Blog Archives

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

Law Center Spurs Human Rights Breakthrough in Sacramento

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

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.

UN to Sacramento: You’re Violating Human Rights of Homeless People

The Law Center and its local allies have won a big victory 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.

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.

The letter, sent by UN Special Rapporteur Catarina de Albuquerque, cites targeted closings of public restrooms, decommissioning of water fountains, and a lack of other clean water sources as blatant violations.

“The United States, one of the wealthiest countries in the world, must ensure that everyone [has access] to sanitation which is safe, hygienic, and secure […] and which provides privacy and ensures dignity,” Albuquerque wrote.

She notes that the short-term solution is to ensure access to clean restrooms and drinking water, including during the night, but that ensuring adequate housing for homeless persons must be the long-term goal.

“The UN has delivered a powerful message: the U.S. doesn’t get a free pass on its human rights violations.  Sacramento must take immediate steps to address the needs of its homeless population,” said Eric Tars, our human rights program director.  “Access to water and sanitary facilities is one of the most fundamental of human rights – essential to everyone’s health, dignity, and continued life.”

Albuquerque visited Sacramento in February 2011, as part of a fact-finding mission organized by the Law Center and Sacramento-based Safe Ground and Legal Services of Northern California.  She heard direct testimony from homeless campers, who are forced to rely on makeshift privy systems to deal with privacy and human waste issues.

“Nobody wants to have to go to the bathroom outdoors,” Safe Ground member and homeless camper Tim Buckley said.  “Imagine your mother in this situation.  Wouldn’t you want her to access water and sanitation?”

In a report issued to the United Nations Human Rights Council, Albuquerque states that failure to provide homeless persons access to water and sanitary facilities “could […] amount to cruel, inhumane, or degrading treatment.”

“No government should use access to life-sustaining services as a weapon to stigmatize and discourage the behavior of homeless people.  We intend to hold Sacramento accountable to human rights standards,” Tars said.

To read our press release, click here.

To read the full letter to Mayor Johnson, click here.

To read the UN’s report, click here.

When There’s No Alternative (Part II)

My father immigrated to this country as a refugee following World War II, believing, as many did, and continue to do, that the awful conditions he experienced in refugee camps would be left behind in the Old World. The poem on the Statue of Liberty that welcomed my father and countless others to the U.S. reads, “Give me your poor, your huddled masses yearning to breathe free… Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door.”

In last week’s posting, I talked about another international visitor to our shores, the UN Independent Expert on the Human Right to Water and Sanitation, Ms. Catarina de Albuquerque, who was conducting a mission to the U.S., and going to visit a tent city in Sacramento, CA. The testimony she heard there, put together by our partners at Legal Services of Northern California and Safe Ground was compelling, and the Independent Expert was moved to strong words in discussing it in her preliminary report, issued on Friday:

As a part of the mission, I examined the situation of the homeless with regard to access to water and sanitation. Up to 3.5 million people experience homelessness in the United States every year. In some U.S. cities, homelessness is being increasingly criminalized. Local statutes prohibiting public urination and defecation, while facially constitutional are often discriminatory in their effects. Such discrimination often occurs because such statutes are enforced against homeless individuals, who often have no access to public restrooms and are given no alternatives.

In Sacramento, California I visited a community of homeless people. I met Tim, who called himself the “sanitation technician” for this community. He engineered a sanitation system that consists of a seat with a two-layered plastic bag underneath. Every week Tim collects the bags full of human waste, which vary in weight between 130 to 230 pounds, and hauls them on his bicycle a few miles to a local public restroom. Once a toilet becomes available, he empties the bags’ contents; packs the plastic bags with leftover residue inside a third plastic bag; ties it securely and disposes of them in the garbage; and then he sanitizes his hands with water and lemon. Tim has said that even though this job is difficult, he does it for the community, especially the women. The fact that Tim is left to do this is unacceptable, an affront to human dignity and a violation of human rights that may amount to cruel, inhuman or degrading treatment. An immediate, interim solution is to ensure access to restrooms facilities in public places, including during the night.

That these conditions persist in 2011, right here in our backyard, in camps like those visited by the Independent Expert, belies our ideal of an America lying beyond that “golden door” and should shame us. Our governments not only condone the existence of these conditions but, rather than doing something constructive to alleviate the problem, criminalize those who have no choice but to live with their dignity impaired. This should move every American to demand better.

-Eric Tars, Human Rights Program Director

Photo credit: Ludovic Bertron

When There’s No Alternative: Rights to Water & Sanitation

What’s something we do each day, but rarely think about, let alone discuss in public?

Going to the bathroom.

But when you’re homeless or poor, what most people take for granted can be a huge challenge, even a life-altering decision.

Forces beyond homeless persons’ control, such as lack of affordable housing and emergency shelter, compel them to live and take care of their basic human needs in public. When performed inside, these acts are unquestionably legal.  But cities are punishing homeless persons for the very same life-sustaining actions when they are forced to perform them in public spaces.

William Shumate, a 60 year-old veteran living in St. Petersburg, Florida, typifies the problems faced by many homeless persons. William has diabetes, which makes it difficult to control his urination, especially overnight when bathroom facilities are closed. St. Petersburg has local ordinances that prohibit public urination and defecation, but make no allowance for situations when public bathrooms are unavailable. On November 1, 2007, William was sleeping near City Hall when he woke up around 1:00 am with an uncontrollable need to urinate. Police followed him as he went around the side of the building, and arrested him.  William was sentenced to one day in jail and a fine of $300. Read more »