Monday, October 25, 2010

MARCH TODAY: SUPPORT THE UNITED NATIONS

Local U.N. group celebrates

with parade, rally


by Pat Arnold

Today is the 65th birthday of the United Nations. Men and women, with a vision of world peace, gathered in 1945 in San Francisco, following World War II, to call an end to war between nations. The goal was negotiation, not bullets; reconciliation, not threats.

Oct. 24 was the birth date. Today, the Santa Cruz United Nations Association will celebrate the event with the U.N. Day Parade on Pacific Avenue starting at 10:30 a.m.

It has been many years since we have had a parade, but this year it is a benefit for the Millennium Development Goals and the U.N.'s timeline to end world poverty by 2015.

There are eight goals:

Eradicate extreme hunger and poverty

Achieve universal primary education

Improve gender equality and women empowerment

Reduce child mortality

Improve maternal health

Combat HIV, malaria and tuberculosis

Ensure environment susceptibility

Create a global partnership for development

The 59th session of the United Nations met in September of this year to review the progress of the Millenium Declaration Group, originally begun five years ago by the Assembly body of the U.N. The goal to be achieved by 2015 includes a blueprint of courageous plans to reduce poverty worldwide, increase literacy and create jobs.

Although progress has been slow, Secretary-General Ban Ki-moon urged the members of the United Nations to find the will to achieve the Millenium goals because the "weak, the vulnerable and the insecure citizens of this world look to the organization for help and for protection. Let us not disappoint them."

Following the parade, which starts on Cathcart Street, there will be a rally at Abbey Square by the Museum of Art and History. Speakers include Patrick Clark, community volunteer coordinator and vice president of the Santa Cruz chapter; John E. Hope, chapter co-president and former State Department representative to UNICEF; and June Gorman, a lifelong educator and educational theorist who teaches in Santa Cruz County public schools and serves as the nationwide education chairwoman of UNA-USA. The event is free.

The U.N. chapter office is at 903 Pacific Ave., across from the bus depot. Hours are 11 a.m. to 5 p.m. daily. For information, call 426-3101.


Pat Arnold is a member of the Santa Cruz United Nations Association.

Linda's Hearth note: I like being a member of the local UNA support group, but in past two years, haven't been able to afford the very reasonable annual dues. Too bad. Maybe I cna at least make this parade?

Wednesday, October 13, 2010

PRE-EMPTIVE STRIKE AGAINST DEMOCACY! Police Prevent Green Guv Candidate Wells from Listening to RepubliCrats

Laura Wells Blocked from Listening to Governor-Candidate Debate, Apprehended, Despite Her Admission Ticket

Laura Wells, toward right margin, in Green shirt, and her aid, being
blocked from the Governor Candidate Debate Tuesday evening.


by Carla Marinucci for SFGate
October 12, 2010

The big Whitman-Brown California gubernatorial debate at Dominican College in San Rafael already has plenty of drama going -- protesters from the California Nurses Association and other groups here in force. And Laura Wells, the Green Party candidate for governor, was arrested just minutes ago and put into a patrol car.

Marnie Glickman, the spokeswoman for Wells, said that the two had tickets to the debate and were entering Angelico Hall, when they were pulled aside by authorities. She said that they were told that they could not enter because of her status as a gubernatorial candidate.

Comrade Garofoli notes that "of course, this being the Bay Area, this isn't the first time that a Green Party candidate got arrested outside a major office debate. In 2000, the Green nominee for U.S. Senate — soon-to-be Code Pink co-founder Medea Benjamin — was arrested outside the studios of KRON-TV where Republican Tom Campbell and Democrat Dianne Feinstein were debating."

We're trying to get comment from Dominican officials, and we'll update.

Meantime, stay tuned here for regular debate updates and coverage.


Posted By: Carla Marinucci (Email, Twitter) | October 12 2010 at 05:53 PM

Linda's Hearth note: Go to SFGate, San Francisco Chronicle's Shaky Hand Productions, to see the video clip of Well's campaign ally, Marnie Glickman, who reported on this arrest.

U.N.: "...over 100 million homeless people and over 1 billion people worldwide inadequately housed."

THE RIGHT TO HOUSING --
A Legal Study about Housing Policy

Linda's Hearth
note: This study comes from the Human Rights Education Association, a website functioning for the United Nations. brought to us thanks to John Colby and HUFF.

Introduction

Everyone shares the right to a decent standard of living. Essential to the achievement of this standard and therefore to the fulfillment of human life beyond simple survival is access to adequate housing. Housing fulfills physical needs by providing security and shelter from weather and climate. It fulfills psychological needs by providing a sense of personal space and privacy. It fulfills social needs by providing a gathering area and communal space for the human family, the basic unit of society. In many societies, it also fulfills economic needs by functioning as a center for commercial production.

The human right to adequate housing is the right of every woman, man, youth and child to acquire and sustain a secure home and community in which to live in peace and dignity. The right to housing is codified as a human right in the Universal Declaration of Human Rights:

"Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control." (article 25(1))

Population growth, migration to urban areas, conflicting needs for existing land, and insufficient financial and natural resources have resulted in widespread homelessness and habitation in inadequate housing. In every country children, men and women sleep on sidewalks, under bridges, in cars, subway stations, and public parks, live in ghettos and slums, or "squat" in buildings other people have abandoned. The United Nations estimates that there are over 100 million homeless people and over 1 billion people worldwide inadequately housed.

These statistics are evidence for the difficulty governments have in guaranteeing access to housing for their citizens, but they also raise complicated questions about the extent of the obligations of governments to do so. The fact of shelter as a human need does not imply that governments must provide each one of their citizens with land, four walls and a roof. Controversy can therefore emerge over exactly what governments should do to help people exercise their rights and obtain housing. Government action is usually country-specific, and is dependent on a variety of economic, cultural, and social factors. In some cases, increasing access to education or to the labor market is the best way to ensure the right to housing, because the realizations of those rights mostly lead to greater access to housing. In other cases, it is necessary for governments to provide physical shelter directly to people. But regardless of past government action, in all countries there exist people who, because of personal issues such as physical or emotion incapacity, environmental issues such as natural disasters or famine, or social issues such as war or political instability, are unable to obtain housing for themselves. In those situations, governments are obligated to help make housing accessible. Governments are obligated to function as fair and stable systems through which their citizens can achieve the satisfaction of their rights, and to provide the means for the realization of the right to a decent standard of living which their citizens may utilize through their own free initiative.


Rights at Stake

The right to housing is included in several international legally-binding documents. Among the most significant of these is the International Covenant on Economic, Social, and Cultural Rights (article 11.1), which determines that

"The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions."

In order to clarify the meaning and scope of the right to housing as expressed in the Covenant, in 1991 the Committee on Economic, Social, and Cultural Rights (CESCR), the body that monitors the International Covenant on Economic, Social and Cultural Rights, issued its General Comment 4.

The right to adequate housing applies to everyone. The phrase "himself and his family" does not refer to any limitation in the right to housing to individuals, female-headed households, or other groups. Furthermore, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, group or other affiliation or status, and enjoyment of this right must not be subject to any form of discrimination. (paragraph 6)

The right to housing should be interpreted in a broad and inclusive sense as the right to live in "security, peace and dignity" rather than a narrow or restrictive sense. The right to housing is inextricably linked to other fundamental human rights and should been seen as referring to not only housing by adequate housing (paragraph 7). The right to adequate housing must be viewed in conjunction with other human rights included in the two International Covenants and other international instruments (paragraph 9).

While the definition of "adequacy" with regard to housing is influenced by social, economic, cultural, climatic, ecological, and other factors, certain aspects of the right are applicable in any context. These are:

Legal security of tenure. Security of tenure means that all people in any living arrangement possess a degree of security against forced eviction, harassment, or other threats. States are obliged to confer this security legally.

Availability of services, materials, facilities and infrastructure. To ensure the health, security, comfort, and nutrition of its occupants, an adequate house should have sustainable access to natural and common resources, safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services.

Affordability. Affordable housing is housing for which the associated financial costs are at a level that does not threaten other basic needs. States should take steps to ensure that housing costs are proportionate to overall income levels, establish subsidies for those unable to acquire affordable housing, and protect tenants against unreasonable rent levels or increases. In societies where housing is built chiefly out of natural materials, states should help ensure the availability of those materials.

Habitability. Habitable housing provides the occupants with adequate space, physical security, shelter from weather, and protection from threats to health like structural hazards and disease.

Accessibility. Adequate housing must be accessible to those entitled to it. This includes all disadvantaged groups of society, who may have special housing needs that require extra consideration.

Location. The location of adequate housing, whether urban or rural, must permit access to employment opportunities, health care, schools, child care and other social facilities. To protect the right to health of the occupants, housing must also be separated from polluted sites or pollution sources.

Cultural adequacy. The way housing is built, the materials used, and the policies supporting these must facilitate cultural expression and housing diversity. The development and modernization of housing in general should maintain the cultural dimensions of housing while still ensuring modern technological facilities, among other things (paragraph 8).

The Commission on Human Settlements' Global Strategy for Shelter to the Year 2000 (1998) provides another definition of adequacy:

"Adequate shelter means ... adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost."

The additional human rights referred to in the CESCR's General Comment 4 are rights without the enjoyment of which the fulfillment of the right to housing is threatened or impossible. They include:

- the principle of non-discrimination;
- the right to freedom of expression;
- the right to freedom of association (such as for tenants and other community-based groups);
- the right to freedom of residence (and the right to freedom of movement);
- the right to participate in public decision-making;
- the right to security of person (in the case of forced or arbitrary evictions or other forms of harassment);
- the right not to be subjected to arbitrary or unlawful interference with one's privacy, family, home or correspondence.

In addition, the right to housing provides a foundation that increases the likelihood of the achievement of other human rights. For example:

- the right to family;
- the right to participate in government;
- the right to work;
- the right to rest and leisure;
- the right to food and water;
- the right to the highest attainable level of physical and mental health;
- the right to education;
- the right to participate in the cultural life of the community.


Key assistance agencies

United Nations Human Settlements Programme (UN-Habitat)
The United Nations Human Settlements Programme, UN-Habitat, was instituted in 1978 after a world summit in Vancouver, known as Habitat I, for the purpose of coordinating United Nations activities related to housing and human settlements. A second conference in 1996, Habitat II, produced the Habitat Agenda, which directs UN-Habitat's promotion of socially and environmentally sustainable towns and cities with the goal of providing adequate shelter for all. In 2002 the UN General Assembly gthened the agency's mandate and elevated its status to a full-fledged program of the UN system. In this role UN-Habitat partners with governments, local authorities, and non-governmental organizations. The strategic vision of UN-Habitat has five main components: knowledge management and reporting; advocacy of norms for sustainable urbanization and urban poverty reduction; technical cooperation in linking these norms to urban poverty reduction activities in the field; innovative financing for urbanization and specific shelter needs of the urban poor; and strategic partnerships. UN-Habitat's achieves this vision through two major campaigns: the Global Campaign on Urban Governance and the Global Campaign for Secure Tenure. Under these campaigns, UN-Habitat operates or supports a wide range of programmes related to housing, from international programmes such as the Cities Alliance to local organizational capacity-building in specific countries.

Fundamental to the fulfillment of UN-Habitat's mandate is the monitoring of global conditions in the shelter sector and the assessment of progress in implementing the Habitat Agenda. Monitoring is accomplished though the agency's Statistics Programme, Urban Indicator Programme, and Best Practices Programme. Together, these programmes regularly document the housing situation at international, regional, national, and local levels. They are assisted in this process by Governments who submit reports every two years to the United Nations Commission on Human Settlements based on indicators developed by Habitat. Governments include information about the availability, quantity, quality, and affordability of housing in their countries, as well as action taken and progress made towards the fulfillment of the Habitat Agenda and other international agreements and commitments. Additionally, UN-Habitat tracks the advancement of the Millennium Declaration Goal No. 7, Target 11, to improve the lives of at least 100 million slum dwellers by the year 2020 taking into account the percentage of people with access to sanitation, the percentage of people with access to safe water, the percentage of people with secure tenure, and the percentage of people in permanent housing.

United Nations Housing Rights Programme (UNHRP)
Launched in 2001 as a joint initiative by UN-Habitat and the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations Housing Rights Programme works to help states to follow through on the commitments made in the Habitat Agenda to guarantee the realization of the right to adequate housing. The UNHRP has five focus areas, all of which aim to promote understanding and awareness of housing rights and build on the ongoing activities in the area of housing rights of its two founding United nations agencies. These focus areas are: 1) advocacy, outreach, and learning from partners; 2) support for United Nations human rights mechanisms on housing rights; 3) monitoring and evaluation of the progress of the realization of housing rights; 4) research and analysis on housing rights; and 5) capacity-building and technical cooperation.

International Union of Tenants (IUT)
The International Union of Tenants is an NGO that seeks to represent, safeguard, and promote the interests of tenants. Founded in 1926 in Zurich (Switzerland), IUT now has 48 member organizations in 42 countries, 30 of which are in Europe. IUT's priorities include the realization of the right to housing in a safe residential environment for affordable and fair rent; cooperation between tenants and the realization of their rights to participate and organize; the elimination of discrimination with regard to housing; and the spread of secure tenure. It furthers these objectives through its consultative status with the United Nations Economic and Social Council, partnerships with UN agencies, the European Union, and NGOs, and information dissemination through its website, the Global Tenant.

Centre on Housing Rights and Evictions (COHRE)
The Centre on Housing Rights and Evictions is an international NGO that works to promote and protect the right to housing through its programme areas involving housing rights training, research and publications, monitoring, preventing and documenting forced evictions, fact-finding missions, housing and property restitution, women's housing rights, and active participation and advocacy within the United Nations and regional human rights bodies. On a national and local level, COHRE assists other NGOs and government agencies in their own capacity-building, giving particular focus to the satisfaction of the housing rights of traditionally disadvantaged groups. COHRE maintains regional programs in the Asia and Pacific region, in Africa and in the Americas.

International and Regional Instruments for Protection and Promotion

International legal instruments take the form of a treaty (also called agreement, convention, or protocol) that binds the contracting states to the negotiated terms. When negotiations are completed, the text of a treaty is established as authentic and definitive and is "signed" by the representatives of states. A state can agree to be bound to a treaty in various ways. The most common are ratification or accession. A new treaty is ratified by those states that have negotiated the instrument. A state that has not participated in the negotiations may, at a later stage, accede to the treaty. The treaty enters into force, or becomes valid, when a pre-determined number of states have ratified or acceded to the treaty.

When a state ratifies or accedes to a treaty, that state may make reservations to one or more articles of the treaty, unless reservations are prohibited by the treaty. Reservations may normally be withdrawn at any time. In some countries, international treaties take precedence over national law; in others a specific law may be required to give a ratified international treaty the force of a national law. Practically all states that have ratified or acceded to an international treaty must issue decrees, change existing laws, or introduce new legislation in order for the treaty to be fully effective on the national territory.

The binding treaties can be used to force governments to respect the treaty provisions that are relevant for the human right to adequate food and water. The non-binding instruments, such as declarations and resolutions, can be used in relevant situations to embarrass governments by negative public exposure; governments who care about their international image may consequently adapt their policies.

The following are the international treaties, declarations and commitments that address the human right to adequate food and water:

UNITED NATIONS

Universal Declaration of Human Rights (1948) (article 1, 2, 25)
The Universal Declaration asserts the fundamental equality and dignity of each human being in its first article. Its second article, known as the principle of non-discrimination, means in the context of the right to housing that every individual and group in society has the same entitlement to housing, regardless of gender, age, race, ethnicity, religion, political or other opinion, national or social origin, property, etc. This article especially supports the equality with regard to housing of traditionally disadvantaged groups, such as racial minorities and women. Additionally, in article 25(1), the Universal Declaration also states the right of each person to an adequate standard of living. This standard includes the right to housing.

International Covenant on Economic, Social and Cultural Rights (1966) (article 2,3, 11)
The International Covenant compels all contracting states to takes steps towards the full realization of the listed economic, social, and cultural rights. It also affirms the equal right of men and women to enjoy these rights, specifically stating the right to an adequate standard of living, including housing.

The United Nations Committee on Economic Social and Cultural Rights (CESCR) has elaborated on the rights contained in the International Covenant in documents known as General Comments. In general, the content of the general comments reflects a movement toward an interpretation of the right to housing with a broader and deeper reach. The most significant General Comments are::

General Comment No. 4 (1991)
This General Comment expands on the provisions of article 11(1), and includes a holistic conception of the right to housing and more specific standards for the definition of adequacy.

General Comment 7 (1997)
This General Comment addresses the issue of forced evictions; it defines the term, provides clarification of the terms of the Covenant for determining the circumstances under which forced evictions are permissible, and spells out the types of protection required to ensure respect for the relevant provisions of the Covenant.

The right to housing is also cross-referenced in other General Comments by the Committee. For example:

General Comment 5 (1994) (paragraphs 15, 22 and 33)
Addressing the rights of persons with disabilities, this General Comment refers to the effects of disability-based discrimination on housing (paragraph 15). It is necessary to ensure that persons with disabilities have access to adequate food, accessible housing and other basic material needs (paragraph 22), as well as support services to assist those people in increasing their independence in daily life and exercising their rights (paragraph 33).

General Comment 6 (1995) (paragraph 33)
This General Comment on the economic, social and cultural rights of older persons recalls the International Plan on Ageing's emphasis on the psychological and social importance of housing for the elderly in addition to its physical significance as shelter (paragraph 33).

General Comment 14 (2000) (paragraphs 11 and 43)
This General Comment concerns the right to the highest standard of health and emphasizes the interdependence of this right and other human rights. The right to health includes not only sufficient and timely health care, but also underlying determinants of health, such as access to safe and potable water, adequate sanitation, an adequate supply of safe food, nutrition and housing, and healthy occupational and environmental conditions (paragraph 11). It follows that state obligations relating to the right to health include ensuring access to basic shelter, housing and sanitation and an adequate supply of drinking water (paragraph 43).

The following documents also contribute to international and regional standards for the right to housing:

International Labour Organization Convention No. 97 on Migration for Employment (1949) (article 6iii)
The International Labour Organization (ILO) is a United Nations specialized agency that articulates international labour standards in the form of binding Conventions and non-binding Recommendations. This convention guarantees the equal treatment of lawful immigrants to a member state and that state’s own nationals with regard to accommodation. In total, some 37 ILO conventions and recommendations mention in one respect or another, the subject of housing.

Convention Relating to the Status of Refugees (1951) (article 21)
This convention requires ratifying states to accord refugees treatment as favourable as possible, and not less favourable than that accorded to aliens generally in the same circumstances, with regard to housing.

Convention on the Elimination of All Forms of Racial Discrimination (1965) (article 5e)
This convention compels States to prohibit and eliminate racial discrimination in all forms and ensure the right of everyone to equality before the law, notably in the enjoyment of economic, social and cultural rights, including the right to housing.

Declaration on the Rights of Disabled Persons (1975) (article 9)
This declaration asserts the right of disabled persons to live with their families or with foster parents, subjected to no unnecessary differential treatment or living conditions.

ILO Recommendation No. 162 concerning Older Workers (1980) (section II, paragraph 5(g))
This recommendation states that older workers must enjoy equality of opportunity and treatment with other workers without age discrimination, including access to housing, social services and health institutions, particularly when this access is related to occupational activity or employment.

Convention on the Elimination of All Forms of Discrimination against Women (1979) (article 14)
This convention guarantees the right of rural women to adequate living conditions, particularly housing.

Declaration on the Right to Development (1986) (article 8.1)
This declaration urged states to undertake necessary measures at the national level for the realization of the right to development and ensure equality of opportunity with regard to access to social resources and other needs, including housing.

Convention on the Rights of the Child (1989) (article 27)
This convention requires governments to take appropriate measures to assist parents and others responsible for the child to implement the right to an adequate standard of living, particularly with regard to housing

International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990) (article 43)
The right of migrant workers to access to housing, including social housing systems, and to protection against exploitation with respect to rents is guaranteed in this convention.

United Nations Draft Declaration on the Rights of Indigenous Peoples (1994) (article 22)
Though not yet adopted, this declaration mentions housing rights three times. Indigenous peoples have the right to special measures for improvement of their economic and social conditions, including in the area of housing. Indigenous peoples also have the right to determine, plan and administer housing and other programmes affecting them. Similarly, indigenous peoples also have the right to autonomy in matters relating to their own internal and local affairs, including housing, as well as ways and means for financing those affairs.

Governments has made international commitments specific to the right to housing, yet which are non-binding:

ILO Recommendation No. 115 on Worker’s Housing (1961)
This recommendation is the longest international legal text concerning housing, and states that national housing policy should aim to ensure that adequate housing is available for all workers and their families, with a degree of priority given to those with most urgent needs.

Vancouver Declaration on Human Settlements (1976) (section I (8))
This declaration was the outcome of the first United Nations Conference on Human Settlements (Habitat I), which concerned the organization of human settlements and the national and international actions needed to accommodate the population growth in both urban and rural communities. The Conference established the concept of human settlements as consisting of several elements that had been previously considered separately from one another - housing, building, planning and the relationship of these and such other activities as environmental change and national and international development. The declaration describes the obligations of governments with regard to housing, especially those relating to the creation of socially and racially integrated communities.

Beijing Declaration and Platform for Action of the Fourth World Conference on Women (1995) (articles 49, 60(n), 94, and 255(k))
This comprehensive declaration on the advancement of the rights of women includes a description of poverty as a particular barrier to the realization of human rights, mentioning specifically homelessness and inadequate housing (article 49). In its strategic objectives, the platform includes actions to be taken by governments to ensure access to housing (article 60(n)), and good health (article 94), as well as actions to be taken by non-governmental organizations and the private sector (article 255(k)).

Copenhagen Declaration on Social Development and Programme of Action (1995) (articles 19, 34(c), 34(e), 35(b), 39(h), 59(b))
This outcome of the World Summit for Social Development includes ten commitments made by the signing states expressing their goals of eradicating poverty and promoting social development. The right to housing is addressed specifically in the Programme of Action. Chapter 2: Eradication of Poverty articulates a basis for action against poverty (article 19) and suggests ways to address urban poverty, mentioning housing programs in articles 34(c) and (e). Articles in this chapter also describe actions governments should take to raise public awareness about housing needs (article 35(b)) and highlight the need to improve the social condition of single parents by providing housing and child care support (article 39(h)). In Chapter 3 of the Programme of Action, which concerns the reduction of unemployment, improvements in housing are cited as measures conducive to improving the employability of disadvantaged groups (article 59(b)).

Habitat Agenda and Plan of Action (1996)
This document is an outcome of the second United Nations Conference on Human Settlements (Habitat II), a “City Summit” whose stated purpose was to address the themes of adequate shelter for all and sustainable human settlements in an urbanizing world. The global action plan reconfirms the legal status of the human right to adequate housing and in this context sets out over 100 commitments and 600 recommendations for cooperation and unified action toward the realization of the right to housing.

Istanbul Declaration on Human Settlements (1996)
This declaration expresses the commitments of governments at the Habitat II conference to the objectives, principles, and recommendations of the Habitat Agenda.

Declaration on Cities and Other Human Settlements in the New Millennium (2001)
This declaration, adopted at a special session of the General Assembly, reviewed the Istanbul Declaration on Human Settlements and the Habitat Agenda set out in 1996, and prescribed new initiatives for meeting the commitments of those documents. In the spirit of the United Nations Millennium Declaration, it also endorsed the specific Millennium Declaration target of making a significant improvement in the lives of 100 million slum dwellers by 2020.

The position of the UN Special Rapporteur on Adequate Housing was established in 2000 by the United Nations Commission on Human Rights resolution 2000/9 and mandated to report on the status of the realization of housing rights, promote cooperation among and assistance to governments, UN agencies, and international and national NGOs, apply a gender perspective, identify possible types and sources of funding for housing activities, and facilitate the inclusion of housing issues in relevant UN missions and national offices. In addition to briefing the sessions of various United Nations agencies and bodies on specific issues and regions, the Special Rapporteur reports annually to the United Nations Commission on Human Rights on progress made, emerging issues and challenges, and recommendation for future activities. Appointed in 2000 for a term of three years, the first and current Special Rapporteur is Miloon Kothari of India.

AFRICAN UNION (FORMERLY ORGANIZATION OF AFRICAN UNITY, OAU)

Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (2000) (article 16)
This treaty explicitly describes women’s right to equal access to housing and acceptable living conditions.

COUNCIL OF EUROPE

European Social Charter (1961) (Part I: article 31; Part II: articles 15(3), 16, 19(4)(b), 23, 30, 31)
Part I of the Charter lists its policy aims of promoting the conditions conducive to human rights, including the right to housing (article 31). Part II lists the obligations the states agree to be bound by. Article 31 compels states to promote access to housing of an adequate standard, to prevent and reduce homelessness with a view to its gradual elimination, and to make the price of housing accessible to those without adequate resources. The obligations of states concerning the realization of the right to housing are also referenced in related articles concerning other rights. According to article 15(3), states must ensure the right of persons with disabilities to independence, social integration and community participation by enabling access to housing. States must promote the satisfaction of the right of the family to social, legal and economic protection through the provision of family housing (article 16). They must guarantee this and other rights to migrant workers and their families, who are entitled to comparable treatment with respect to accommodation (article 19(4)(b)), and to the elderly (article 23). Additionally, states are obliged to offer particular housing assistance to persons who live or risk living in situations of poverty or social exclusion (article 30).

European Convention on Establishment (1965) (article 2)
Under this convention, each contracting state guarantees to nationals of the other contracting states the facilitation of prolonged or permanent residence in its territory.

European Convention on the Legal Status of Migrant Workers (1977) (articles 6(1), 13)
Contracting states are obliged to provide appropriate information to prospective migrant workers on, among other things, their residence, housing, and living conditions. Once employed, migrant workers are entitled to access to housing equivalent to the access enjoyed by the nationals of the state in which they are working, and national authorities must undertake inspections to ensure this condition (article 13). Before migrant workers set out to return home, their states of origin shall communicate to the receiving state information on the conditions of their resettlement and steps to be taken to facilitate the finding of accommodation.

ORGANIZATION OF AMERICAN STATES (OAS)

Charter of the Organization of American States (1948) (article 34k)
The Organization of American States is a multilateral political organization made up of independent countries from North, Central, and South America. Its Charter expresses the agreement of the member states on basic goals for equality of opportunity, elimination of extreme poverty, equitable distribution of wealth and income and the full participation of their peoples in decisions relating to their own development. Among the conditions for the achievement of these goals is adequate housing for all sectors of the population.

ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE (OSCE)

Helsinki Final Act (1975)
In this treaty governments agree to cooperate to ensure that migrant workers enjoy satisfactory living conditions, especially housing conditions.

National Protection and Service Agencies

Although most states do not stipulate a clear right to housing, most do have legislation and national programs related to housing. In fact, UN-Habitat reports that 75% of the world’s countries have constitutions or national laws that promote the full and progressive realization of the right to adequate housing. Legal protections of the right to housing at the national level often involve arbitrary eviction, safety and health regulations, or equal protection and non-discrimination issues. In the United States, for example, Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988; Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, as amended, Section 109, Title I of the Housing and Community Development Act of 1974, as amended; the Americans with Disabilities Act of 1990; and the Age Discrimination Act of 1975, as amended, all address housing. The U.S. Department of Housing and Urban Development (HUD) is charged with carrying out programmes to institute this legislation. The activities of its Office of Fair housing and Equal Opportunity (FHEO) involve the fulfillment of the right to access to housing in practice, but are not framed in a rights-based context by the U.S. Government.

The International Covenant on Economic, Social and Cultural Rights requires States to submit reports to the United Nations Committee on Economic, Social and Cultural Rights every five years detailing the measures they have taken to promote the realization of the right to housing of their citizens. Through these reports the Committee is able to monitor the progress of the right to housing. This monitoring function is impeded, however, by the fact that few States systematically collect the housing statistics and indicators necessary for a full appraisal, including the number of homeless persons, the number of inadequately housed persons, the number of persons arbitrarily evicted in the previous five-year period, legislation affecting the right to housing and land use, and measures taken to ensure that international assistance for housing is used to satisfy the needs of the most disadvantaged groups. In some cases, the State does not have the capacity to obtain this information; in others, the State chooses to devote its resources to other issues.

States, specialized UN agencies, and NGOs may raise specific issues related to the right to housing in several United Nations forums, and States may raise concerns about housing rights situation in another State if they feel the State is not fulfilling its legal obligations and commitments. To date, violations of housing rights have generally been limited to the context of forced evictions carried out or tolerated by the State. In the future, however, a general decline in housing conditions as a direct result of legislative and policy decisions by States parties to international conventions and in the absence of appropriate compensation will be considered a violation of those conventions. States committing these violations would therefore be subject to disciplinary or retributive measure by the United Nations. While the International Covenant on Economic, Social and Cultural Rights outlines no formal mechanisms by which individuals can submit complaints alleging the non-compliance of their Governments with their housing rights commitments, individuals may work with NGOs at the annual sessions of the Committee on Economic, Social and Cultural Rights to draw attention to the actions and legislation of States parties to the Covenant. In addition, individuals asserting certain types of housing violations could arguably utilize the complaint mechanisms of the International Convention on the Elimination of All Forms of Racial Discrimination, the Optional Protocol to the Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the Economic and Social Council resolution 1503 procedure and the enforcement mechanisms of the International Labour Organization.

Individuals who wish to promote and protect their right to housing through their own Governments achieve varying degrees of success depending on their country of residence. International and regional treaties that specifically address the right to housing are widely ratified, but few states specify this right in their own constitutions and laws. Only since the 1990’s has a rights-based perspective of access to adequate housing become widely articulated. The Constitution of the Republic of South Africa (1996) is a notable illustration of this new perspective, as it explicitly guarantees the right to adequate housing and compels the state to take reasonable steps to achieve its progressive realization. It also prohibits the practice of forced eviction.

In many countries housing policy is oriented around securing the affordability of housing, which is an issue for both potential homeowners and renters. According to UN-Habitat’s State of the World’s Cities (2001), households in cities of developing countries need an average of 12.5 times their annual income to buy a house. The highest rents exist in the Middle East, where a household spends an average of 45% of its monthly income on rent. The creation of affordable housing generally involves Governments subsidizing the cost of building new housing, stabilizing rent, or offering loans or credit at a low-interest rate. Eligibility for public or subsidized housing is usually determined by a low income, and demand is especially high in urban areas.

Citizens who feel the satisfaction of their right to housing is in jeopardy may pursue a variety of legal and non-legal strategies to assert their rights. Legal strategies include legal appeals to prevent planned evictions or demolitions through court-ordered injunctions, legal procedures to obtain compensation following an illegal eviction, complaints against illegal actions carried out by landlords in relation to rent levels, maintenance, or discrimination, allegations of discrimination in the allocation or availability of housing, complaints about unhealthy or inadequate housing and class action suits related to significantly increased levels of homelessness. Non-legal strategies include research, education, monitoring, mobilization, participation in neighborhood networks, negotiation, constituency-building, intersectoral collaboration, development of model national housing plans, and budget analysis.

Most states have programs designed to address the immediate issues of homelessness, although these programs are usually operated on a local level. Homeless shelters and temporary housing provide shelter for those in need as well as other services such as counseling, job training, and advocacy to help people move towards a position from which they can obtain and maintain their own housing. Most governments also have plans and programs for aid to victims of natural disasters who have lost their homes.

Advocacy, Educational and Training Materials For Advocates

Learning, Reflecting and Acting for a Human Rights Future: A Training Manual for the Education of the Human Right to Housing in Urban Communities (by Teresita V. Barramed and Lea L. Espallardo, Quezon City, 1996)
The purpose of this text is to help readers understand the meaning of economic, social and cultural rights through study of the human right to food and nutrition. The text can be used for self-directed learning, in a training or classroom.

The Right to Adequate Housing (in: Circle of Rights. Economic, Social & Cultural Rights Activism A Training Resource, International Human Rights Internship Program/Forum-Asia).
The purpose of this module is to clarify the content and scope of the right to housing. The module presents international, regional and national standards guaranteeing the right to housing; enumerates the state’s obligations; elaborates on the guarantees provided under article 11 of the ICESCR as contained in General Comments 4 and 7 by the CESCR; and considers strategies for ensuring the enjoyment of the right to housing.

-end article-
go to this website for lots more Human Rights info! hrea.org

Linda's Hearth note: I know, I know ~ this is too LONG for a blog. So they say. I felt, however, it is really important to share this stuff. I hope anybody who reads it, or any bits of it, will leave a comment, too? Keep me on my toes.





Friday, October 1, 2010

Bill to Decriminalize Minor Pot Possession Offenses Signed by Governor Schwarzenegger

SOMETHING REFRESHING FALLS FROM HEAVEN
WHEN THE BUDGET CUTTERS BUCKLE DOWN

Sacramento, Sept 30th, a Cal NORML Release
by Dale Gieringer

A bill to downgrade the possession of one ounce or less of marijuana from a misdemeanor to an infraction was signed into law by Gov. Arnold Schwarzenegger.

The bill, SB 1449 by Sen. Mark Leno, will spare petty pot offenders the necessity for a court appearance and criminal arrest record while saving the state millions of dollars in court and prosecution expenses. The bill treats petty possession like a traffic ticket punishable by a simple $100 fine and no arrest record.

"Gov. Schwarzenegger deserves credit for sparing the state's taxpayers the cost of prosecuting minor pot offenders," said California NORML director Dale Gieringer, "Californians increasingly recognize that the war on marijuana is a waste of law enforcement resources."

The new law, which takes effect on Jan 1, 2011, will have an effect even if Californians vote to legalize marijuana by passing Prop 19. Prop 19 leaves misdemeanor possession penalties in place for public use and smoking in the presence of kids; under SB 1449, these offenses would be simple infractions.

In his signing statement, the Governor said he opposes decriminalization of recreational use of marijuana and opposes Prop 19, but "in this time of drastic budget cuts, prosecutors defense attorneys, law enforcement and the courts cannot afford to expend limited resources" prosecuting petty pot offenses.

<http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_fil

Misdemeanor possession offenses have mounted to new highs in recent years, reaching 61,164 in 2009 (see http://www.canorml.org/news/2009arrests.html).

California NORML originally called for making petty possession an infraction when the state passed its landmark decriminalization law in 1975, but the legislature made it a minor misdemeanor punishable by a maximum $100 fine. This marks the first time in 35 years that penalties for non-medical use of marijuana have been reduced in California.

Text of SB 1449:
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1401-1450/sb_1449_bill_20100
405_amended_sen_v98.html

--
Dale Gieringer - dale@canorml.org
California NORML, 2261 Market St. #278A, San Francisco CA 94114
-(415) 563- 5858 - www.canorml.org



10 - 10 -10 Becomes World Homeless Day and Everybody Deserves a Home, What Shall We Do in Santa Cruz?




Welcome, WORLD HOMELESS DAY


World Homeless Day, a worldwide collaborative effort, will henceforth be held on the 10th day of October every year. This year it happens to fall on the date 10/10/10

So what should or could be done on this day? Seriously, We are asking you, as the day is there for you to use as you see fit to make change and make a difference in the lives of homeless people in your area.

There seems to be an international day for this or that all the time. Sometimes even an entire week or month is devoted to focusing our attention on an issue or group of people in need. Yet there hasn't been an international day focusing on homelessness ... until now.

To answer questions that might be springing to mind, the idea emerged during discussions amongst members of the World Homeless Forum. And don't worry that it won't catch on -- already, groups in more than 50 countries are making plans for the day, barely a month after the idea was unveiled.

We all know these international days of something or other come and go, but We've learned after talking to some of the organizers of other recognized days that, for groups that take advantage, the days can be very powerful in terms of fund-raising, awareness-raising and garnering significant political power.

There is no prescriptive call to action like everyone light a candle and hold hands or some rubbish like that. World Homeless Day is a gift to the homeless sector and everyone in it to use in any way they want locally, providing the opportunity to point to something larger internationally and draw strength from that.

If you are part of a charity, considering taking advantage of this concept to gain connections with members of the community that you don't have already. For example, World Homeless Day is the perfect excuse to contact a local school, church or service club like Rotary. Contact them, offer guest speaking opportunities and suggest partnering to raise money. Politicians can be encouraged to release new funds or proposals on the day or to acknowledge the good work already being done by people and organizations in their city or state.

In some countries, 10/10 is already being planned as a benchmark day each year to note progress. It should be noted that, to date, current and formerly homeless people have done more than anyone else housed or working in the sector to promote World Homeless Day and encourage charities to become involved.

Linda's Hearth note: Let's help make this happen BIG in Santa Cruz County!

What you can do today to prepare for 10/10/10:

If you have a website: include the supporters button found on the official site (already on 50,000 web pages).

If you are on Twitter follow us @homelessday

If you are a service provider and attend meetings with other service providers, as we all do, put discussion of World Homeless Day on the agenda.

If you need support planning the day or want to collaborate with others involved there is a section in the international forums here: World Homeless Day Forums, http://www.homelessforums.org/forumdisplay.php?f=115

World Homeless Day, a worldwide collaborative effort, will henceforth be held on the 10th day of October every year. This year it happens to fall on the date 10/10/10. So what should or could be done on this day? Seriously, We are asking you, as the day is there for you to use as you see fit to make change and make a difference in the lives of homeless people in your area.



Email:
info at worldhomelessday dot org
Website:
http://www.worldhomelessday.org
http://www.homelessforums.org

Friday, September 17, 2010

Let Them Eat Waiting Lists!

Travellers, Transitioning and Homeless Citizens:

City of Santa Cruz' City Attorney Can Now Dismiss Superfluous Criminal Sleep Tickets, Yet Will Do So Only for Listed Homeless Clients for Pet Service Provider Wait-lists


SANTA CRUZ -- The City Council on Tuesday unanimously voted to give homeless people a break if they are on a shelter wait list when they receive a citation for overnight camping.

Current rules allow the city to waive such tickets when the winter shelter at the former National Guard Armory site is full. It doesn't cover times when other year-round shelters are full, but the long-standing practice of the city attorney has been to dismiss citations written when such shelters are full.

Robert Norse, a longtime advocate for the homeless who has sued the city over First Amendment protections, called the change "a minor step forward."

But he and others argued that it does little to reverse a camping ban that criminalizes homelessness and sleeping outside. Critics said the rules also create a burden for homeless to visit the shelter every day to check on the wait list.

"It does no good to say you are on a waiting list because you still have to sleep outside," Norse said.

Norse suggested the council add a requirement that those on a wait list receive a receipt that could be shown to an officer, who would then be prohibited from writing a ticket.

Monica Martinez, director of the Homeless Services Center, said she supported the change because it makes the camping ban "more compassionate."

She said her center could issue some sort of verification that people are on a wait list but cautioned that a person, rather than taking advantage of a bed when it becomes available, could keep the receipt indefinitely. She said it would be too onerous for staff to give the same homeless person a wait-list receipt every day.

The council's decision left details about wait list verification for the city attorney to work out with shelter providers.

Earlier this week, City Manager Martin Bernal acknowledged a key aim of the ordinance change is to determine, "are people actually making an effort" to find shelter. He said the change is not in direct response to PeaceCamp 2010, a protest organized by Norse.

The demonstration against the camping ban began July 4 at the county courthouse lawn but was moved outside City Hall once it was clear that city police had no intention of citing participants on county property.

Since then, police have issued 107 citations, the majority of which are for the ban against camping from 11 p.m. to 8:30 a.m. Officers have also made 21 arrests for ignoring demands to leave the property and an array of other charges.


Linda's Hearth note: I like to write my own headlines so this blog indulges me. the article was originally published 09-14-2010 with this head: Citations waived for homeless on shelter list: Santa Cruz camping ban altered to cover more than winter refuge Honestly, I can't tell which is worse ~ mine ot he paper's? Also I was sad to see the lead give Robert Norse such singular leadership billing, when Ed Frey is the true hero in terms of helping create and contributing to sustain PeaceCamp2010.

Norse's contributions are quite important and indespensable, to be sure. At the same time, we all want to value most those among us who can DAILY carry on. Just think of the hours of devotion involved with the porta-potty's responsibility alone. The demonstrators are so fortunate in this. Back in my day, as it were, we had to carry our own "outflow" bottles.

We are all in this together and we all need to remember to TELL THE REPORTERS what they need to know, and not to expect them to figure out the best questions. Unless they have also lived in bedroll-burb or car-parking-land or share-the-floor-shire for longer than a weekend.

I really appreciate Ocean's wonderful dramatic lessons, hope he's OK wherever he now is? But I digress. Intended to share this: praise and validate whose-ever's doing the daily work ~~ at least daily praise and gratitude.

Tell those reporters we don't have any bedbugs down on the sidewalk!

The morning after this article announced the latest evisceration of the City's potentially deadly sleep-camping ban, the women at Peace Camp 2010 shared hot coffee with night's survivors and the 7am hidden sleepers checking in.

It was almost the first night nobody got awakened or cited for sleeping, camping, covering or laying on the sidewalk. We celebrated by launching a moveable cafe co-op. Nine people joined us; campers, supporters, a guest from Westside Santa Cruz came downhill and compared notes and created a caring poster during our check-ins. Attorney Frey came by, passed on the caffeine, as did two others. Everyone washed their own mug, hoping to upgrade cafe coop each time.

Saturday, August 28, 2010

Grateful to know her, sad to say Good-bye

Aunt Marty Leyshon,
inspiration, healer, tender soul



I have posted below note an obituary for Marty Leyshon.


When I was a child this delightful, patient, noble woman was my favorite auntie, and the one relative who went out of her way to connect with me after I "left home" a few days past High School Graduation in 1967; I was feeling pretty lost and she healed that.

She and Uncle Chad blessed my life with the message of Bill, the Alcoholics Anonymous message. Tho' I never could actually drink a lot of alcohol, I have continued relying on those same twelve steps for whatever difficulties came my way. (Those who understand about how I've been "disabled" will appreciate this the more.)

Later I can share some of my favorite memories, of Aunt Marty and her family, so generous to me. I'll publish the most readable, here. Meanwhile, thanks to Preston and to Marty's whole family, and to The Washington Post, for obituary pasted below.

My sympathy and best wishes to Uncle Chad and to everyone Aunt Marty's life touched, in saying their goodbyes. I miss her.
-- Linda's Hearth
.


Martha Ann “Marty” Leyshon passed away from this world on Thursday, August 12th, 2010 to be with our Lord and reunite with her deceased daughter, Susan Marie.

Marty, who turned 85 on August 5, leaves behind her husband Webster Chadwick "Chad" with whom, on June 21st, she celebrated 63 years of marriage. Her children Robert, Preston, and Priscilla Davis mourn the loss of their mother and friend. Marty was the proud and loving grandmother of eight grandchildren and five great-grandchildren.

Marty was born in 1925 to Karl Dustin Reyer and Edith Gilkey Reyer. She is the sister of the late Dustin Gilkey Reyer. Marty graduated from Miami University in Ohio, with a BA degree. After her graduation (she finished in 3 years!), she enrolled in studies to become a Registered Medical Technologist. After World War II she married her longtime sweetheart Chad. She served on numerous public service organizations, including The White House Conference on Alcohol and the Family.

She is remembered by all for her sincere and ever-present smile, her uplifting attitude, her humble spirit, and her willingness to always put others before herself. As a wife, mother, grandmother, and friend Marty set an example of servitude and sacrifice. She dedicated her life to helping others, mentoring teens with alcoholic parents, and assisting others along the road to recovery. When thinking about Marty, friends and relatives tell stories about her thoughtful care packages, her heartfelt interest in your life, and her thrifty ability to reuse and recycle any household item.

Her memory will not be forgotten as her family and friends continue to share the impact that Marty had on their lives. She is missed and loved by everyone who knew her.


You can click on this link, to scroll to Leyshon, to see Obituary in the Washington Post. http://www.legacy.com/obituaries/washingtonpost/

A celebration of Aunt Marty's life was celebrated on August, 23 , at

Woodside United Methodist Church

8900 Georgia Ave, (RT 97, inside the 495 Beltway)

Silver Spring, MD 20910
(301) 587-121

In lieu of flowers, the family suggests that donations can be made to:

The Prader-Willi Syndrome Association (USA)
8588 Potter Park Drive, Suite 500
Sarasota, Florida 34238 USA

Tel: (800) 926-4797
Tel: (941) 312-0400
www.pwsausa.org

Cards of condolence may be mailed to Chad at his new address:
Chad Leyshon
413 Willington Drive
Silver Spring, MD 20904