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Press
coverage on EJS petition
Background
Information:
click on photos to download
high-resolution photo ZIPs

Bio
of Varenise Ross, Hurricane Victim, Resident of New Orleans, Superdome
Evacuee

Bio
of June Washington, Hurricane Victim, Resident of New Orleans,
Superdome Evacuee
Bio
of Eva Paterson, President, Equal Justice Society
Bio
of Charles Ogletree, Professor of Law, Harvard Law School
Bio
of John Bonifaz, Constitutional lawyer and civil rights expert
Media
Contacts:
Keith Kamisugi
Assoc. Director of Communications
kkamisugi@equaljusticesociety.org
415-876-0589
(media calls only please)
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Update
Jan. 10, 2006: United Nations Human Rights Committee
Receives List of Concerns from EJS and 36 Other Civil Rights
Organizations
On
January 9, 2006 EJS joined 36 other U.S. civil society organizations
and 16 individuals (PDF
of list) in submitting a collaborative memo to the United
Nations Human Rights Committee in response to the U.S. Second
and Third Periodic Report to the Committee. The memo (PDF)
details a number of human rights concerns, including the
failure of the United States "to guarantee equal and
effective protection against racial discrimination in the
context of disaster rescue, relief and reconstruction efforts"
in the aftermath of Hurricane Katrina in violation of Article
26 (Equal Protection) of the International Covenant on Civil
and Political Rights (ICCPR). (See page 38 in the US
NGO Submission document) Signatories to the memo urge
the Committee to consider this and other issues in drafting
its list of concerns for the U.S. government.
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Update
Jan. 6, 2006: UN Office of the High Commissioner
for Human Rights Responds to EJS Petition
In
a letter dated December 5, 2005, Walter Kälin, Representative
of the Secretary-General on the Human Rights of Internally
Displaced Persons, acknowledged EJS's petition, saying:
"Like you, I have also recognised that natural disasters
can give rise to ... numerous human rights issues that require
particular attention, including with respect to vulnerable
groups."
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Update
Dec. 13, 2005: Class action lawsuit prompts judge
to stop FEMA from forcing Katrina victims out of hotels
U.S.
District Judge Stanwood R. Duval, Jr. on Monday extended
the January deadline for hurricane evacuees to remain in
hotel rooms across the country. The ruling allows those
displaced by Hurricanes Katrina and Rita to remain in hotels
until February 7 or two weeks after they receive a notice
regarding their application for assistance.
The
Monday ruling was in response to a class action lawsuit
filed in November by the Lawyers' Committee for Civil Rights
along with the New York law firm of Schulte Roth & Zabel
LLP; John Pierre, Attorney and Professor at Southern University
Law Center; the Public Interest Law Project; and the Equal
Justice Society.
"Katrina
showed us that the most vulnerable communities - who are
already victims of racial and economic inequality - will
likely be the ones to suffer most," said Eva Paterson,
president of EJS. "Had FEMA been allowed to cut off
support for the almost 100,000 hurricane victims, it would
have been another sad example of how this disaster is less
about rain and wind than it is about race and class."
Read
more
Download
a PDF of the judge's ruling
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Update
Dec. 6, 2005: EJS Submits Petition to U.N. High Commissioner
on Human Rights and Other International Agencies
When
drafting its petition to the United States government, the
Equal Justice Society realized that the pressure of international
agencies would be necessary to hold President George W.
Bush and his appointees accountable for their egregious
actions and decisions prior to and in the wake of Hurricane
Katrina. Therefore, EJS submitted the petition to the U.N.
High Commissioner on Human Rights and sent copies to the
Commission on Human Rights, the Human Rights Committee,
the Committee on the Elimination of Racial Discrimination,
and the Special Rapporteurs on Internal Displaced Persons,
Racism and the Right to Adequate Housing. EJS has received
an enthusiastic response from those who have read the petition,
particularly from international Non-Governmental Organizations
(NGOs). EJS is currently coordinating with other agencies
to incorporate the petition into a Shadow Report which will
be submitted in Spring 2006.
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Demands,
Questions on
Government's Response
First Amendment Right Questions
Race, Relief for Victims of Katrina
Downloads:
Press Release |
Full Petition |
Audio of Briefing (9.4mb wav) |
Transcript
You can also listen to the audio briefing with this player
SAN FRANCISCO (November 17, 2005) The Equal Justice Society
(EJS), a national civil rights organization based in San Francisco,
today issued a petition to the federal government calling for
"bold action" in the wake of the nation's worst hurricane.
The 14-point demands include a call to President Bush to reorder
national priorities and restore funding to federal agencies responsible
for fortifying the nation and administering relief programs. The
petition also asks whether the race of the predominantly black
victims was a major factor in the government's sluggish response
to the widespread and unprecedented suffering.
Seizing
on the First Amendment right to petition the government, the document
was delivered today to the White House, congressional leadership,
the secretary of the Department of Homeland Security and the acting
director of FEMA. The petition was also presented to several United
Nations agencies including the Commission on Human Rights and
the office of three Special Rapporteurs on Racism, Internal Displaced
Persons, and the Right to Adequate Housing.
"We
petition
to take action to rectify the injustices that
have resulted from our government's willful disregard for human
suffering and ensure that such injustice will never again occur,"
the document declares.
Drawing on recent polling data, EJS calls attention to the racial
gulf in public opinion, pointing to the more than 76 percent of
black Americans who think FEMA would have rescued hurricane victims
more quickly had they been wealthy and white - while fewer than
25 percent of white respondents share that view. However, on the
issue of government responsibility, there is undisputed common
ground among people of all races that the federal government has
a responsibility to protect and support its people in times of
disaster.
In
its petition, EJS contends that there are really two tragedies:
first, the natural disaster of Hurricanes Katrina and Rita, and
secondly, the man-made disaster of FEMA's agonizingly slow and
disorganized response, which amplified the hurricanes' devastation.
By effect or design, the U.S. government's "willful neglect"
left thousands of predominantly minority and low-income victims
stranded for days longer than they should have been, EJS points
out.
"The
federal government's performance in the wake of Hurricane Katrina
constitutes one of the great racial justice tragedies of our time.
The class and color lines drawn by this disaster are undeniable,"
the petition states.
EJS
is also co-counsel in a lawsuit filed last week against FEMA seeking
housing and other assistance for Katrina victims. The class action
suit, the first filed against FEMA in relation to its response
to Katrina, maintains that the agency violated and continues to
violate federal law by failing to meet its obligations as the
federal agency chartered to care for victims of natural disasters.
No
one in this country should have to depend on voluntary agencies
or the goodwill of private citizens. We have a right to expect
that government will be the primary source of relief for its people,
whether black, Latino, Asian or poor. The petition contends that
the response to Katrina offered a chilling forecast of the plight
that will likely face the poor and people of color anywhere in
the country when disaster strikes - from an earthquake, a hurricane
or a terrorist attack.
"If
an earthquake occurred in San Francisco, where our offices are
headquartered, what communities would be most affected?"
asked EJS President Eva Paterson. "Katrina showed us that
the most vulnerable communities - who are already victims of racial
and economic inequality - will likely be the ones to suffer most."
In the days following Hurricane Katrina, she added, "we wondered
whether we are all just one economic, man-made, or natural disaster
away from similar fates."
EJS
points out that this concern is of particular relevance in places
like California with its many immigrant communities - especially
poor communities of color. "It has become clear that this
disaster is less about rain and wind than it is about race and
class," said Paterson.
The
EJS petition also requests that the United Nations intervene on
behalf of Katrina victims. The UN's Convention for the Elimination
of All Forms of Racial Discrimination requires all governments
to refrain from practices that harm people of color; yet the world
witnessed how the federal government's lack of preparation resulted
in the unnecessary deaths of hundreds of people of color and the
displacement of nearly a million more. EJS has reason to believe
that the U.S. government will not investigate whether racial bias
played a role in this disaster, and therefore it is requesting
the UN conduct its own independent inquiry.
Petition
Demands
To
the President:
· Cease his continuing disregard for, and willingness to
sacrifice, the economic and physical well-being of the American
people - especially poor people of color - in pursuing his agenda
to weaken our federal government; and
·
Reorder national priorities to restore funding to federal agencies
responsible for fortifying the nation and administering relief
programs to mitigate the human suffering experienced by our entire
nation, including poor people of color, due to economic, manmade,
and natural disasters.
To
Congress:
· Establish a $100 million fund to provide legal services
for victims of natural disasters to rectify the administration's
insensitivity and abandonment of poor communities of color;
·
Establish a "Katrina Victims Fund" to rectify past and
present discrimination and help rebuild lives;
·
Hold congressional hearings to study the role of race and poverty
in FEMA disaster response;
·
Insist that Katrina's victims have a right to return and a right
to funds with which to rebuild their homes and their lives; ensure
that FEMA develops a plan to make their return possible;
·
Ensure that special provisions are made for the care of sick and
elderly in times of disaster; and
·
Audit FEMA and implement necessary measures to prevent further
and future injustices.
To
the Department of Homeland Security and the Federal Emergency
Management Agency:
·
Fully explain to victims all of the assistance available to them
and the conditions that must be met to become or remain eligible
for relief;
·
Ensure that all disaster plans include special provisions to meet
the needs of the sick and elderly;
·
Prepare for the public a report of actions taken to locate and
return displaced victims;
·
Fully exercise its powers to coordinate and direct comprehensive
rebuilding of affordable housing; and
·
Require, as a condition of receipt of federal funding, that state
and local agencies and other federal contactors immediately plan
for providing non-discriminatory, affordable housing opportunities,
including the right to return, for displaced victims.
To
the United Nations:
· Pursuant to the principles of the United Nations Charter,
initiate an investigation into the United States government for
its willful violations of human rights, committed in violation
of the International Bill of Human Rights and other U.S. treaty
obligations. The findings of the investigation should be publicized
to the people and nations of the world, and the United States
government must be held accountable.
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