Osgoode Hall Law School of York University Osgoode Digital Commons PhD Dissertations Theses and Dissertations 8-11-2020 Mining Conflict, Indigenous eoplesP and Environmental Justice: The Case of Phulbari Coal Project in Bangladesh Mohammad Mahmudul Hasan Osgoode Hall Law School of York University Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/phd Part of the Law Commons Recommended Citation Hasan, Mohammad Mahmudul, "Mining Conflict, Indigenous Peoples and Environmental Justice: The Case of Phulbari Coal Project in Bangladesh" (2020). PhD Dissertations. 50. https://digitalcommons.osgoode.yorku.ca/phd/50 This Dissertation is brought to you for free and open access by the Theses and Dissertations at Osgoode Digital Commons. It has been accepted for inclusion in PhD Dissertations by an authorized administrator of Osgoode Digital Commons. MINING CONFLICT, INDIGENOUS PEOPLES AND ENVIRONMENTAL JUSTICE: THE CASE OF THE PHULBARI COAL PROJECT IN BANGLADESH MOHAMMAD MAHMUDUL HASAN A DISSERTATION SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY OSGOODE HALL LAW SCHOOL GRADUATE PROGRAM IN LAW YORK UNIVERSITY, TORONTO, ONTARO FEBRUARY 2020 © MOHAMMAD MAHMUDUL HASAN, 2020 ABSTRACT My doctoral dissertation, an in-depth case study of the Phulbari Coal Project in Bangladesh, accentuates the interests and engagements of Indigenous peoples (Adibasi people) in the decision- making process in resource extractive industries through an environmental justice framework. My primary aim is to observe how and to what extent Indigenous peoples’ interests are reflected in official environmental decision-making processes versus how they frame their own claims in a mining conflict situation. I employ extensive qualitative research in the project area to demonstrate how Adibasi communities articulate and implement their claims through raising their voices and ultimately stimulating a movement that stopped the development of a ‘perilous’ open-pit mining project. The resistance movement began more than a decade ago in 2006, but Adibasis, other farming communities and activists are still bearing the spirit of the movement, which they shared in the interviews I conducted. This research analyzes their motivations for fighting a multinational corporation and identifies how their movement articulates with national and transnational activists’ conceptions of environmental justice in the global South. I explore how these ideals play out in practice on the ground, in a context where the development is highly contested, and disparities of power are prevalent. I anticipate that this empirical research will attract other ethnographic research on the environment, Indigenous peoples, resource extractive industries and sustainable economic development in the global South. Keywords: Environmental justice; procedural justice; participatory rights; recognition; Indigenous peoples; Adibasi; multinational corporation; transnational corporation; transnational justice groups; resource extractive industries; EIA; mining conflict; resistance movement; Indigenous environmental justice movement; global South; open-pit coal mine; environmental activists; Phulbari coal project; Bangladesh. ii DEDICATION To my Father Mohammad Hasel Uddin, whose only dream to see me as a Dr. is finally fulfilled & To my Mother Sufia Begum, who is not that educated but her dedication for educating her children was amazing iii ACKNOWLEDGMENT I want to say thank to my supervisor – Professor Dayna Scott, without whom this dissertation could not have finished. My wife and I together had to go through four surgical operations in the last three years which interrupted and delayed my thesis writing. I planned to quit the Ph.D. several times. But, Professor Scott inspired me, motivated me and understood me during my tough time. She said, “this is part of life, and you must overcome the situation.” Thank you, Dayna, for being so supportive and generous. I must thank my supervisory committee members Professor Ruth Buchanan, Professor Saptarishi Bandapadhyay, and Professor Stepan Wood for their support in helping me navigate this academic journey up to this moment. I thank Professor Sonia Lawrence who is always, as a program director, considerate about student’s welfare. Thank you, Professor Pooja Parmar and Professor Gabrielle Slowey for taking the time to read my dissertation and be here for this oral examination. Professor Parmar’s book Indigeneity and Legal Pluralism in India helped me a lot. I acknowledge that Professor Sara Seck from Dalhousie Law School and Professor Zoran Oklopcic from Carleton University help me a lot in shaping and thoughtful inputs. I thank Professor Adrian Smith for his support. I appreciate their continuous support and contributions. Special thanks to MA supervisor Professor Peter Swan, who first inspired me to start a Ph.D. on the current research topic. I will miss staying hours after hours in Osgoode carrel and conversations with colleagues and professors. Every time I saw Professor Obiora Okafor, his smile and little conversations inspired me. Special thanks go to all the people who have helped me shape and realize this project through inspiration and mental support. My friends and colleagues at Osgoode Hall Law School, York University and the Centre for International Governance Innovation (CIGI) were my inspiration to iv stay calm and keep going. This includes Mahnam, Monika, Klodian, Alper, Poland, Justice, Zachary, Ghuna, Christina, Asma, Colleen, Rahina, Maxwell, Sarah, Sana, Samaneh and several CUPE 3903 members/protesters whom I met during the strike. I should thank my other friends who assisted me, guided me, inspired me and understood me. This includes Sajib, Monir vai, Anis, Shimon, Limon, Saquib, Shajib, Etu, Shihab, Peu, Rahat vai, Tahmina, Kakon, Shiuly apa, Khasru vai, Pavel, Riman, Kawser, Asif, Apu, Chamon, Shishir vai, Ucchwas vai, Mahbub vai, Godhuli, Ferdous, Arif, Sumon, Nadimvai, and Shaonli apu. Another person has impacted my life a lot and every time I see him, I cheer myself up. His name is Nael, a three-year-old kid of my friend. I must thank some other people who potentially helped me during my fieldwork. This includes: Professor Samina Lutfa, Professor Anu Muhammad, Professor Swadhin Sen, Professor Farhana Helal Mehtab, Professor Abu Mohammad, Professor Rumana Hashem, Manob, Shahriar, Nuruzzaman vai, Rafiqul vai, Masud vai, Allen, and Cherobin Daktar. Thanks to Clinton Hembrom who agreed to work with me during my fieldwork. I must thank my wife’s grandmother’s whole family who accommodated me at their home before moving to the Santal village. My mother-in-law and father-in-law were the key people to get into the field area and their assistance was amazing. They must be excited to see me finishing this Ph.D. journey. I should thank Aafy and Xami. My whole family- my father, mother, brothers, only sister and brother-in-law, nephews, nieces- have been very much supportive and aware of my Ph.D. journey. They all have been praying for me, especially my father, who told me, ‘I want to see you as a Dr.”. Thank you, ‘Abba’, for relying on me. I must thank two of my brothers who always helped me, guided me and inspired me: Masudvai and Miavai. And, my wife Sunzida Ferdoues Setu was amazing throughout my Ph.D. journey. Regardless of the multi-layers of v obstacles in her life, she was always supportive of me. Thank you for all your support and patience. Thank you very much for sharing the joys and challenges of my long journey with me. I am very grateful to the entire Osgoode Hall Law School staff. Special thanks to Chantel Thompson who always helped me throughout my Ph.D. journey. Thanks, Heather, Nadia and Ammad for their assistance. This research supported by the International Law Research Program (ILRP) at CIGI through its’s graduate scholarship in residence program. I spent two four-month periods at the CIGI office which benefitted me a lot. Working, chatting and discussing with a group of international law scholars has helped me to design and organize my research proposal, methodology, transcribing and synthesizing field data. Thank you, Oonagh Fitzgerald and other ILRP friends and colleagues. I also thank the York Centre for Asian Research (YCAR) for its generous support through fieldwork cost funds. I must thank YCAR’s coordinator Alicia for her wholehearted support. vi LIST OF ABBREVIATION ADB- The Asian Development Bank AIM- Alternative Investment Market BAPA- Bangladesh Paribesh Andolon BAPEX- Bangladesh Petroleum Exploration and Production Company BEN- Bangladesh Environment Network BHP- Broken Hill Proprietary BIC-The Bank Information Centre BMD- Bureau of Mineral Development BNP- Bangladesh Nationalist Party BTMCL- Barapukuria Coal Mine Company Limited CBD- The Convention on Biological Diversity CHT- Chattogram Hill Tracts CONACAMI- National Confederation of Peruvian Communities Affected by Mining DoE- Department of Environment ECA- Environmental Clearance Certificate ECOSOC- Economic and Social Council EIA- Environmental Impact Assessment EJOLT- Environmental Justice Organizations, Liabilities and Trade EPA- The Environmental Protection Agency ESC- Environmental Site Clearance ESIA- Environmental and Social Impact Assessment FAO- Food and Agriculture Organization FPIC- Free, Prior and Informed Consent GCM- Global Coal Management GD- General Diary GDP- Gross Domestic Product GoV- Government of Bangladesh GSB- Geological Survey of Bangladesh