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89. These migrant workers, like their original local counterparts, are finding barriers to safe
employment, fair pay, and affordable housing, and in some cases, experience discrimination and
exploitation amounting to inhuman and degrading treatment. In fact, many workers are homeless
or living in crowded, unsafe and unsanitary conditions, harassed and intimidated by law
enforcement, landlords and employers alike.
90. Migrant workers on the Gulf Coast are experiencing an unprecedented level of
exploitation. They often live and work amid substandard conditions, homelessness, poverty,
environmental toxicity, and the constant threat of police and immigration raids, without any
guarantee of a fair day’s pay. They also face structural barriers that make it impossible to hold
public or private institutions accountable for their mistreatment; most have no political voice.
91. The dramatically increased presence of migrant workers in the region has fuelled local
tensions over language barriers, education and health-care needs in a public services system
strained by Katrina. The low-wage workers rebuilding New Orleans and the Mississippi Gulf
Coast are almost entirely people of African, Asian and Hispanic and/or indigenous descent,
many of whom are recent migrants from Latin America and Asia and many of whom are not
proficient in English. African American residents are often pitted against migrant workers new to
the area, with racial and ethnic tensions between marginalized minority groups in the region
escalating. Moreover, as some internally displaced persons return to the region, concern is rising
that migrant labourers have diminished job prospects for pre-Katrina residents. Day labourers
shared stories with the Special Rapporteur about how they are paid less than promised, or not at
all. They note that they are trying to rebuild a city that welcomed them when the most dangerous
work needed to be done; only to rebuff them as the pace of rebuilding diminishes.
92. The stories of workers across the New Orleans metro area and the Gulf Coast after Katrina
are not simply tales of personal plight. They are also stories about institutional responsibility. In
the days following the hurricane, certain agencies of the federal Government came under fierce
criticism for being slow to act. Yet, in actuality, other parts of the federal Government sprang
into action quite quickly with a range of policy initiatives that were breathtaking in their scope
and impact on workers.
93. The treatment of workers in New Orleans constitutes a national human rights crisis.
Because these workers are typically migrant, displaced, undocumented, or have temporary work
authorization, they have little chance to hold officials and private industry accountable
(e.g., many cannot vote, while displaced New Orleanais continue to experience barriers to
voting). New Orleans is being rebuilt on the backs of underpaid and unpaid workers perpetuating
cycles of poverty that existed pre-Katrina. Hurricane Katrina helped create a situation where
there is no Government or private accountability for the creation and maintenance of these
inequities. Internally displaced voters have no voice back home, and reconstruction workers are
either non-residents or non-citizens. As a result, contractors have free reign to exploit workers,
and the Government has felt little pressure to ensure that migrant workers are protected and able
to access what is needed to meet basic human needs.
94. As noted above, the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural
Rights (ICESCR), and the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families establish workers’ rights to (a) a safe and