A/HRC/56/68/Add.1
places that she could not visit, including Florida and New York City, and among Native
American Indigenous communities. 14 People of African descent, who represent around
13 per cent of the general population, account for 37 per cent of people experiencing
homelessness and more than 50 per cent of homeless families with children, according to
some data. 15 Many unhoused people reportedly suffer from mental health problems and
substance abuse.
26.
State policy often exacerbates homelessness, excludes unhoused persons from public
goods and accommodation and/or acts as a barrier to the protection and promotion of human
rights. Many states with visible, intractable homelessness do not have right-to-shelter laws,
rendering services and shelter initiatives voluntary and piecemeal. Many localities have
passed laws banning and penalizing sitting, lying down, sleeping, using or maintaining
personal property on a street or sidewalk, or in the vicinity of a school, day-care centre, park
or library. The Special Rapporteur is shocked by such laws and policies, which criminalize
homelessness, as well as by initiatives such as the targeting of encampments of unhoused
persons, the banning of the sharing of food with unhoused people, and the disproportionate
application of criminal sanctions for loitering, jaywalking or consuming alcohol among
unhoused persons. Such practices unnecessarily and cruelly contribute to mass incarceration,
obscure the State’s concrete obligation to prevent and address racial discrimination, and
constitute a comprehensive status-based denial of social protection.
27.
Gentrification policies were identified as a key driver of a lack of affordable housing
and homelessness, despite states and municipalities having the ability to mandate affordable
or free housing in communities as robustly as they subsidize and incentivize real estate
developers’ investments. Some zoning laws ban so-called “tiny houses”, impose minimum
size requirements on dwellings, or otherwise prohibit cost-effective initiatives to structurally
target homelessness. The Special Rapporteur also received concerning information about
spatial segregation along racial lines as a legacy of the racist practice of redlining.
28.
Despite severe racially inequitable levels of homelessness, there has reportedly been
a concerning shuttering of government services for unhoused persons, including in
Los Angeles and Atlanta. Significant gaps and weaknesses in available support services
persist, including a reported lack of appropriate services for unhoused lesbian, gay, bisexual,
transgender and intersex persons and unhoused women. The Special Rapporteur received
information about very concerning cases that involved cessation of services because the
service location was desirable to developers.
G.
Environmental racism
29.
The devastating effects of the climate and ecological crises are disproportionately
borne by those who face conditions of systemic inequality and racism, despite having
contributed the least to the ongoing crises. The people affected are disproportionately
concentrated in “sacrifice zones”, including “Cancer Alley”, which the Special Rapporteur
visited in Louisiana. These are regions rendered dangerous and even uninhabitable owing to
environmental degradation. The direct link from historical patterns of racial subjugation
extending back to chattel slavery to state policy disregarding the health and other human
rights of people affected in the relevant policymaking today is clear.
30.
“Cancer Alley” is an area along the Mississippi River, between Baton Rouge and New
Orleans, where many former plantations are located. The area is now inhabited
predominantly by communities of African descent, including communities of descendants of
enslaved people set up intentionally after emancipation. The acquisition of land formerly
used as plantations by corporations and its use for extractive and harmful practices is deeply
racially and culturally insensitive. Corporate activities reportedly take place in areas believed
to be burial sites of those formerly enslaved persons.
14
15
GE.24-08027
National Alliance to End Homelessness, “Homelessness and racial disparities”, available at
https://endhomelessness.org/homelessness-in-america/what-causes-homelessness/inequality/.
Ibid.
7