A/HRC/11/36/Add.3 page 23 74. Interlocutors in the Gulf coast, including displaced families, argued that the Federal Government is not fulfilling its obligation to create adequate conditions for the return of the displaced, particularly in terms of housing. Serious concerns were voiced regarding the demolition of public housing and substitution by private development projects. The demolition of public housing in New Orleans was deemed to have a particularly grave impact for the African-American population, which constitutes the vast majority of public housing residents.54 75. Another issue of concern in the reconstruction phase is employment. According to interlocutors, the combination of the surge in unemployment rates after Katrina and the arrival of a large population of migrant workers, particularly of Hispanic origin, both documented and undocumented, have created a vulnerable environment where workers have been exposed to exploitation and substandard conditions of employment. Ethnic tensions emerged in this context between some African-American and Hispanic individuals, particularly in the context of low wages and stiffened competition for jobs. Attempts to instrumentalize and overstate these tensions were also made, particularly by certain local politicians.55 76. Interlocutors also mentioned cases of excessive use of force by law enforcement officials and military personnel in the early days after Katrina; arbitrary detention of persons who attempted to evacuate the city; inadequate treatment of inmates, particularly in the Orleans Parish Prison; and allegations of racially discriminatory results of decisions by the Army Corp of Engineers to increase the height of the levies in predominantly white neighbourhoods. H. Immigration 77. The Special Rapporteur held a number of meetings with migrant workers across the country as well as civil society organizations working with migrant workers. In all of the meetings, migrant workers, particularly those who are undocumented, expressed serious concerns about their vulnerability and dire conditions. 78. The major issue raised was the disappointment with Congress’ failure to approve the comprehensive immigration reform package put forward by the President. Migrant workers expressed the view that the regularization of their status would have represented improved protection and enforcement of their rights. This relates to their serious concern at the lack of legal protection they face, partly a result of the U.S. Supreme Court decision in Hoffman Plastic Compounds, Inc. v. NLRB, in which the Court ruled that the National Labour Relations Board did not have the authority to order that employers award back pay for work not performed to undocumented workers victims of unfair labour practices. This decision is allegedly being used by lower courts in cases that restrict the rights of undocumented workers in other domains, including access to justice.56 54 For data on the reduction of public housing units, see USHRN, Hurricane Katrina: A Response to the 2007 Periodic Report of the United States of America, p. 7. 55 See Advancement Project, And Injustice for All: Workers’ Lives in the Reconstruction of New Orleans. Available at http://www.advancementproject.org/reports/workersreport.pdf, particularly pp. 11-13. 56 For examples of such cases, see ACLU, Race and Ethnicity in America, p. 135.