Ajamu Baraka
The Black Commentator, September 15th 2005
In the aftermath of Hurricane Katrina, the debate is already raging on how
to deal with those displaced by the disaster and whether to rebuild New Orleans
and other coastal communities. Competing interests combined with poor planning
and a disjointed response from public and private agencies have created confusion
about priorities, funding and other crucial details. It is imperative that
a human rights and humanitarian law framework be applied to these discussions
and form the basis for all future action.
The United Nations Guiding Principles on Internal Displacement provide just
such a framework. The principles identify the internationally recognized
rights and guarantees of people who have been forcibly displaced from their
homes and communities due to a number of factors, including natural disaster.
According to this set of principles, those who have been displaced from their
homes but not crossed international borders are classified as “internally
displaced persons,” not “refugees” or “evacuees.” This is not a mere question
of semantics, but an essential definition that establishes the obligations
that government has to protect and defend the rights of the Gulf Coast residents
who have been dispersed across the country.
The extent to which various aspects of the recovery should be funded will
be a topic of much debate among policymakers, especially given the federal
deficit and competing economic needs. But the rights of the displaced must
be viewed as a separate and overriding issue. Receiving protection and humanitarian
assistance from government authorities is not an act of benevolence, but
rather is obligatory for displaced people – for the duration of their displacement.
This will be especially important to remember after media coverage of Katrina
has faded, and we must not compound the plight of the displaced by letting
them fend for themselves once the dust has settled. If we accept that it
will take years to rebuild New Orleans, we must also accept that it will
take no less time to rebuild the lives of the displaced from New Orleans
and throughout the Gulf Coast.
One of the most contentious issues that will emerge in the near future is
the fate of the large numbers of people, largely poor and African American
who may want to return to their homes and communities but may not have the
resources to do so. But as the U.N. guidelines clearly state, “Authorities
have the duty and responsibility to assist returned and/or resettled internally
displaced persons to recover, to the extent possible, their property and
possessions which they left behind or were dispossessed of upon their displacement.”
We know that there are powerful forces in New Orleans and elsewhere on the
coast who would prefer that the poor of those communities not be allowed
to return. Low- and middle-income property owners will have particular difficulty
meeting their financial obligations and will require protection from creditors;
speculators are already targeting the most vulnerable and desperate property
owners, offering cash for their holdings at pennies on the dollar. The sharks
are circling, and we must ensure that they are not allowed to feed.
In fact, the problems the displaced will face in the future may well dwarf
what they’ve already been through. Assessing and then meeting the individual
needs of several hundred thousand people scattered in dozens of states will
be a difficult and time-consuming task, the magnitude of which argues strongly
for a coordinated response that must begin now. This might well include a
role for the U.N. High Commission on Refugees, which has considerable experience
with displacement issues, and other international agencies. Regardless of
the mechanism, alternatives to dumping the entire recovery burden on FEMA
or other already-overextended agency must be explored. Without a coordinated
plan that specifically addresses critical long-term issues, the likelihood
will only increase in coming months that the most powerless victims of Katrina
will be left with nothing.
The disproportionate hardships shouldered by poor, mostly minority residents
of the Gulf Coast in the wake of Katrina have been well-documented and acknowledged
by most observers. It is not enough, however, to address this reality merely
by issuing debit cards, formulating more equitable evacuation plans or otherwise
better preparing for future disasters. Rather, as the U.N. principles clearly
state, continued relief efforts must be viewed in the context of providing
meaningful opportunities for the displaced and their families in the months
and years to come. Stories of evacuees airlifted to destinations far from
their families and friends, sometimes against their will, reinforce the importance
of viewing the emergency measures as a temporary, not a permanent, solution.
The idea that evacuees will remain where they’ve been dropped assumes that
they have no other options; providing such options is an essential component
of the government’s obligation according to the U.N. principles.
Missing from the press conferences and official statements has been any commitment
to another of the U.N. principles: that the victims of Hurricane Katrina
have the ability to decide for themselves how to reconstruct their lives.
As the principles state unequivocally, the displaced have an inalienable
right to participate in decisions about their future, and any recovery plan
in Katrina’s aftermath must therefore include substantive input by those
who have the most at stake. This is not a courtesy that can be discarded
if it becomes inconvenient, but an absolute necessity.
It is important to note that the United States has consistently upheld the
U.N. Guiding Principles on Internal Displacement when similar circumstances
have arisen in other countries. If the fundamental rights of displaced people
apply in countries far less able to cope with such disasters as Hurricane
Katrina, they certainly apply here.
Ajamu Baraka is Director of the U.S. Human Rights
Network, a coalition of more than 170 organizations working on the full spectrum
of human rights issues. Formed to promote U.S. adherence to universal human
rights standards by building links between organizations as well as individuals
across the nation, the Network strives towards building a human rights culture
that puts those directly affected by human rights violations in a central
leadership role. The Network also works to connect the U.S. human rights
movement with the broader U.S. social justice movement and human rights movements
around the world. He can be reached at abaraka@ushrnetwork.org.This
article was first published in The Black Comentator at http://www.blackcommentator.com/150/150_cover_baraka_usa_accountable.html