Violations of housing, land and property (HLP) rights are common consequences of both natural disasters and conflicts – in natural disasters houses may be destroyed due to natural hazards or extreme weather conditions (floods, earthquakes etc.) and in situations of conflict destruction of property can be both a means of warfare and a consequence of common banditry and obliteration in the absence of rule of law. Whether conflict or natural disaster, one of the most frequent consequences is forced displacement, which often means the loss of HLP. Such losses not only sever individuals and communities from their primary shelter, but also from their sources of livelihood. When these individuals eventually consider return, whether and how to reclaim their HLP and thus rebuild their livelihoods is of crucial concern to them.

Addressing HLP rights in the immediate aftermath of a disaster or conflict is crucial to protect and assert the rights of IDPs and refugees to HLP restitution. Swift action often provides the only opportunity to collect and consolidate data and documentation that could either be destroyed or simply get lost in the days after the disaster. HLP, as a productive asset, is a crucial factor for refugees and IDPs while restarting their lives and livelihoods, as it gives them a social and economic tool and limits dependence on external assistance. Moreover, repossessing HLP is a fundamental step towards stabilizing communities during and after conflicts or disasters.

Resolution of HLP conflicts is key for humanitarian actors and national authorities to facilitate return and other durable solutions for displaced persons and refugees. Time and again refugees and IDPs have no alternative to remaining in camps or with host families for prolonged periods because other families, communities or ethnic groups have occupied the land from where they were displaced. Resolution of HLP conflicts prior to the return therefore becomes an important condition for refugees and IDPs who otherwise lack the confidence in a durable, safe and dignified return. In addition, redressing violations of HLP rights can also facilitate other durable solutions. Restitution or compensation can allow local integration or resettlement elsewhere in the country by providing an income (through rent or sale of the repossessed property, or through monetary compensation) or alternative land (compensation in kind).

The fundamental HLP rights in the context of displacement are compiled in The Principles on Housing and Property Restitution for Refugees and Displaced Persons - The Pinheiro Principles - which are a compilation and restatement of existing rights based in a variety of sources of international human rights and humanitarian law. The Pinheiro Principles also include recommendation drawn from good practices. In short, the Pinheiro Principles state that all displaced persons - whether IDPs or refugees, and whether or not they return - shall be protected from arbitrary and unlawful deprivation of any housing, land and/or property, and have the right to have such property fully restored to them, or be adequately compensated.

The 2005 Humanitarian Response Review (HRR) report identified ‘shelter, land and property’ as one of the areas with significant response gaps and accordingly recommended establishing appropriate plans of action to fill confirmed gaps and improve response capacities to make the humanitarian response more predictable and efficient. To ensure appropriate attention to specific protection areas, the PCWG set-up five Area of Responsibility (AoRs) groups in 2007, including the AoR Group on HLP.

Chaired by UNHABITAT the HLP Group meets on a monthly basis and is a broad-based and participatory forum comprising on an equal basis UN humanitarian, human rights and development agencies, as well as non-governmental and other international organizations.

The overall objective of the HLP Group is to facilitate a more predictable, systematic, accountable and effective response by humanitarian, human rights and development actors to HLP protection concerns arising from complex emergencies, natural disasters, and other internal or refugee displacements.

The HLP Group is established to support field colleagues by: (i) Receiving and responding to requests from the field or from the PCWG for the provision of technical and policy advice on specific HLP issues, including short-term joint technical support missions to the field; (ii) Promoting a rights-based approach to HLP restitution/compensation, especially focusing on the empowerment of women and children to assert their rights; (iii) Promoting consistency of attention to HLP issues by relevant UN Country Teams in Flash Appeals and CAPs responding to conflict and disaster settings; and (iv) Providing capacity-building for humanitarian field actors and other stakeholders (national and local authorities, affected populations, etc.) in HLP rights, assessment tools and restitution mechanisms.

At the global level, the HLP works towards (i) Strengthening the overall HLP response capacity together with existing land tenure, housing and restitution networks and specialized agencies by representing; (ii) Consolidating and disseminating HLP standards, tools and guidelines and where gaps exist develop such; (iii) Identifying 'good practice' for further dissemination; and (iv) Promoting systematic and comprehensive attention to HLP issues in disaster response and peace operations.