A/HRC/16/42 • The loss of tenure security, particularly by those who had been living under customary or informal tenure systems prior to the disaster or conflict. 62. A rapid assessment and analysis of pre-existing tenure and property rights systems should be conducted in the immediate aftermath of a disaster or conflict. The aims of this assessment should be: (1) to guide on urgent steps to be taken to protect the right to adequate housing and tenure security of all, but particularly the poorer and marginalized members of society; (2) to identify areas of opportunity where, with the presence and support of bilateral and multilateral international agencies, opportunities could arise for improvement and innovation (for example securing of previously unavailable housing-related rights and entitlements for women); (3) to identify and warn against risk areas where poorly informed actions would result in further housing rights violations. This rapid assessment should be an essential step towards the formulation of a more detailed and comprehensive land management, allocation and registration strategy for sustainable rehabilitation and reconstruction. 63. Dedicated funding mechanisms or channels should be established to provide resources to initiatives aimed at respecting, protecting and fulfilling the right to adequate housing from the very outset of humanitarian operations. In addition, structured capacity-building networks should be created at field level, accompanied by focused operational support. A documented body of evidence on past violations (and their causes) should be produced, made available and developed into guidelines for action. 64. The effective consultation and direct participation of affected communities in the design and implementation of post-conflict and post-disaster responses, particularly on matters of housing and land, should be ensured. 65. The right of all people displaced as a result of conflict or disaster (refugees or IDPs) to voluntarily return to their land and homes or any other location within their country should be recognized and all possible steps should be taken to assist them to exercise that right. In cases where the displaced have settled and begun to build new lives and communities, their preference to remain should also be respected and supported. Further, in cases where secondary occupants are in possession of the land and houses of people displaced, sustained efforts should be made to achieve a negotiated agreement that satisfies all parties, prior to any legal action being taken. 66. Housing and land issues should be addressed in peace agreements and where necessary institutions to deal specifically with property claims should be established. 67. In post-conflict and post-disaster situations mechanisms should be put in place to monitor violations of the right to adequate housing, including forced evictions. Victims of such violations should be entitled to legal remedies and have access to justice. 20