Blog Archives

Criminalization of homelessness – local impact, global issue

As the economic crisis continues at the bottom end of the income spectrum, the past week has brought two victories worth noting, from the most humble of tent encampments to the marble halls of the U.N.’s Palais Wilson in Geneva.

Tent City in Lakewood, NJ

First, our colleagues at the New Jersey Coalition for the Homeless have won a tremendous court victory for those living in Tent City, Lakewood, New Jersey. After fighting the city and county’s efforts to evict them for several years, and pushing, through counter-motions, an alternative vision of the law that says the state was violating their human right to housing (helped, in small part, by assistance from the Law Center), the homeless residents of Tent City have come to a settlement with the city that states, among other things, that  (1) all of Tent City’s current residents may not be ejected by Lakewood unless and until those residents are first offered a plan that provides for (and actually provides) safe and adequate housing for at least a full year; (2) requires Lakewood to dismiss all of the charges that it filed in municipal court and elsewhere about supposed “code violations” in Tent City; and (3) requires the city to provide basic municipal services such as trash removal for the residents until they depart. As Jeffery Wild, lead attorney for the homeless residents said,

“No one can be forced out of where they are now unless they are offered safe and adequate housing indoors. That’s all we ever wanted. We’re not here to defend Tent Cities; no one should have to live in the woods. This is about the right of everyone to have housing.”

Personalized tent city homes in Lakewood, NJ

Second, at the international level, the U.N. Human Rights Committee has requested information from the U.S. government about the criminalization of homelessness in the U.S. Last year, the US Interagency Council on Homelessness issued a report stating that criminalization of homelessness potentially violated the International Covenant on Civil and Political Rights, which the Human Rights Committee oversees. The U.S is in the middle of reporting to the Committee on our compliance with the Covenant, and the Committee put forth its List of Issues, specifying issues which it feels warrant additional discussion before the U.S. engages in an oral hearing this October. Thanks to our own report, put forth in coordination with a broad group of homeless advocates, criminalization of homelessness was for the first time included in that list, confirming our and the U.S. government’s own interpretation that criminalization raises concerns not just under domestic law, but under our international human rights obligations. The Committee will issue further conclusions and recommendations following the U.S. government hearing in October.

Jeff and his legal team have demonstrated the concrete impact that human rights advocacy has at the local level, while we continue to build global standards to further assist in ensuring all people enjoy their basic human rights. While there are more battles to be fought, we celebrate the victories of this past week, and look forward to the day when we no longer need to fight criminalization of homelessness, because everyone has a safe place to call home.

Looking Back: A Milestone Year for Homeless Advocacy

The year 2012 was an important milestone for the Law Center, as we marked the 25th anniversary of the McKinney-Vento Act—the first federal legislation to address homelessness—for which our founder and executive director was a primary advocate.  But while great progress has been made since McKinney-Vento’s passage, there is still much to be done.  That’s why we used the occasion to renew our commitment to finish what we started and end homelessness in America.

The year began with exciting achievements in our civil rights and human rights programs.  In February, after observing Sacramento denying sanitation and safe drinking water to homeless residents during a visit organized by the Law Center, the UN Special Rapporteur on Water and Sanitation wrote an unprecedented letter to Mayor Kevin Johnson, calling the City’s actions a blatant violation of human rights.  This sent a powerful message that the U.S. is accountable to its international treaty obligations and generated strong media coverage, which reinforced the human rights implications, helping to change the political playing field and empowering marginalized homeless advocates.

In April, the U.S. Interagency Council on Homelessness and Department of Justice released a report that condemns the criminalization of homelessness, drawing heavily on publications from the Law Center.

Read more »

Homelessness & Human Rights Day

December 10 is Human Rights Day, a global day of recognition of the basic rights that are fundamental to all human beings.  At the Law Center, we’re taking the opportunity to update our report card on U.S. compliance with the human right to housing for 2012. While there are some bright spots, I’m sorry to say that overall the grades are poor. We have much work yet to do, and I hope we can count on your support going forward.

Safe, decent, affordable housing is a basic human right, recognized globally and defined with specificity in international law. But while the U.S. was a leader in establishing and championing international human rights law and institutions over 60 years ago, and continues to speak out as a leader on the global stage, unfortunately here at home our words do not match our reality. Read more »

Domestic Violence a Leading Cause of Homelessness for Women and Youth

October is Domestic Violence Awareness month, and it’s an important occasion for anyone concerned about homelessness.  As we note below, domestic violence is a leading cause of homelessness—for women, in particular, as well as unaccompanied youth.  For many, the only choice may be between continued abuse and fleeing their home.  For those who lack the resources to secure alternate housing, the result may be homelessness—and further violence.

In the absence of sufficient safe, affordable housing or stable shelter, many survivors join other homeless people living in public places. There, they face increased exposure to violence, as indicated by the shocking number of crimes committed against them.   For homeless women, rape is disturbingly prevalent.

Life without safe housing presents other dangers, too, for both women and men.  Without a street address, it is difficult to maintain a legal identity, making it challenging or impossible to access vital resources such as health care.  Read more »

First Read: Homeless Bill of Rights, Job Training for Homeless Vets, More

Rhode Island’s Homeless Bill of Rights

Mother Jones has today’s first word on the civil rights of homeless people. Thanks to the combined efforts of the Law Center and the Rhode Island Coalition for the Homeless, Governor Lincoln Chafee is expected to sign the Homeless Bill of Rights into law today. With cities across the country addressing homelessness and poverty by making them a crime, Rhode Island is sending a clear signal that there’s a better way forward.

To read the full article, click here.

Homeless Encampment Near Ann Arbor Clears Out

In contrast to the good news in Rhode Island, we have sad news for the residents of a homeless encampment near a highway just outside Ann Arbor. The state plans to put up an 8-foot-tall chain-link fence to block them from returning, and to cite anyone remaining at the camp for trespassing starting Friday. This is another in a long line of examples of cities wanting to push the homeless population out of sight instead of addressing their needs.

To read the full article from WWMT Grand Rapids, click here.

Labor Department to Provide Job Training to Almost 9,000 Homeless Veterans

The Washington Post has a bit of good news.  We all know that the rate of homelessness among veterans is disturbing and unacceptable. That’s why the announcement from the U.S. Department of Labor that it was appropriating $15 million to provide job training to 8,600 veterans was so heartening. But it’s important not to be satisfied with this investment, which is a drop in the bucket compared to what’s needed for homeless veterans and their families.

To read the full article, click here.

Homeless Remembrance Finds a Home in Seattle

The Homeless Remembrance Project, comprised of homeless women, faith community leaders, designers, artists, and homeless service providers has worked to make sure the lives of King County’s deceased homeless citizens are properly honored. After a decade-long fight with the local government, they’re finally being allowed to move forward with their plans to engrave the names of homeless persons who have passed away on the sidewalk, and to erect a “Tree of Life” that will stand as a monument to those our society has marginalized.

To read the full article from Crosscut, click here.

Equity, Prosperity, and the American Identity

“People need to live somewhere, and in the absence of other shelter, that will be in public,” said Maria Foscarinis, speaking Monday on a panel discussing the inequities of access to housing and urban poverty. The founder and executive director of the National Law Center on Homelessness and Poverty spoke on the second of a series of panels leading up to the 6th Annual World Urban Forum in September.

The June 18th panel, entitled, “Equity and Prosperity: Distribution of Wealth and Opportunities,” opened with the moderator posing the question of why policymakers should be concerned with equality in the first place. Read more »

April Showers Bring May Flowers

As the early spring’s plantings start to blossom in my yard, I’ve also been appreciating that the seeds for the human right to housing, some planted years ago, have also started to bloom.

In early April, the U.S. Interagency Council on Homelessness and Department of Justice issued a groundbreaking report condemning the growing trend toward criminalizing homelessness, warning that such policies “undermine real solutions” and may violate the constitutional and human rights of homeless people, including U.S. treaty obligations under the International Covenant on Civil and Political Rights and the Convention Against Torture.

This is the first time a domestic policy report has referenced our international treaty obligations, let alone saying our domestic policies might actually violate them!

We planted this seed in 2009 when our advocacy secured passage of the HEARTH Act, a requirement of which was to produce a report on criminalization.  We nurtured this by hosting numerous representatives of the Interagency Council and the Justice Department at our National Forums on the Human Right to Housing, as well as meeting with them through the Universal Periodic Review and in consultations with UN experts to discuss housing and homelessness in a human rights context.  We’re seeing a formal analysis of human rights treaties blossom as part of the government’s domestic policy discussion.

Last week, three UN human rights experts on extreme poverty, housing, and water and sanitation welcomed this domestic recognition of human rights.  “This report,” a press statement said, “could generate a tangible difference in the lives of hundreds of thousands homeless Americans.  By identifying viable and effective alternative practices and policies, it will not only assist the US Government in complying with its international human rights obligations, but also in addressing the root causes of homelessness.”

Evidence of where future blossoms may sprout comes from my trip to Eugene, Oregon, toward the end of April.  While there, at the invitation of the Eugene Human Rights Commission, I met with many local service providers, homeless persons, and advocates, as well as the mayor, city manager, three city councilors, and numerous other city staff, to discuss implementing the human right to housing at the local level.

As Eugene worked earlier this year to disperse the OCCUPY Eugene encampment, activists demanded a process to address the needs of homeless persons in the camp who had no home to go to.  They subsequently developed the Opportunity Eugene Task Force, a 58-member dialogue which produced a series of recommendations, including a recognition of the human right to housing in Eugene.  The mayor and city council are currently considering the recommendations.

So far as I’m aware, my meeting is the first time high-level city officials have sat down for two full hours to discuss the human rights implications of homelessness.  While the city has many challenges in working to implement the full recommendations of the Task Force, some are more immediately achievable, such as examining the city’s laws to ensure their enforcement does not criminalize homelessness and produce the counter-productive effects cited in the Interagency Council’s report.  Others, like creating a safe ground for homeless persons to camp without harassment and with necessary water and sanitation services, may serve as an interim step to full enjoyment of the right to housing.

There’s still much more work to be done before we can fully enjoy the fruits of our labor, with every American enjoying their basic human right to housing.  But seeing these initial blossoms inspires me to keep on cultivating, with the knowledge that those fruits are on their way.

- Eric Tars, Human Rights Program Director

Time to Finish the Job

When I first came to Washington DC to organize a campaign for a federal response to homelessness, I never dreamt that, decades later, I’d still be fighting to end homelessness.

In 1986, when I started going to Capitol Hill to persuade Congress to take action, the response was often: “we’d like to help – good for you for taking this on – but we have an election coming up and homeless people don’t vote. Sorry.” And these were our “friends.”

But we persisted, working with a coalition of organizations and many grassroots groups from across the country. And in July 1987, we had a big victory: the first major federal law addressing homelessness – now known as the McKinney-Vento Act – was passed.

Now, 25 years later, the Act has grown and it’s accomplished much good. But the job remains unfinished. McKinney-Vento was always intended to be just a first step (it was to be followed by additional federal aid, mainly funding for permanent housing) to really end and prevent homelessness.

Now the need is again growing exponentially, just as it was in the early and mid-1980s. That’s why we’ve launched a new campaign to end and prevent homelessness. The “All-In to End Homelessness” campaign reminds us that our goal is a home for all – and that it will take all of us to win it.

We’ll also be reminding political candidates this election season that homelessness remains a crisis in their communities and in America broadly, and calling on them to commit to actions to end and prevent it. We’ll be challenging laws that prevent homeless people from voting.  Stay tuned in the coming months, also, as we work with a coalition of national advocates to develop a framework local groups can use and adapt for their own advocacy.

Please join us by taking the All-in Pledge today!

- Maria Foscarinis, Executive Director

Law Center Spurs Human Rights Breakthrough in Sacramento

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The Law Center and its local allies have achieved an important milestone on behalf of homeless campers in Sacramento.

For well over a year, campers have been forced to transport bags full of waste on a bicycle to a public restroom miles away from their tent city.  But in an unprecedented letter to Mayor Kevin Johnson, the United Nations has delivered a clear message: by not providing sanitation and safe drinking water, the city is violating the human rights of homeless persons. Read more »

Sacramento’s Homeless People Being Heard Loud and Clear

We hope you’ve been following  our work to protect the human rights of Sacramento’s homeless people.   A UN expert wrote a letter last week warning Mayor Kevin Johnson that the city’s systematic elimination of bathrooms and clean water sources near homeless encampments may constitute “cruel, inhumane, and degrading treatment” under international law.

Here’s some footage from our partner Safe Ground Sacramento’s press conference:

Tim Buckley describes his experience as “sanitation engineer”

The media has caught on.  There’s been a lot of coverage of the work we’re doing with Safe Ground Sacramento to restore human rights.

Make sure you listen to our own Eric Tars tonight on “Which Way, LA?” with Waren Olney on KCRW. The broadcast starts at 10:00 EST (7:00 PST).  You can listen live here.

Here’s a break-down of some of the other coverage this past week.

Sacramento Bee:

U.N. investigator urges Sacramento to provide water, sanitation for homeless

Read it here.

The Sun Herald and Kansas City Star both reprinted the Bee’s story.

Sacramento Press:

United Nations Warns Kevin Johnson of possible human rights violations

Read it here.

They followed up again yesterday:

Mayor Discusses Human Rights of the Homeless

Read it here.

KCRA Sacramento:

They led off their broadcast with a story on the UN’s letter.

Watch it here.

A follow-up story:

Watch it here.

Capital Public Radio:

Insight: Sacramento’s Human Rights Violations

Listen here.

They followed up with a segment on Mayor Johnson’s response:

Listen here.