Shadow Reports

 The U.S. periodically must file reports on its progress toward fulfilling its treaty obligations.  Currently the U.S. has signed and ratified three human rights treaties: the International Convention on the Elimination of all forms of Racial Discrimination, the International Covenant on Civil and Political Rights and the International Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment.  In reporting to the treaty monitoring bodies, the U.S. government often leaves out information or presents a rosy picture of implementation.  Non-governmental organizations draft "shadow reports" to fill in the gaps in the official report and advocate for the Committees to make specific recommendations on remedying violations of the treaties.

In March 2006, NLCHP submitted a shadow report to the Human Rights Committee, which oversees the International Covenant on Civil and Political Rights.  NLCHP attended the hearings before the Committee in July 2006, with over 60 other U.S. social justice organizations.  During the hearings, Panamanian human rights expert Alfredo Castillero Hoyos used information from NLCHP's shadow report, noting that there are over 840,000 homeless in the U.S., and 6.8 million have been homeless at some point in their lives.  He said this often leads to health issues, including death, citing as an example the 21 homeless who died during a heat wave in Arizona last year.  Failing to prevent these deaths is a violation of article 6, the right to life.  Following the hearings, the Committee issued its Concluding Observations, noting its concern that while African Americans constitute just 12% of the population, they represent 50% of the homeless, and the government is required to take "adequate and adequately implemented" measures to remedy this human rights abuse. NLCHP has since used this statement in a number of advocacy letters and litigation.

• Read the U.S. Report to the Human Rights Committee
• Read the NLCHP Shadow Report
• Read the Human Rights Committee's Concluding Observations on the U.S.
• Read the NLCHP Press Release on the Committee's Observations

NLCHP coordinated a shadow report for the International Convention for the Elimination of all forms of Racial Discrimination in December 2007, which was necessary to shed greater light on housing and homelessness issues.  The U.S. had written minimally in their report on the racial disparities in housing after Hurricane Katrina, which has caused nearly a twofold increase in homelessness since the disaster. Together with other national and local advocacy groups, NLCHP helped highlight the hard hit residents.    Left:  Rally in New York during the National Right to Housing Forum 2007.

• Read the U.S. Report      
• Read the Shadow Reports Submitted by NLCHP and other organizations: "A Report to the Committee on the Elimination of Racial Discrimination: Racial Discrimination in Homelessness and Affordable Housing in the United States" and "xxx"
• Read CERD Committee's Concluding Observations
• Read the Miami Herald Op-Ed co-authored with Rep. Alcee Hastings on the CERD Concluding Observations

Below are Observations that are particularly applicable to housing issues and were based on information from NLCHP's shadow reports and oral advocacy with the CERD Committee:

5. Cites positively VAWA reauthorization (fails to specify as we did the housing protections for DV victims, and our additional recommendations for expansion, but this was a based on a suggestion from us)

9. Cites positively California Housing Element which requires planning for housing needs of all (again, fails to note need for improvement, but otherwise direct from our materials)

10. Criticizes US for avoiding definition of racial discrimination that requires remedying laws with discriminatory effect (a cross-cutting concern, but one that we reiterated and is essential for housing issues that fall hardest on racial minorities)

14. Criticizes racial profiling (another cross-cutting concern which we discuss in our report in terms of the disparate effects of the criminalization of homelessness)

16. Criticizes residential segregation and substandard housing conditions with inadequate access to services (unfortunately fails to recommend 1-for-1 replacement and the need for consultation with affected groups, but something folks should use to best advantage)

22. Criticizes lack of indigent defense systems, including recommending civil counsel for cases where basic needs such as housing are at stake (another cross-cutting issue with housing specified directly as a result of our advocacy)

26.  Criticizes incidence of rape and sexual violence and recommends adequately funding prevention and shelters (another cross-cutting issue with housing pieces as a result of our advocacy)

31. Criticizes response to Hurricane Katrina (calls for guaranteeing right to return and access to adequate, affordable housing and consultation of affected groups)