Recommendations

As the documentary evidence collected in this report clearly shows, the treatment of internally displaced persons by all levels of government in the wake of Hurricane Katrina is a matter that requires further investigation, monitoring and action. In particular, the Guiding Principles make clear that federal officials bear primary responsibility for protecting the human rights of IDPs. If the United States is to honor its commitment to the U.N. Guiding Principles, officials in all branches of the federal government are obligated to examine existing disaster law and policy and, where necessary, reform existing policy and formulate new policy to ensure the rights of Katrina’s internally displaced—as well any residents displaced by future disasters—are adequately protected.

The full range of policy issues that must be addressed to ensure the United States adequately protects the human rights of internally displaced persons during and after natural disasters is beyond the scope of this report. However, the experience of Hurricane Katrina does point to a broad set of basic recommendations that must be considered to bring the U.S. government’s treatment of IDPs into alignment with the U.N. Guiding Principles on Internal Displacement:

(1) Recognize Internally Displaced Persons: The U.S. government should acknowledge the legitimacy of the category of internal displacement and assume the responsibilities delineated in the Guiding Principles in its approach to Hurricane Katrina and future natural disasters. This includes:

(A) Officially recognizing those displaced by Hurricane Katrina and future disasters as internally displaced persons; and

(B) Extending the human rights protections afforded to internally displaced persons under the Guiding Principles to displaced Gulf Coast residents and those displaced by future disasters.

(2) Bring U.S. Disaster Law In Line With The U.N. Guiding Principles: The U.S. government should ensure the U.N. Guiding Principles are incorporated into all aspects of domestic disaster law. Specific steps should include:

(A) Amending existing disaster law to formally acknowledge the U.N. Guiding Principles and including their guaranteed human rights protections; and

(B) Establishing a Congressional commission to review the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the statutory authority for most federal disaster response activities, as well as other laws and regulations related to natural disasters to identify where U.S. policy does not conform to the U.N. Guiding Principles and what policy measures are needed to protect the human rights of internally displaced persons.

(3) Protection from Displacement: The tragedy of Hurricane Katrina made clear that the U.S. government should strengthen efforts to protect populations from displacement in order to comply with the U.N. Guiding Principles. In the case of Hurricane Katrina and the Gulf Coast, these measures would include:

(A) Ensuring adequate and sustainable coastal restoration along the U.S. Gulf Coast, which scientists agree is one of the best defenses against future storms for vulnerable coastal populations;

(B) Ensuring the integrity of storm defense systems protecting vulnerable populations, such as the levees that failed in New Orleans and flooded 80 percent of the city; and

(C) Strengthening federal legislative oversight of the U.S. Army Corps of Engineers and other agencies tasked with the maintenance and improvement of storm defenses.

(D) Also, in accordance with the U.N. Guiding Principles, the U.S. government should take action to ensure that residents in other areas of the country that are particularly vulnerable to natural disasters are adequately protected from the threat of displacement.

(4) Protection During Displacement:

The U.S. government should act to ensure that the rights of internally displaced persons are protected during displacement. The experience of Hurricane Katrina has revealed the need to develop and strengthen policy across all agencies involved with internally displaced persons, including:

(A) Ensuring that displaced persons are not deprived of legal protections afforded to others in the country, such as labor laws, environmental protections and the right to due process;

(B) Creating and implementing effective evacuation plans, including provisions for those without transportation, those with special needs, language minorities and prisoners;

(C) Taking needed policy measures to ensure the safety and well-being of vulnerable populations such as women, children, the elderly and people with disabilities;

(D) Protecting the rights and safety of prisoners and others under custody of the state; and

(E) Ensuring that the human rights of immigrants who are displaced are protected, regardless of legal status.

(5) Humanitarian Assistance: The U.S. government should take all necessary steps to ensure that the provision of humanitarian aid following domestic disasters adheres to the U.N. Guiding Principles’ guarantees of impartiality and nondiscrimination. The experience of Hurricane Katrina has underscored the importance of addressing the following issues:

(A) Revising U.S. law to ensure that humanitarian assistance is allocated strictly on the basis of need without the inappropriate interference of partisan politics;

(B) Expanding oversight and management of private companies contracted to conduct relief and rebuilding programs, and acting swiftly to punish unlawful activity by private contractors or the failure to adequately carry out projects designed for the benefit of internally displaced persons;

(C) Formulating a clear policy governing the acceptance of humanitarian aid offered by foreign governments and other international actors to prevent waste and to ensure that available assistance reaches those in need; and

(D) Exercising appropriate oversight of the congressionally chartered American Red Cross to ensure that operational changes made following Hurricane Katrina adequately protect the human rights of those it assists in future disasters.

(6) The Right of Return, Resettlement and Reintegration: The U.S. government must protect the rights of internally displaced persons to return to their places of habitual residence. The U.S. government should actively strive to remove barriers IDPs face to return and resettlement, including:

(A) Developing a comprehensive plan to ensure internally displaced persons can quickly return to safe and affordable housing in the place of their habitual residence;

(B) Protecting the rights of homeowners to due process and from arbitrary loss of property;

(C) Ensuring that the full range of needs for internally displaced persons to return are effectively addressed, including adequate health care, children’s rights to education, and protection from toxic pollution and other public health hazards; and

(D) Maximizing the involvement of displaced persons in decision-making related to resettlement, including ensuring that all meetings and processes are well-publicized, accessible to all displaced populations, and democratic; and that the voting rights of displaced persons are vigorously protected.

(7) Collection and Access to Information: To ensure that these and other policy objectives are effectively implemented, the U.S. government should ensure that it collects all relevant information about the location and needs of internally displaced persons and makes this information available to all appropriate agencies and institutions.