Social Consequences of Development in a Human Rights Perspective: Lessons from the World Bank

in Human Rights in Development Online
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I This paper is based on the experiences of the author working for the World Bank Group as a staff member or consultant since 1992 on issues related to the social impacts of infrastructural and industrial projects. It is inspired by many stimulating discussions on the principles of managing development-induced impact with colleagues working in the Social Development units of the Bank. Parts of the paper draw upon a draft report prepared by the Chr. Michelsen Institute (CMI) and commissioned by the World Bank (Alf Morten Jerve and Rashid Sumaila, Compensalion jor Loss of Land and Land-based Fixed Assets: Valuation of Replacemen� Cost in Indonesia and India, Draft, Chr. Michelsen Institute, Bergen, April 1997). Special thanks to Hugo Stokke at CMI for advice and assistance in identifying relevant human rights literature.

2 International Committee for Guidelines and Pronciples for SIA (ICGPS), "Guideline and Principles for Social Impact Assessment", Environmental lmpact Assessment Review, No. 15, pp. I I-43, 1995.

3 Chapman, Audrey R., "A 'Violations Approach' for Monitoring the International Covenant on Economic, Social and Cutural Righta", Human Rights Quarterly, 18, 1996, p. 23. ° International Covenant on Economic and Social and Cultural Rights, Article 2(1). 5 Chapman, op.cit, p. 29.

6 Reprinted in Human Rights Quarterly, vol. 9, 1987, pp. 122-35.

7 The quote is from "The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights", Human Rights Quarterly 20 (1998), p.693. 8 Ibid., p.697. 9 Ibid., p.698. UN High Commissioner for Human Rights, Forced evictions. Sub-Commission resolution 199819. Geneva, 20 August 1998.

11 Ibid. 12 UN Economic and Social Council, Commission on Human Rights, The realization of economic, social and cultural rights. Expert seminar on the practice of forced evictions. Geneva, 2 July 1997. " Ibid., p.4

14 UN Economic and Social Council, Commission on Human Rights, Freedom of movement. Human rights and population transfer. Final report of the Special Rapporteur, Mr. Al-Khasawneh, Geneva, 27 June 1997, p.15. The former UN High Commissioner for Human Rights, Mr. Jose Ayala-Lasso, stated on 28 May 1995 that "the right not to be expelled from one's homeland is a fundamental human right". Jbid., p.4. 16 urn Economic and Social Council, Commission on Human Rights, The realization of economic, social and cultural rights. Expert seminar on the practice of forced evictions. Geneva, 2 July 1997, p. 6.

This took place in two rounds. In October 1989 Operation Directive 4.00 was approved. This was revised in 1991 and issued as World Bank, Operational Directive 4.01: Environmental Assessment, Washington, October 1991. World Bank, Operational Directive on Involuntary Resettlement (OD 4.30), June 1990; Operational Directive on Indigenous Peoples (OD 4.20), September 1991; and Management of Cultural Property in Bank-Financed Projects (OPN 11.03). OD 4.30 is currently under revison and will be reissued as a new Operational Policy document in the course of 1999. World Bank, OD 4.01, op.cit., para. 19. 20 World Bank, OD 4.01, ibid., para. 21.

21 See Annex E of OD 4.01, World Bank, October 1991

zz Referring to the title of the book by Catherine Caufield, Masters of Illusion. The World Bank and the poverty of nations, Pan Books: London, 1998. The book is about, according to the author, how "the Bank has survived more than half a century of dramatic global economic and political changes...due largely to its ability to redefine itself. (p. 2). World Bank, The Impact of Environmental Assessment. The World Bank's Experience, Environment Department, Washington, 1996, p. xv. z4 World Bank, Recent Experience With Involuntary Resettlement, Operations Evaluation Department, Washington, 1998, p. 6. 2S Ibid., p.3.

26 World Bank, OD 4.30, op.cit., para 3.

The law was modified in 1995 to recognise persons with documented sharecropping and tenancy contracts. The implementation of this reform, however, is fraught with practical difficulties and outright resistance in the land administration.

She bridge, crossing the Brahmaputra, opened in 1998 and is the largest project ever undertaken in the country. The project was cofinanced by Government of Bangladesh, World Bank, Asian Development Bank and Japan. 29 Data from the survey undertaken by BRAC is presented in M.Q. Zaman, "Development and displacement in Bangladesh", Asian Survey, Vol. 36, No. 7, 1996. 3o Jamuna Multipurpose Bridge Authority, Resettlement: Compensation and Rehabilitation Policy.

31 1. Shihata, The World Bank in a Changing World, Martinus Nijhoff Publishers, London 1991, p. 191.

'z The author is indebted to Rashid Sumaila, Chr. Michelsen Institute, for this perspective on replacement cost.

33 See D. Pearce (1993), The Economics of Involuntary Resettlement. A Report to the World Bank, University College London, for a more elaborate theoretical discussion on this concept in the context of land acquisition.

34 World Bank, OD 4.30, op.cit., para 3. 's World Bank, Operational Manual Statement 2.34, February 1982, para. 4.

36 Taken from Shelton H. Davis, "The World Bank and Indigenous Peoples", paper presented at University of Denver Law School, April 1993, mimeo, Environment Department, World Bank. World Bank, "Indigenous peoples", Operational Directive 4.20, September 1991, para. 3. 38 /6id., para. 6. 39 Shelton, op.cit., p.24.

'° W. Femandes and V. Paranjpye, Rehabilitation Policy and Law in India: A right to livelihood. The Indian Social Institute, New Delhi, 1997, p. 6. the states of Kamataka (1987), Madhya Pradesh (1985), Maharashtra (1976) have policies in the form of state laws, while several other states have issued Government Orders applicable to R&R in specific sectors or projects: Andhra Pradesh, Gujarat, Orissa, Punjab, Rajasthan, Tamil Nadu. The following state corporations have R&R policies: Coal India Ltd., Maharashtra State Electricity Board, and National Thermal Power Corporation.

42 R. Bhengara., "Coal Mining Displacement", Economic and Political Weekly, March 16, 1996.

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