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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