In case you missed it, here is a link to a video of the "UN Special Rapporteurs' Detroit Water and Housing Press Conference" (entire conference) on 10/20/2014, courtesy of Dr. Jose’ Cuello: UN Special Rapporteurs' Detroit Water and Housing Press Conference.
In addition, here is a link to the "Joint Press Statement by Special Rapporteur on adequate housing as a component of the right to an adequate standard of living and to right to non-discrimination in this context, and Special Rapporteur on the human right to safe drinking water and sanitation Visit to city of Detroit (United States of America) 18-20 October 2014".
Disproportionate effects on vulnerable people and low income African Americans
About 80 percent of the population of Detroit is African American. According to data from 2013, 40.7 percent of Detroit’s population lives below the poverty level, 99 percent of the poor are African American. Twenty percent of the population is living on 800 USD or less per month, while the average monthly water bill is currently 70.67 USD. This is simply unaffordable for thousands of residents, mostly African Americans.
We were deeply disturbed to observe the indignity people have faced and continue to live with in one of the wealthiest countries in the world and in a city that was a symbol of America’s prosperity.
We were also distressed to learn from the low-income African American residents of the impossible choices they are being compelled to make – to either pay their rent or their medical bill, or to pay their water bill.
We were also distressed to learn from the low-income African American residents of the impossible choices they are being compelled to make – to either pay their rent or their medical bill, or to pay their water bill.
It was touching to witness mothers’ courage to strive to keep their children at home, and the support people were providing to each other to live in these unbearable circumstances. And it was heartbreaking to hear of the stigmatization associated with the shut-offs – in particular the public humiliation of having a blue mark imprinted on the sidewalk in front of homes when their water was shut off due to unpaid bills.
In line with the mandates entrusted to us by the Human Rights Council, we would like to underline that the United States is bound by international human rights law and principles, including the right to life as well as the right to non-discrimination with respect to housing, water and sanitation and the highest attainable standard of health. These obligations apply to all levels of Government – federal, state and municipal. Moreover, they also extend to the various functions of State, including the judiciary.
The rights to non-discrimination and equality are core principles of international human rights law. Governments are obliged not only to refrain from discrimination in the design and implementation of laws and policies, but must strive to ensure substantive equality for all. The United States has ratified the United Nations Convention on Elimination of Racial Discrimination which explicitly prohibits and calls for the elimination of racial discrimination in relation to several human rights directly affected by water disconnections, including the right to housing and the right to public health.
In addition, according to the Joint Press Statement by U.N. Special Rapporteurs:
Suggested recommendations:
We suggest that the City of Detroit restore water connections to residents unable to pay and vulnerable groups of people, stop further disconnections of water when residents are unable to pay, and provide them the opportunity to seek assistance that must be made available through social assistance schemes.
We also urge the City of Detroit, the state of Michigan and the national government to adopt a mandatory affordability threshold. In addition to this, specific policies should be adopted to ensure specific support to people who live in poverty.
We suggest that the City of Detroit provide urgent measures, including financial assistance, to ensure access to essential water and sanitation (minimum amount of water necessary for personal and domestic uses, which should be about 100 liters per person per day) and to housing when people are unable, for reasons beyond their control, to cover the costs themselves. In such measures, protection of vulnerable groups of people (those with disabilities, chronic illnesses, with children, etc) must be prioritized.
We recommend that the authorities make an urgent assessment of the public health consequences for the individual, schools and community of the water shut-offs, and take steps to mitigate adverse impacts.
We recommend Governments make every effort to ensure that the most vulnerable, including those who reside in Section.8 housing, are not evicted from or lose their housing as a result of water shut-offs or water bill arrears.
We recommend that the city of Detroit stop converting delinquent water bills to property liens for collection and enforcement through the tax foreclosure process. We further recommend that the Government advertise and make accessible property tax exemption programs for those living in low-income.
In the event that an individual or family is rendered homeless due to water shut-offs, the city of Detroit must have in place emergency services to ensure alternate accommodation with running water is available. Immediate and urgent steps must be taken to find long-term viable housing solutions for these residents.
We recommend that the Federal Government immediately undertake an investigation into the water shut-offs to determine if they are having a disproportionate impact on African Americans and other groups protected against discrimination.
Federal and state agencies with relevant authority should require water and sanitation utilities, as a condition for funding and permits, to collect data and report annually on water shut-offs by age, income level, disability, race, and chronic illness. This information should be made publically available. Any practice that has a discriminatory impact must be addressed and discontinued.
In our view, residents of Detroit should be ensured access to administrative and legal remedies, in particular those who are unable to pay current water bills and/or arrears or who want to challenge the amount of their water bills or the cutting-off of their water supply. These procedures must be made public and accessible, and adequately resourced.