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March 10, 2008

US racial discrimination must be

remedied, UN says
Post-Katrina housing rights violations
also cited
On Friday, March 7, in Geneva, Switzerland, the UN Committee on the Elimination of
Racial Discrimination issued its Concluding Observations charging the U.S. to do
more to remedy the effects of racial discrimination in housing and other areas.
The Observations came after the formal review of the U.S.'s report to the Committee
under the International Convention on the Elimination of All Forms of Racial
Discrimination. This is a required procedure for all signatories to the treaty, which the
U.S. ratified in 1994.
During the oral review, Committee member Dilip Lahiri of India recalled, "When I was
in Chicago, a journalist who visited then-apartheid South Africa came back and said,
'You don't need the South African laws to achieve the [same] segregation, the
discrimination in the United States.' Residential segregation ... is a persistent factor
and while programs have been undertaken, it is obvious that there is a problem and
some sort of a vigorous proactive action needs to be taken to show some progress on
the ground."
As an example of "proactive action" the Committee cited the California Housing
Element Law, which requires cities and counties to plan affordable housing for all
income levels of society, rather than just building luxury condos and McMansions. A
recent amendment to the law requires counties to provide at least one zoning
jurisdiction where homeless shelters can be located by right, ensuring that "Not-In-
My-Back-Yard" opposition does not prevent these most critical housing needs from
being met.
Maria Foscarinis, executive director of the National Law Center on Homelessness &
Poverty (NLCHP), which coordinated a report signed by more than 60 organizations to
the Committee detailing the systemic discrimination against racial minorities in equal
access to adequate housing, welcomed the Observations:
"Racial discrimination, both overt and subtle, is alive and well in America today.
Viewed against international standards — which consider impact, not just intent —
the extent of continuing racial discrimination is staggering. The sub-prime mortgage
crisis, which also disproportionately impacts minority families, is exacerbating the
problem."
The Committee's Observations echo the comments of another treaty review body,
the Human Rights Commission, which in 2006 reviewed the U.S. for compliance with
the International Covenant on Civil and Political Rights, which the U.S. ratified in
1992. That committee noted its concern that while African Americans constitute just
12% of the population, they represent 50 percent of homeless people, and the
government is required to take "adequate and adequately implemented" measures
to remedy this human rights violation.
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Under human rights law, a policy counts as discrimination if the impact is

discriminatory — even if that impact was unintentional. NLCHP points to the lack of
funding for affordable housing and laws that criminalize homelessness as examples
of such discriminatory practices.
"At the federal level, a lack of planning and funding has led to huge housing shortfalls
for low and moderate income Americans; the impact is especially severe for-and falls
disproportionately on-members of racial minorities," said Foscarinis. " At the local
level, instead of working constructively to help homeless people, many communities
have criminalized homelessness. In some cases, such as Los Angeles' Skid Row or the
Minneapolis 'lurking' ordinance, the police target homeless African Americans at
alarmingly disproportionate rates."
Though a step in the right direction, even the Housing Element law is still too weak,
lacking essential enforcement mechanisms, Foscarinis added.
The Committee also criticized the discriminatory violations of housing rights of
African Americans following Hurricane Katrina in New Orleans. This comes on the
heels of a call from two UN experts on housing and minority rights two weeks ago for
an immediate halt to the demolitions of public housing in New Orleans. These
demolitions, along with other reconstruction policies, are preventing African
Americans from returning to the city. The Committee calls for adequate, affordable
housing in Katrina-affected areas, and also for the remedying of housing conditions in
racially segregated areas across the country.
"The current situation points to a fundamental lack of respect for the rights and
needs of poor and minority Americans," said Eric Tars, Human Rights Staff Attorney
at NLCHP, who participated in briefings with the Committee and the U.S. government
delegation. "We are pushing for a new vision, grounded in the American belief of
equal opportunity, that guarantees us all our basic human rights."
"By signing this treaty, the U.S. committed to overcoming the history of
discrimination in this country," Tars continued. "But rather than adequately funding
housing programs which are proven to get people off the streets and back into
productive society, cities, states, and the federal government all continue to try to
sweep the problem under the rug. Today, the Committee gave us some clear steps
we need to take to do a better job, and we intend to hold the government
accountable for its obligations."
The primary cause of homelessness in the United States is a lack of affordable
housing; 13.7 million Americans pay over 50 percent of their income on rent or live in
substandard housing, putting them at high risk for homelessness, UN officials said.