.?

    $inally, I argue that the legal  community)s faith in the international legal regime is misplaced because it

    ignores the fact that  struggles against development displacement are manifestations of the affected peoples)

    desire to   be recognied as a community. "he proposed international la remedies often rely on the

    intervention of third parties, and do not acknoledge popular resistance against state hegemony.

    6 4lthough admittedly a contentious term, +underclass is used here to mean those in persistent poverty, ho are not able, for hatever

    reason, to gain a living ithin the dominant processes of production, distribution, and exchange. 0#S86405  LI"I*. 1'G =1??'A.

    8 See e1g1, 4nne 6cIlroy,  'y!ro-2ue&ec stan!s alone in its attitu!e to hines 3am, 1J1EJ?' 6ontreal *aette 4%, 6ukul 

    Sharma, In!ia-3evelopment: Towar!s a 0ational Reha&ilitation Policy, 1J1DJ?' Inter /ress Serv. =/g. 3navail. #nlineA, 1??' (L  22'G?21,

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    "hroughout this study, I emphasie that the state, acting ith the elites, consolidates its   poer, and sees the

    victims of development displacement =mostly indigenous peoples and rural  communitiesA as incompatible ith

    the idea of the state.1D "he exploitation of resources by the  state reuires a denial of the rights of people ho

    maintain these resource bases the latter are  expunged to facilitate exploitation. "he issue becomes the

    identification of factions in society ho  ill benefit from resource use.11 

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    Indigenous peoples opposed the geothermal plant primarily because they consider 6t. 4po a  sacred

     place.1E ;ut the tribes and other non-governmental organiations are also concerned ith   the health effects of the

     pro&ect. /eople living near the mountain have traces of arsenic in their bodies at levels more than tice hat is

    considered normal.1G  0esidents complain of skin  irritations, crop damage, and turbid ater coming out of household taps. Lakes have turned  murky ith sulfur residues lining its sides.1@ 4t least E@ families have been

    displaced by the  pro&ect since 1?@G, and the /#< as accused of reneging on its promise to provide ne homesat a relocation site. o houses have been built by the government only tents hich shelter several   families

    each.1?  Indigenous peoples ere promised &obs but many ended up ith contract ork to  dig canals and carry

    rocks. "he contracts only lasted for to to three months.2D

    "he residents of 6asinloc opposed the coal-fired plant because they claimed that it ill ruin   the ton)s

    rich fish resources and their renoned century-old mango plantations.21 "hey claimed  that toxic emissions from

    the plant ill pollute their ater supply.22 Some ninety percent of an  estimated !,DDD families that ere directly

    affected by the pro&ect2! claimed that there as a lack of   public participation in the approval of the pro&ect and a

    lack of access to information.2%

    "hese are illustrations of the tension beteen the state)s right to exploit its natural resources   and its duty to

     provide for its citiens. "hey also demonstrate ho, as in many parts of the orld,  state development effortsthreaten to or destroy communities. (hile proponents of development  are uick to point to compensation

    mechanisms for the loss of property, these ould not apply to  the ma&ority of populations affected by

    displacement because the latter are rarely the legal oners  of the resources involved. State development

    efforts, hoever, displace even those hose rights do not amount to onership.2' 4s one author explained,the human victims of ecological  degradation are typically poor, including the rural-poor =the land poor and the

    landless for hom  ecological uestions are a matter of life and deathA, the unemployed and underemployed in

    the  cities, and the oppressed minorities in the $irst (orld.2E 8ven if the displaced peoples can be  compensated,

    this cannot account for the emotional and cultural losses hich result hen people   are uprooted from their 

    16 #ne tribal leader explained that, +"his mountain is sacred to us. It as entrusted to us by 4po Sandaa =4 tribal deityA... 4po

    Sandaa told us to look after his home and endure hatever hardships e may encounter here, but he said e should   never ever leave

    this land and settle elsehere. Lian emeno, .n a 3ormant 4olcano6 Tri&es .ppose Power Pro,ect , ?J21J?2  Inter /ress Serv. =/g.3navail. #nlineA, 1??2 (L 2%@?D@@.

    17 Lan 6ercado,  A Mountain of Arsenic, !J!J?' Inter /ress Serv. =/g. 3navail. #nlineA, 1??' (L 22'?!''. "ests by the $ukuoka

    Institute of /ublic :ealth found +very high concentrations of arsenic at one of /#

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    homes.2G  Infrastructure pro&ects produce both human displacement and  impoverishment. "hey create landless

    orkers or suatters ho face continuing risks of eviction.   0esettlement, the conventional remedy for 

    displacement, fails to provide adeuate reparation,  violates rights, and inflicts economic harms. In addition,

     populations that are forcibly removed are  resettled in unsuitable environments in terms of health and security.

    7isplacement also engenders  insecurity and deprives people of their dignity. It breaks links to the past, and makesthe displaced  groups dependent on others for their basic needs.2@ It provokes drastic changes in the environment,

     productive activities, social organiation and interaction, and leadership and   political structure. It producesfeelings of poerlessness and alienation.

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    change, or a permanent experience triggered by long-  term or irreversible environmental change.!!  It can be

    gradual or sudden, voluntary or   involuntary, large-scale or small-scale, and it may take place ithin a state or 

    across state  borders.!%  /opulation movements caused by environmental trauma constitute the single largest   class

    of displaced persons in the orld, and those permanently displaced are the largest and the  fastest groing.!' "he

    estimates of the number of people displaced by environmental causes range  from a lo of 1D million to a high of @'D million.!E

    "he unsuitability of land for human habitation can be the direct result of the implementation   of 

    government development programs. #ne author noted that9

    #ver the last six decades, the builders of dams have evicted from their homes and

    lands many tens of millions of people, almost all of them poor and politically

     poerless, a large portion of them from indigenous and other ethnic minorities. . . .

    In many cases the people have been flooded out ith only minimal

    compensation N often none at all N and many once self -sufficient farming

    families have thus  been reduced to eking out a living as migrant labourers or slum-

    dellers.!G

    6illions more have been displaced by canals, irrigation schemes, roads, poer lines and  industrialdevelopment hich follo dams. #thers have lost access to their sources of livelihood   like fish, game, graing

    land, timber, fuelood and ild fruits and vegetables. 7onstream  communities have been deprived of the

    annual flood hich once irrigated their fields. 6illions  have suffered from the diseases hich dams and large

    irrigation pro&ects in the tropics almost inevitably bring in their ake.!@ 7espite the lack =or impossibilityA of  precise statistics, there is a  consensus that the number of internally displaced people orldide surpasses the

    number of   those usually encompassed by the concept of international =or externalA refugees. "he 3.S. -=? Septem&er =@@, G F#304L #$ 08$3*88 S"37I8S %1@, %2G =1??%A.

    35 Facobson, supra note !2 at !G-!@. Facobson classifies them as those displaced temporarily because of a local disruption such  as an

    avalanche or earthuake those ho migrate because environmental degradation has undermined their livelihood or   poses unacceptablerisks to health and those ho resettle because land degradation has resulted in desertification or because of other permanent and

    untenable changes in their habitat.

    36  /rofessor orman 6yers of #xford 3niversity estimates that there are around 2' million +environmental refugees  around the

    orld. :e defines such refugees as those forced to abandon their land because of drought, erosion, desertification and other problems

    linked to environmental damage and exacerbated by demographic pressures and poverty. :e expects the  figure to rise to 'D million by theyear 2DDD. BC Million Environmental Refugees &y the 9ear DCCC5, 8urope Information Service,  September ', 1??' =available in L8KIS-

     8KIS,

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    internally. "hese figures do not include those displaced internally by  planned development programs. 7espite

    the huge number of internal refugees, hoever, +at  present no international agency has responsibility for 

    ensuring the adeuacy of protection and assistance, including health care, for internally displaced persons.!? 

    0egardless of the cause, populations uprooted by environmental disruption have been  collectivelylabelled as +environmental refugees. +8nvironmental refugee is used to describe  peoples displaced through

    natural and man-made disasters and environmental degradation. "hey  are +people ho have been forced toleave their traditional habitat, temporarily or permanently,  because of environmental disruptions =natural andJor 

    triggered by peopleA that &eopardie their   existence andJor seriously affect the uality of life, as opposed to

     people +displaced for political  reasons or by civil strife, and migrants seeking better &obs on purely economic

    grounds.%D  4ccording to 8l-:innai, environmental refugees are9 aA those ho are temporarily displaced by a

    natural disaster, bA those ho are permanently displaced because of changes in their subsistence  base caused

     by development pro&ects, and cA those ho are temporarily or permanently displaced   because of 

    environmental degradation affecting their uality of life.%1

    "his definition, hoever, implies that the movement is prompted solely by environmental  reasons, to

    hich political developments are entirely unrelated. Hualifying these movements as  +environmental is ill-

    advised because under the international refugee regime, a purely environmental cause of displacement does

    not entail +persecution on the part of the state of  origin. It may encourage receiving states to regard displaceesas +economic migrants to avoid  their responsibility in providing protection and assistance.%2 +8nvironmental

    refugee falsely  suggests distinctions beteen overlapping and interrelated causes. 8nvironmental problems can

    have political roots particularly in cases of drought or famine. /eople become victims because their  coping

    strategies have been undermined directly or indirectly by the state, or their recovery  prevented by failure to provide insurance and relief. (ar also interferes ith peoples) strategies  for coping ith environmental

    viability. /opulation movement is only one survival strategy used  simultaneously or consecutively ith others,

    such as eating bush foods, selling assets, age-labor, or short-distance migrations to less affected areas.%!

    "he use of the term +refugee has also been disputed because it assumes that environmental trauma

    invariably causes cross-boundary movements and that it necessarily implicates the international refugee regime

    hich as not designed to address environmental causes of   displacement. 7espite the numbers of peoples

    involved in environmentally-triggered migrations,  most of these occur ithin the borders of the poorer states of the orld, draing little international  attention.%%

    39 6ichael 6.

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    ;ecause population movements are triggered in several ays, a single solution is unrealistic. "his study

    looks into those ho are forcibly removed by state development efforts. I use the  phrase +development

    displacement to avoid invoking the international refugee regime, an  already ell-defined body of la that as

    never devised to address the victims of environmental  trauma. Similarly, it does not discount the possibility that

    the environmental causes or migration  are actually politically motivated.6aking distinctions among population movements is not a novel task. 4s early as 1?'@,  anthropologists

    have been preoccupied ith the classifications of displaced peoples. (illiam  /eterson distinguished beteenthose ho retained some poer to decide hether to leave a   place, and those ho had little or no such poer.

    "he latter groups are forced or compelled  migrants and are essentially passive.%' $orced population movements

    are closely connected ith a  controlling social organiation that overpoers individuals and directs their 

    movements in one  ay or another, and ith the existence of cultural and racial differences in the society of 

    origin. In short,

    forced migration is distinguished from voluntary migration by the diminished

     poer of decision in the former, sometimes reaching an extreme in hich the

    forced migrants are totally poerless. 4lthough natural disasters are not mentioned

     by most theorists as a cause of forced migration, the same element of poerlessness

    applies. 4nother important distinguishing factor is the original absence on the part   of 

    forced migrants of a desire or motivation to leave their place of residence... B"Cheforced migrant is more oriented toards retention or reestablishment of past  conditions

    than the voluntary migrant.%E

    4nthropologists have also addressed the plight of +development refugees N those  dislocated by statesfor the construction of development infrastructures.%G  "his phenomenon has  also been called development-

    induced displacement. Induced development +refers to development stimulated by a deliberate program, typically

    initiated by government, hich uses  public financial resources to create ne infrastructure or other economic

    assets and thus triggers  or accelerates groth and change.%@  0esettlement efforts caused by development

     pro&ects are  planned, deliberate displacements provoked by programs that purposely pursue change, and can  be

    sub&ected to mitigatory planning to reduce the need to displace in the first place.%?

    7evelopment-induced displacement differs from other forms of displacement in many ays.  $irst, mostvoluntary movements, such as settlement in frontier areas, are characteried by choice. Involuntary movements

    are attended ith more anxiety and insecurity because they result from a  lack of options. Second, voluntary

    settlement programs usually attract young families in the early  stage of the household life cycle. Involuntary

    resettlements are indiscriminate, and can affect everyone at the same time. It severs economic and social ties

    ith homes that ould normally be  present for the benefit of the voluntary migrant.'D "hird, the displacement

    caused by development  pro&ects is the direct result of a planned political decision to take land aay from itscurrent users,  and are driven by actively pursued policies. $inally, people displaced by ar or natural disasters

    45 4nthony #liver-Smith > 4rt :ansen,  Involuntary Migration an! Resettlement: auses an! onte*ts, in I#L3"405

    6I*04"I#, supra note 2 at 1, !, citing (illiam /etersen, A %eneral Typology of Migration6 2! 4680I

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    are often able to return to their homelands once the disturbance has subsided, hich is not an  option for those

    displaced by development.'1

    The auses of 3isplacement 

    4ttempts to analye population displacements use classification systems that overlap, and often minimie the

    human role in displacement. #ne author identifies the +environmental causes  of migration as9 aA long-termdegradation, bA sudden environmental disruptions, and cA  accidents.'2  "his classification does not distinguish

     beteen the natural and human stimuli for   environmental trauma. Long-term environmental degradation such as

    desertification, for   example, is caused by both human and climatic factors.'! Sudden environmental disruptions

    or  natural disasters have also been attributed in part to faulty economic development. '%

    6ichelle Leighton Schart identifies the causes of environmental migration as9 aA irrigation  and flood-

    control pro&ects, bA desertification, and cA the policies of International $inancial   Institutions,''  unperturbed by

    their overlapping nature. International $inancial Institutions, for   example, fund irrigation and flood-control

     pro&ects that have adverse impacts on the environment. "hese pro&ects on the other hand can cause slo on-

    set changes in the environment that lead to   desertification.'E

    /erhaps the most elaborate classification has been developed by 6aria Stavropoulou. She  defines

    +displacement as the forced, forcible, or involuntary movement of people from their area   of habitual residence,including all cases of expulsion, deportation, forced resettlement, relocation,  and transfer, hether across

    national borders or ithin the home country. She uses the term  +displaced to refer to refugees, asylum

    seekers, persons internally displaced or forcibly resettled, expellees, and uprooted individuals or groups.'G

    She divides the causes of displacement into +root and +proximate causes. She suggests that  the root

    cause of population movement is foreign policy formulation. "he ay to address the root  cause ould be to

    integrate the effects of foreign policies.'@ "he proximate causes of displacement  are deliberate displacement and

    51 Scott 8. *uggenheim > 6ichael 6. LI"I*. ''1 =1??%A.

    55 6ichelle Leighton Schart, International Legal Protection for 4ictims of Environmental A&use6 1@ 54L8 F. I")L L. !'', !GE-!G@  =1??!A. "he contributions of international financial institutions to the displacement of peoples have been addressed by several authors. See discussion in /art !, infra1

    56 6uch of the displacement that occurs result from bilaterally and multilaterally funded development programs. See

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    displacement as a by-product of other circumstances.'?

    :er definition of deliberate displacement includes deportation and forced relocation or   resettlement. State

    authorities, in this case, force people out of their homes, and either deport them  or confine them in other areas,

     possibly in other parts of the country, sometimes to facilitate the  implementation of a development pro&ect. Itmay also be used to control people, to enforce  assimilation, to alter the demographic composition of a

    territory, or to cut off logistical support for   insurgent groups. "his is also used as part of a tactical policy intimes of armed conflict, or to  preserve the elfare of the people.ED  #n the other hand, she identifies four 

    circumstances that  cause displacement9 =aA systematic human rights violationsE1  =bA ar, armed conflict,

    communal violence, and aggressionE2 =cA development-induced relocation and =dA damage to the  environment.E!

    She explains that development-induced relocation affords minimal legal protection because it  purportedly

     benefits the national or local elfare, if not those ho are displaced. "he resettlement  policies under these

    circumstances apply to cases here development policies have destabiliing  effects that cause massive

    movements of people, such as opposition to a government)s decision to implement a particular development

     policy.E%  8nvironment-related displacements may be both  natural or manmade, and it is difficult to identify

    ho or hat is responsible for the damage.E'  "hese disruptions are elemental =such as cyclonesA, biological

    =such as locustsA, slo-onset =such as  droughtsA, accidental, and those caused by development and urbaniation,

    and environmental arfare.EE

    $or purposes of this paper, Stavropoulou)s attempt to refine the types of population   movements is

    ultimately confusing. 3nder her analysis, development displacement is both a form of deliberate displacement

    and a by-product of other circumstances. 3nder the latter, it is both   development-induced relocation andenvironment-related displacement. "he classification scheme  allos development displacement to ualify under 

    any of the forms of forced population movements she has identified and obscures its distinct characteristics.

    4nthropologists, on the other hand, have been more precise in their classification of    population

    displacements. (orld ;ank anthropologist 6ichael

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    approach achieves several things. It separates the natural environmental causes of displacement from those that

    result from the pursuit of  government development policies. 4t the same time, it points out that the latter can

    cause  environmental damage.

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    "o be sure, the interpretation of the

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     protect people ho have been displaced ithin their   countries by environmental trauma. "hese definitions

    apply only to persons ho have fled their   country of origin or nationality, in conformity ith existing

    international legal principles.

    Schart also points out that international humanitarian la provides little protection for   victims of internal disturbances. "hese persons conseuently receive very little protection and assistance from human rights

    organiations.@1 "he protection for internally displaced people is  limited by the very fact that they are ithinthe borders of their on countries, so that the  extension of refugee la to these people can at best be

     partially helpful.@2

    /resent trends also counsel against relying upon international refugee la. "he 3.. has been

    experimenting ith alternative approaches to the refugee problem such as the establishment of   +safety ones

    =orthern IraA, the deployment of human rights monitors =0andaA, the use of a   regional peacekeeping force

    =LiberiaA, the use of 3.. troops to protect the delivery of  humanitarian assistance =;onia and :eregovinaA,

    the introduction of +regional safe havens  =:aitian asylum seekersA, and the establishment of a ar crimes

    tribunal =the former 5ugoslavia and 0andaA.@! "he 3.. is averting refugee movements by containing armed

    conflicts and the   population movements that they provoke. "he international community has opted for an

    integrated approach to the problem by protecting human rights, keeping the peace beteen the   states, promoting

    sustainable development, and managing international migration.@%  "he 3:

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    .ther International Law Solutions

    #ne other proposed solution is the adoption of a ne convention that ill address the plight   of 

    environmental refugees.?D "his proposal, hoever, covers migrations caused by accidents and  natural disasters,

    and ill not assist those ho are displaced by state development efforts. 3nder   this proposal, the problems of the migrants ill be addressed in the country of origin. It ould  confer the duty upon states to prevent

    environmental disasters, to minimie damage and provide  emergency assistance, and to compensate for in&urieshich result from environmental damage.?1

    4nother suggestion has been to reinterpret, expand, and modify existing human rights  instruments and

     procedures to protect the victims of environmental abuse. /rofessor Schart  suggests that access to human

    rights tribunals and national courts should be expanded to facilitate   the presentation of environmental human

    rights claims. Since the conventions and instruments  under hich various ad&udicatory human rights institutions

    operate do not expressly include the  right to a clean and healthy environment, she suggests that the

    International :uman 0ights 

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    la, and that its recognition could empoer those in danger of being displaced to   assert the violation of this

    human right.?' She argues that the international community should  make efforts to recognie this right.?E

    #thers advocate the recognition of a right to participate in decisions that affect the  environment.?G 3nder 

    this approach, political participation by affected peoples should incorporate  the freedom to develop and exchangeideas and information. "his right obligates the government  to provide environmental education and access to

    government-controlled information.  +8nvironmentally significant information should be immediately availableand government must  allo for public input in the environmental decision-making process. 8nvironmentally

    significant  activities should be sub&ected to an environmental impact assessment and should incorporate  public

    comments and alternative measures, and these activities should be open to challenge  through independent

    revie at all stages of progress. /olitical participation should apply to all  activities that potentially affect the

    environment and should consider the resources of participants  and keep their expenses at a minimum.

    4dditionally, it should not discriminate among  participants or pro&ects. "he process does have to account for 

    other national priorities, but rarely,  if ever, at the expense of the environment.?@

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    (orld

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    multilateral development banks =67;A that their aid pro&ects result in environmental   degradation.112 7uring the

    1?EDs and 1?GDs, global environmental consciousness, mobiliation by  the public as ell as individual

    governments, and pressure from ithin the 67;s pushed the  (orld ;ank to revise its loan criteria to

    incorporate environmental considerations.11!

    ;eteen 1?G? and 1?@D, the (orld ;ank adopted a policy regarding the social issues involved  in

    involuntary relocation. "his as due to increasing in-house use of social science knoledge and  negativefeedback concerning its forced relocation pro&ects. "he ;ank issued a resettlement policy  in 1?G?,11% hich as

    revised in [email protected]'  It as later issued as #perational 7irective %.!D on  +Involuntary 0esettlement.,11E

    "hese operational directives, hoever, are neither mandated nor sub&ect to independent   revie, but are

    112 Stephanie

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    merely encouraged.11G  "hus, hen the 3nited States :uman 0ights "0478 1, 12-1! =1??2A.

    118 0I

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    directors and the 3nited States) status as the orld)s leading financial and economic  poer. "his has been done

    through three types of legislation9 by providing policy guidelines for   the 3nited States representatives ithin

    the banks, by imposing voting restrictions for 3.S.  executive directors, and by placing conditions on the use

    of the appropriations.12%  "he Secretaries  of the "reasury and State are reuired, for example, to promote

    improvement in 67; environmental policy. "he 8xecutive 7irector of an 67; is instructed to incorporateenvironmental impact assessments into the loan revie process and to vote against making loans  that ould

    result in environmental damage.12'  Las have been passed governing ho 67;  representatives should participate and vote in bank fora. "hese may be general statements of   policy, a reuirement that the

    4dministration report to /#L)5 !D?, !!'-!!E =1??2A.

    19

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     pro&ect regardless of its environmental conseuences, as long as an environmental impact  assessment is

     performed. 5oung suggests that

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    the 8I4 reuires the input of local  experts ho ill ork in con&unction ith ;ank consultants. /resumably, the

    8I4 ill also help in  identifying potential refugees and determining their needs.1!@

    "he (orld ;ank has incorporated environmental assessments in its programs as conditions  for its loans,

     but they have not proven effective. "his failure has been attributed to pressure from  borroer countries tomaintain the volume of funding and to reduce the restriction and conditions  on the supply of these funds, as

    ell as pressure on the ;ank to provide inexpensive access to  funds. "his affects the ;ank)s cost-benefitanalyses as ell as the degree to hich it ill allo  environmental cost to undermine pro&ect profitability.1!?

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     proposals do not address the more fundamental features of development  displacement. "hey disregard the

    community)s response to displacement and rely too much on  external assistance, belittling the community)s

    efforts to uestion the necessity of displacement. I propose that instead of relying on international la,

    development displacement should be  considered as a domestic issue that recognies both the role of the state

    in the exploitation of   resources, as ell as the significance of community resistance to displacement. I arguethat this approach runs parallel to the tenets of the environmental &ustice movement.

    4. Environmental Justice

    The Movement 

    I argue that development displacement can best be addressed by using an environmental    &ustice

    approach. Indeed, at the very heart of development displacement is the uestion of   resource use and the

    allocation of its benefits and disadvantages. 7evelopment displacement  operates against the essence of 

    environmental &ustice it is undertaken on the pretext that  development efforts ill redound to the benefit of the

    ma&ority of the population, hen in fact,  segments of the population bear the negative effects of these efforts.

    8nvironmental &ustice has eluded easy definition.1%2 "he 3nited States 8nvironmental  /rotection 4gency

    =8/4A defines it as9

    the fair treatment of people of all races, cultures, incomes and educational levels   ithrespect to the development, implementation and enforcement of environmental  las,regulations and policies. $air treatment implies that no population of people   should beforced to shoulder a disproportionate share of the negative environmental  impacts of 

     pollution or environmental haards due to lack of political or economic  strength.1%!

    8nvironmental &ustice covers issues on the disproportional distribution of environmental  haards to

    minority and lo-income communities, and includes the disproportionate placement of   toxic haards in minority

    areas, the exclusion of minorities from environmental planning, and the   devastation of traditional communities.

    4s a result, minority and lo-income communities pay  the pollution costs of industrial production, hile the

     benefits accrue to society in general.1%%

    #thers have asserted that environmental &ustice is a critiue of traditional vies of  environmentalism,

    science, and social policy. It defines the environment, not as a place that should be conserved, but as a place

    here people live. It reveres public participation and   accountability in the formulation of public policy and

    environmental decision-making, reshapes  public health and environmental risk policies to include synergistic

    risk, and promotes community-level analysis of environmental protection.1%'

    142 See 0obert (.

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    6uch of the literature on environmental &ustice focuses on the distributional conseuences of   the

    application of environmental las, hich are ignored because they ere considered +social issues that go beyond the consideration of environmental protection programs.1%E 0obert 7.  ;ullard explains the problem as one

    herein environmental las, regulations, and policies are not  uniformly applied so that some neighborhoods andcommunities are being exposed to elevated health risks. In his vie, the environmental &ustice frameork 

    1. Incorporates the principle of the right of all individuals to be protected from

    environmental degradation

    2. 4dopts a public health model of prevention =elimination of the threat of harm

     before  the harm occursA as the preferred strategy

    !. Shifts the burden of proof to polluters and discharges ho do harm or discriminate

    or   ho do not give eual protection to racial and ethnic minorities and other 

    +protected classes,

    %. 4llos disparate impact and statistical eight, as opposed to +intent, to infer 

    discrimination,

    '. 0edresses disproportionate risk burdens through targeted action and resources.

    "he goal of the frameork is to make environmental protection more democratic.1%G 4s another author tersely put it, the goal is eual &ustice and eual protection from pollution.1%@

    "he evolution of the movement, has produced even broader definitions. (hen the $irst  ational /eople

    of

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    "hus, hile the eight of literature focuses on the issue of siting of haardous plants in predominantly lo-income or minority areas,1'1  environmental &ustice is broad enough to cover   other 

    issues such as the acuisition of lands from disenfranchised groups.1'2  "here are several  themes thatemerge from this literature.1'!  I define environmental &ustice broadly to refer to the  movement againstgovernment actions affecting the environment that cause a disparate impact on  poor or minority communities.

    7espite the vast literature on environmental &ustice,1'%  there is no consensus as to the proper   legalremedy that ill resolve the issue. Some maintain that the 8/41'' is sufficient to address  the issues,1'E  at least

    until amendments are made to reassert the 4ct)s intended substantive  mandate.1'G #thers have pointed to other 

    existing and proposed legislation as the solution.1'@ "he  literature is almost unanimous in conceding that there is

    no clear anser to the crisis and there is   agreement that the present remedies are deficient.1'?  0elying upon

    federal environmental las is  said to be ineffective because they do not address the highly localied problems

    found in inner   cities and their economically disadvantaged communities.1ED "hese las employ uniform  standards

    that do not account for the cumulative impact of pollutants.1E1 #ther environmental  las also afford little relief,

     being mainly in the form of in&unctive or declaratory relief andJor civil  penalties.1E2 It has been surmised that

    minority interests have traditionally little influence in the  process of enacting environmental legislation. Interest

    groups ho are active in the enactment of   these las include mainstream environmental groups =representing

    conservation, recreation,  hunting, ildlife and resource protection, and human health concernsA, and the

    commercial and  industrial concerns. #nly lately, if at all, have these interest groups concerned themselves iththe  implication for minorities of environmental protection.1E!  It is has also been said that   environmental las

    151 See e1g1, 6ichael (heeler, 0egotiating 0IM9s: Learning from the #ailure of the Massachusetts Siting Law, 11 54L8 F. # 08*.

    2%1,  2%E =1??%A, citing 7aniel 4. 6amanian > 6ichael Stanley Fones, Reconceiving L"L"s: hanging the 0ature an! Scope of Locally  "nwante! Lan! "ses, in Sidney 4. Shapiro,    Poverty an!

     Politics of .ccupational Safety an! 'ealth, i! . at 12?, and /atrick (est, et al.,  Minorities an! To*ic #ish onsumption:   Implications for Point 3ischarge Policy in Michigan, in 8I0#68"4L F3S"I

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    fail because the values they protect are sub&ected to the influences of the  political process. In this vie, the

     political process protects only some rights such as free speech  and expression, but sub&ects environmental

    values to influences in the public arena.1E%

    Litigation using the eual protection clause and federal civil rights las is also ineffectual.   "he 3.S.Supreme LI"I*. !D? =1??%A.

    169 "itle III of the

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     both political and legal strategies.1GD  "here has also been a trend in the efforts of state 1G1  and the federal1G2

    legislatures to address the problem of the siting of unanted facilities in areas  that affect communities. "here

    are still more efforts from the federal government and the academe to come up ith solutions to environmental

     &ustice issues.

    %overnment 

    "he 8xecutive ;ranch of the 3nited States $ederal *overnment has also kept up ith the  environmental

     &ustice movement. In 1??%, /resident

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    usually perceived to be  motivated purely by profit,1GG  these programs are actually designed to meet a broad

    range of   ob&ectives and management philosophies.1G@ "he public may benefit from a company)s  environmental

    management program1G?  because the latter can be used as an opportunity to   promote a decentralied,

    ecologically-sensitive society in hich all of society)s organiations  incorporate environmental values into

    their decisions, instead of being coerced by centralied  rules.1@D 

    In Fanuary 1??!, the 8/4 solicited comments for the 8nvironmental Leadership /rogram   =8L/A,1@1

    hich ould provide recognition to companies and facilities that reflect a commitment to   prevention-oriented

    environmental management that +goes beyond mere compliance ith  regulations.

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    "he Statement of 8nvironmental /rinciples is envisioned to go beyond legal reuirements that mandate

    communication beteen a company and its neighbors on issues related to toxics  manufacture, storage, and use

    ithin a facility.1@E 8/4 is seeking comments on ho the 8L/ can   empoer communities and orkers,1@G ho

    could be vieed as +stakeholders of the company  ith an interest in information related to environmentalconcerns and decision-making related to  those concerns.1@@ 

    In Fune 1??%, the 8/4 reuested pilot pro&ect proposals for the 8L/ to explore the ays that  8/4 and

    States might encourage facilities to develop innovative auditing and compliance  programs and to reduce the risk 

    of non-compliance through pollution prevention practices.1@? "he  pilot pro&ects ould help the 8/4 design a

    full-scale leadership program and determine if the  program can improve environmental compliance.1?D  "hese

    voluntary pilot pro&ects ill benefit the  public by encouraging industry to take greater responsibility for self-monitoring, hich ill lead to  improved compliance, pollution prevention, and environmental protection. "he

     pro&ects ill  benefit industry by providing an opportunity to receive recognition for outstanding environmental

    management practices and to address barriers to self-monitoring and compliance efforts. "hey  ill benefit the

    government by reinforcing $ederal-State partnerships and alloing 8/4 to gather   empirical data on

    environmental compliance methodology and measures. 4pplicants must  demonstrate that their employees and

    their communities are involved in developing and  implementing their environmental management programs.1?1

    "hey must sho that their auditing  and pollution-prevention programs ill be used as models ithin their company or industry.1?2 

    In 6arch 1??', the /resident announced that 8/4 ould develop a set of pilot pro&ects that  ouldtest alternative strategies to achieve environmental goals. "he initiative ould give some  regulated entitiesflexibility to develop alternative strategies that ould replace or modify specific  regulatory reuirements on

    the condition that they produce greater environmental benefits. In exchange, these entities ould be held toa higher standard of accountability for demonstrating  pro&ect results.1?!

    "hese KL =hich stands for excellence and leadershipA programs differ from the 8L/ because  they

    allo flexibility from existing regulations if they can attain results beyond hat ould have  been accomplished

    through compliance ith those regulations. "he 8L/ pro&ects ork ithin  existing regulatory reuirements.1?%

    environmental leaders.  I! . at %@D@.

    186 See 8mergency /lanning and

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    "he KL /ro&ects have a separate set of criteria,1?'  the most  significant being +shifting of risk burden. 3nder 

    this criteria, the pro&ect must be consistent ith  the /resident)s 8xecutive #rder on environmental &ustice1?E and

    must protect orker safety and  ensure that no one is sub&ected to un&ust or disproportionate environmental

    impacts. Like the 8L/,  the ne approaches must be adaptable to the 4gency)s programs or in other facilities

    in the same  industry.1?G

    The Aca!eme

    #ther solutions for environmental &ustice include a "akings approach to private property.1?@  "he

     proponent argues that discrete and insular minorities are likely to be the victims of the failure  of the

    ma&oritarian system, and that this ould &ustify sub&ecting governmental actions that have a  disparate impact on

    their property interests to heightened scrutiny under the "akings 6405 8"L. L. > /#L)5 08. 22! =1??'A.

    201  I! . at 2!?-2%D, citing 08S"4"868" =S8

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    knoledge has not been properly incorporated in development  planning. (hile this knoledge can be used in

    the formulation of policies, the impact statements  that have been produced have not yielded recommendations

    for policy reform because they tend  to avoid making recommendations beyond the case at hand.2D% "he failure

    of social planning in  influencing pro&ect designs has been blamed on both social scientists and pro&ect

     planners. Social  analysts have failed to organie their insights into a systematic and usable conceptual frameork about settlement processes, hile planners have designed settlement programs only in   technological terms, and

    have ignored the socioeconomic aspects of the settlement process.2D'  /ro&ect planning is so dominated bytechnical factors or economic factors that people are dealt ith  only as an afterthought.2DE 

    "he revie of the environmental &ustice movement emphasies, first, the broadness of the  issues that it

    covers, and, second, the variety of ays in hich the issue is being addressed. "hese  approaches do not rely on

    regulatory or command-and-control techniues rather, the innovations  that have emerged reflect a recognition of 

    the need for community empoerment and   participation. "he attention to community empoerment and

     participation is perhaps in response  to the perception that the problem stems from a public that does not trust its

    leaders to make ise  decisions.2DG  In the next section, I explore ho this mistrust is engendered by class

    structures in  society.

    5. Resource Use and Displacement

    The Role of lass

    7evelopment displacement is the result of deliberate government action. It is primarily a  domestic

    issue even hen governments resort to international assistance for their development  programs.2D@ Indeed, others believe national la can be more generous in providing protection  than ould international las.2D?  8ven

    governments and development agencies consider their goal  in dealing ith involuntary resettlement as one of 

    euity, here those ho have been resettled  should be left in the same social and economic status as they ere

    Supp. %?E [email protected] essence, these cases state that an environmental impact statement is not reuired here the alleged effects

    of a pro&ect are  primarily socio-economic. It ould not, hoever, be a barrier to using the 8/4 in development displacement

    cases because  environmental damage is a primary concern of the complainant.

    204 

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     before the implementation of a  pro&ect.21D 

    In this section, I attempt to sho that development displacement is not exclusive to "hird   (orld.211 I

    focus on the 3nited States to illustrate that displacement affects even economically   advanced societies. Indeed,

    displacement in urban development in the 3nited States has already been thoroughly examined .212  It is said thatthe government)s failure to provide protective oning  to lo-income communities of color through its land-use

     policies results in the siting of   environmental haards and stimulates development-induced displacement of lo-income  residents.21! :ighay construction pro&ects, in particular, have been challenged in courts on the   grounds

    that they cause the displacement of minority communities.21% 

    ;ecause of these skeed development policies, community responses to the development  approaches

    in urban areas have spurred alternative, locally-based development efforts by  minorities hich are largely

    efforts to obtain freedom, &ustice, or euality among those ho have   been dominated by hites in poer.

    "hese groups operate on the basis of self-help, protest, and  collective politics to advance their agendas.21'  I

    argue here that development displacement is also  idespread in the rural 3nited States, and as anyhere else

    in the orld, resistance to  displacement has cultivated community responses that focus on self-help and

    collective politics.

    "he history of the 3nited States has been characteried by displacement.

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    artificial past that stresses the valorous talents of   those ho settled the frontier but ignores their destructive

    actions toards indigenous  populations.21G "he massive displacement of indigenous populations as fueled by

    the conviction  of hite peoples that the acuisition of property as a cultural imperative. Land as to be

    divided, distributed, and registered. "he estard expansion of the country turned open areas of orth 4merica

    into transferable parcels of real estate. So innate ere the values attached to  property,21@ that in the half centuryfolloing the 4merican 0evolution, population groth and  commercial expansion resulted in the unstoppable

    estard movement of people into ne  territories, despite poverty, inclement eather, and the presence of Indians.21?

    "he racist character of this movement has been traced to the medieval era, hen the

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    Sociologists explain it as a necessary outcome of class dominion and  subordination hich is a feature of 

    modern societies.22%  ;ecause of class stratification, minority  groups, omen, the aged, and the poor, are

    disparately affected. "hese disempoered groups ho maintain values hich are at variance ith the ma&ority

     beliefs are further sub&ected to uneual impacts from development pro&ects.22' 

    Sociologists have asserted that resource  development is generally determined by social

    stratification.22E  Social ineuality is generally  understood to consist of structured social relationships of  privilege and disprivilege, and  domination and subordination.22G "he 3nited States is a highly stratified society

    hich generates ineualities. "hese ineualities  create groups hich possess different amounts of ealth, poer, and prestige, hich are passed on to succeeding generations.22@ (ealth, poer, and prestige, in turn,

    are largely determined by  the division of labor in the production of goods and services in society.22?

    #ver time, class structures became nationalied because of the expansion of resource development patterns.2!D

    "his  expansion forced the 3nited States to resort to international resources and to increase efforts at   domestic

    resource development.2!1  4s a result, resource development reflects a relationship of   domination from those

    ho seek unrestricted access to resources, and opposition from those ho  are dependent upon a certain resource

     base.2!2  atural resources exploration has been transformed  into a nationide activity, hich puts minority and

    lo-income groups at a disadvantage.2!!

    4lthough the 3nited States is characteried by ethnic, racial, linguistic, and religious diversity, much of this diversity as ignored hen the nation as originally designed. "he founders of the   3nited States used

    /0#"8

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    hite, 4nglo-Saxon, and /rotestant values as the basis upon hich the nation  ould function so that the

    4merican political and economic system, in effect, operates in the  interest of an 4nglo ma&ority. 6inority groups

    are still seeking acceptance of their cultures, race,  and ethnicity into 4merican society, and still face

    discrimination, racism, and other forms of  exclusionary pressures that engender ineuality.2!% It has been argued

    that the state does not  operate in the mutual interest of individuals, but is managed by individuals and groupsho use it  in their on best interest.2!'

    "he disproportionate distribution of poer in communities in the 3nited States leads to the  differential

    distribution of negative impacts of resource development. "he negative impacts are  more likely to affect the

     poor sections of a particular community, and are more likely to affect the  minority-group sections of the

    community than the ma&ority-group sections. "hose associated ith  the dominant class avoid or minimie

    these negative impacts because their educational and  occupational attainments allo them to have more

    information in advance of resource development efforts largely because they have initiated or participated in

    every stage of the  decision-making processes. "hey are in a position to reduce negative impacts, or to shift them

    to  other less-poerful sections through the use of political, legal and economic mechanisms easily  available to

    them.2!E  "hose adversely affected by resource development decisions argue that   culture, race, ethnicity, and

    occupation should be considered in development decisions.2!G

    8nterprises that supply energy are operated mostly by males belonging or closely affiliated to   thestate. "hose prominent in energy resource development tend to be hite males like those in   the large

    corporate sector. (hen they exercise their poer to facilitate natural resources development, they assume that

    they perform class-neutral functions that do not have adverse  cultural impacts. "hey ignore development

    impacts that do not directly benefit them, assuming  that resource development brings good for the society as ahole.

    Indeed, the discriminatory intent reuirement in environmental &ustice cases has been   criticied as

    inappropriate because the standard demonstrates a misunderstanding of the causes   and manifestations of racial

    discrimination. 0acism operates on a preconscious level, motivating  individuals to act in a racially

    discriminatory manner ithout being aare of it. Systemic factors   also prevent courts from using the

    discriminatory intent test from detecting racism. *overnmental  decision-making bodies do not alays follo

    articulation and recording procedures. "he notion  that minority participation in decision making processes precludes discrimination has little basis in  fact because these minority representatives may develop racist

    tendencies against their on race, or may be excluded from genuine decision making processes.2!@ 6ost hites

    re&ect traditional  forms of discrimination, and use ostensibly nonracial factors to &ustify any behavior that may

    have a disproportionate impact on non-hites or could be perceived as being racist.2!? 

    234  I! . at E@-GD. :all explains that high group status in the 3nited States depends on hether or not the group is of 8uropean  origins

    these groups possess a virtual monopoly on 4merican social poer. on-8uropean groups are included in the  4merican political

    economy depending on their cultural proximity and instrumental use-value. In short, the closer the  cultural affinity existing beteen

    the state and a group, the more likely it is that the state)s activities ill be in congruence ith their interests.  I! . at G%.

    235  I! . at E%. "he state defines the public interest as +in the interest of the state giving it an incredible veto poer over the   sum of its

     parts. "he exercise of this poer in reality affects its several parts differently.  I! . at EG.

    236  I! . at GG. 4s one author put it, the effect of capitalism on the environment is directly correlated. "he greater the profit rate  and the

    accumulation rate, the greater the rate of depletionJexhaustion hich indirectly leads to a greater rate of pollution.  

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    In addition to innate racism, energy resource planning is also characteried by deference to technocracy

    scientists and engineers are perceived to be experts ho are in the best position to  make important decisions

    for society as a hole. In reality, most technical experts are fettered to  organiational structures that influence or 

    dictate the solutions that are considered.2%D  #n the other   hand, affected communities possess detailedknoledge of the local ecosystems and are aare of  threats posed by haardous aste facilities in their midst,

     but they are often denied access to the  decision-making processes dominated by technocrats orking ithin bureaucratic systems.2%1 

    0ural areas are also more prone to suffer these negative development effects because of   industrial

    decentraliation. Increased industrialiation of rural areas,2%2  is motivated primarily by  the loer +transaction

    costs, in these locations.2%! 

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    environmentally destructive actions.

    The Role of Law

    I argue that because the legal system is also a product of hierarchy, it assists the dominant   class in thedisplacement of people. 4s critical legal scholars point out, legal systems have the   poer to legitimie its acts as

    neutral decisions ordained by society.2'D  It creates a political culture  that persuades people to accept both thelegitimacy and the inevitability of the existing hierarchal   arrangement.2'1 "his is achieved by routing all forms

    of serious social conflict into public settings  that are heavily infused ith ritual and authoritarian symbolism. In

    doing so, it supplants  democratic participation ith authority, and rationalies acuiescence to the state as

     patriotism.2'2  Legal ideology, it is said, reifies the boundaries ithin hich the nature of social conflict is

    defined.2'!  It does not calm people into thinking that the system is ideal, but it prevents  consideration of 

    alternative systems.2'%  :ierarchy forces people to experience each other as   poerless individuals, and this

     poerlessness becomes a source of social repression that leads to  the reproduction of class, race, and gender 

    hierarchies from generation to generation.2'' 

    8nvironmental las have legitimated the pollution of lo-income neighborhoods, and those   ith

    economic poer have used these las to make the poor bear a disproportionate share of   environmental

    haards. 6ost of these las operate under the premise that environmental harm is  caused by individuals actingcontrary to societal norms. *rassroots environmentalists, on the  other hand, claim that normal operations of 

    institutions generate environmental haards.2'E "hus,  here traditional environmental las have focused on the

    control of emissions from potential  polluters, grassroots environmentalists have concentrated on the prevention of 

     pollution.2'G 

    In the environmental &ustice context, resorting to la has been criticied as counterproductive.  Legal

    strategies can be disempoering because it reduces the participants from a community to  one or to individuals,

    and broad societal in&ustice into legally cogniable claims,2'@  hich  transforms community movements into

    another issue reuiring ne las or legal strategies. It is  feared that this process bolsters existing hierarchies

     because it favors legal +expertise over   community action, and dras solutions from people ho are not

    affected by the issue.2'?

    "here is some truth to the notion that community action should prevail over standard legal  action,

     but these are not necessarily mutually exclusive. Legal conflicts can become opportunities  to disable the

    illegitimacy that hierarchies pro&ect. "here are ays of orking in the legal arena  that consistently challenge the

    250 /eter *abel and /aul :arris, uil!ing Power an! rea/ing Images: ritical Legal Theory an! the Practice of Law, 11 08I8( #$

    L4( > S#

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    state)s control over the nature of social reality.2ED

    7avid :ahn-;aker,  Environmentalists an! Environmental $ustice Policy, in 8I0#68"4L F3S"I

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    $rancis 7eng, ho as appointed by the 3.. Secretary-*eneral as the 0epresentative on  Internally

    7isplaced /ersons concluded that internal displacement is sometimes caused by distributional issues that can be

    resolved ithin the state.2E?  "he remedy, he contends, reuires  understanding and addressing the causes of 

    internal conflicts, hich +are often rooted in the uest  for dignity and &ustice.2GD In many cases, conflict is theresult of the politics of identity here  individual and group notions of identity conflict ith the tendency of the

    dominant, hegemonic  groups to impose their identity as the frameork for national identity.

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    advocate a ne form of citien politics based on direct action, participatory

    decision-making, decentralied structures, and opposition to bureaucracy. "hey

    advocate greater attention to the cultural and uality-of-life issues rather than

    material ell-being. "hey advocate greater opportunities to participate in thedecisions affecting one)s life, hether through direct democracy or increased

    reliance on self-help groups and cooperative styles of social organiation. "heyappeal to value- and issue-based cleavages instead of group-based or interest

    group  issues.2@1

    "hey defy the presumption that society has developed impartially.2@2

    "he underclass is made to believe that both the domination of nature and the uprooting of   people

    are necessary for +economic development. I do not suggest that development   displacement is simply the

    subordination and exclusion of the +#ther2@! from political  participation in a democratic arena. In the context of 

    development displacement, the +#ther  stands in direct opposition to the societal imperative of ealth

    accumulation and the subordination  of nature. ieed this ay, the underclass becomes the necessary target of 

    displacement.  0esistance to displacement is a challenge to the elite)s assurance that their sacrifice is necessary

    they uestion the domination of outsiders ho do not acknoledge their identity as a community.  4s one author  put it, rebellion re&ects hierarchy, and reuires that experiential truths be reconciled  ith the dominant class)

     perspectives.2@% 

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     building the communities that give their lives meaning, establishing links ith other 

    communities ith common interests. . . .

    6ore and more people ho are bypassed by the ne orld order are crafting their 

    on strategies for survival and development, and in the process are spinning their on transnational ebs to embrace and connect people across the orld.2@E

    #. Conclusion

    /oor and minority communities are not only more likely to suffer the negative impacts of   pollution

     prevention programs, to be targeted for the siting of unanted land uses, to consume  contaminated foods, or 

    to be excluded from participating in environmental decision-making  processes. "hey are also more likely to

     bear the brunt of state development efforts, and are more likely to be displaced by large-infrastructure pro&ects

    or resource extractive activities. ;ut development efforts that lead to displacement of entire communities have

    not been adeuately  discussed in the environmental &ustice literature. "he trend, rather, has been to discuss the

    tragedy  as a failure of refugee la. It is often addressed as an issue involving only large infrastructures in  "hird

    (orld countries or as a case of flaed planning practices by international financial  institutions. Scholars have

    suggested changes to the existing frameork of international la to   accommodate the needs of those thathave been forcibly displaced. (hile the literature is correct in assessing that the international refugee regime is

    ill-suited to address the issue, the remedies  that have been proposed can do little to prevent development

    displacement and, can at best  mitigate the effects of the dislocation of people.2@G  "hese solutions overlook the

     paramount role of   the state in initiating development displacement and focus only on solutions that can mitigatethe  plight of displaced communities.

    I have also argued that scholars overlook the most basic feature of resistance to development

    displacement N it is an expression of the desire to be recognied as a community N a rebellion  against

    class hegemony. "he proposed solutions to development displacement do not treat these  concerns and ill

    likely fail. "ogether, they emphasie intervention by the international  community and undermine the

    communities) assertion of their identity.

    "he environmental &ustice movement)s attention to community empoerment and action  should also

     be considered as a frameork in addressing development displacement. 6y task here  as not to create a

    formula that ould instantly resolve the problem of development  displacement. 0ather hat I hoped to do

    as to reorient the ay the problem is confronted.  ;ecause modern societies are driven to dominate nature,

    the proper approach ould be to address   the structures that prevent communities from being recognied by

    the state. "he task at hand is  not to augment the state)s role in uprooting peoples, but to recognie and respectcommunities.

    286 0I


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