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National Economic and Social Rights Initiative: FEMA Hotel Evictions Violate Human Rights

The eviction of thousands of Hurricane Katrina survivors from hotels reveals the need for stronger government policies that afford those displaced by the hurricane basic and decent shelter until they are permanently housed. After a court-ordered extension of the deadline for withdrawing federal support ended on Feb. 13, 2006, hurricane survivors were forced to either leave their temporary homes or pay for the hotel rooms themselves. Some received word of their eviction just three weeks ago. Most of the 8,000 individuals fortunate enough to receive extensions only have until March 1 to find a new place to live.

Under the U.N. Guiding Principles on Internal Displacement, the internationally recognized human rights standards for people displaced within their own country by disaster, authorities are required to “provide internally displaced persons with and ensure safe access to . . . basic shelter and housing.”[i] The United States has taken the position since at least July 2001 that "all states should apply internationally recognized norms with regard to internally displaced persons" and supported the establishment of the Guiding Principles as the “normative standard for international treatment of internal displacement.”[ii] Yet, the federal government has chosen to abdicate its responsibility to meet these standards by ending hotel payments without alternative arrangements only six short months after a disaster of enormous magnitude. These actions will throw those displaced by Katrina into overburdened local shelter systems or into absolute homelessness threatening their health and well-being and separating families.

The Guiding Principles also require that governments ensure the participation of affected communities regarding proposed housing and resettlement arrangements.[iii] As noted by the U.N. Special Representative on Internally Displaced Persons, Walter Kalin, exclusion of displaced communities from relief efforts reinforces the sense of helplessness many experience in the wake of a natural disaster and undermines the effectiveness of the operation.[iv] Engaging in constructive dialogue and consultation with individuals impacted by the hurricane and organizations representing their interests could help to avert the many problems that continue to plague the governmental response.

According to a Federal Emergency Management Agency (FEMA) spokesperson, all but 1,500 survivors whose support ended last week have received trailers or rental assistance. However, the transitional rental assistance provided by the government—less than $800 a month—is not sufficient to secure accommodation in the post-Katrina housing market of New Orleans and the Gulf Coast, much less to pay for stays in hotels. Families who had just started to resume some semblance of normalcy by securing new employment and sending their children to schools are again being uprooted due to the failure to provide sufficient resources to secure adequate housing. The New Orleans Housing Emergency Action Team (NOHEAT), a local community group, explains that “For those lucky enough to have gained access to FEMA's long-term resources, many have been told they must live far from their jobs, far from homes needing repair, and out of reach of their communities.”

Meanwhile, FEMA’s inability to navigate its own bureaucratic requirements has resulted in thousands of desperately needed trailers remaining unused and deteriorating. Survivors are regularly denied assistance due to agency mistakes. Many, already traumatized by the hurricane and its aftermath, are finding themselves homeless and seeking support from the shelter system. Indeed, the government is leaving them with little choice.

As the recent report released by an oversight committee of the House of Representatives reveals, U.S. government inaction at all levels contributed to the magnitude of the disaster and the loss of lives and human suffering that accompanied the hurricanes and the collapse of the levees in New Orleans. Government now must act to provide for basic needs while survivors reconstitute their lives. It is unacceptable for a country with resources as vast as the U.S. to allow the poorest victims to bear the brunt of this disaster. In order to effectively remedy the shortfalls in current housing arrangements, FEMA, in coordination with Housing and Urban Development (HUD), should:

» Declare an immediate moratorium on all hotel evictions until the agencies can ensure survivors receive adequate assistance to secure suitable, safe and stable transitional housing.

» Consult with affected communities to ensure relief and resettlement programs are designed and administered so as to effectively meet their needs.

» Support survivors by developing a transitional and permanent housing plan that will enable resettlement and reintegration.

» Ensure that rental assistance reflects the realities of the current market.

» Provide survivors with sufficient information regarding the appropriate procedures and processes for appeal of agency decisions.

These actions should be adopted immediately. The United States government has both the capacity and the obligation to respond to the needs of internally displaced persons in a manner that that promotes their dignity and well-being.

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[i] U.N. Guiding Principles on Internal Displacement, Principle 18(2) (1998), available at http://www.unhchr.ch/html/menu2/7/b/principles.htm.

[ii] Statement by Ambassador Betty King of the United States of America, to the Economic and Social Council on “Special Economic, Humanitarian and Disaster Relief Assistance: Strengthening the Coordination of the Emergency Humanitarian Assistance of the United Nations” (July 11, 2001), available at http://geneva.usmission.gov/press2001/0711kingecosoc.htm.

[iii] Principle 28(2).

[iv] Walter Kalin, Representative of the United Nations Secretary-General on the Human Rights of Internally Displaced Persons, Protection of Internally Displaced Persons in Situations of Natural Disaster, Background paper, p. 21 (Feb. 2005), available at http://www.brookings.edu/fp/projects/idp/20050227_tsunami.pdf.


For more information, please contact:
Sharda Sekaran
Associate Director
NESRI - National Economic and Social Rights Initiative
666 Broadway, Suite 625
New York, NY 10012
tel: 212-253-1771
fax: 212-253-1711
sharda@nesri.org
http://www.nesri.org

The National Economic and Social Rights Initiative (NESRI) promotes a cultural and political commitment to a human rights vision for the United States that ensures dignity and access to the basic resources needed for human development and civic participation.