A/HRC/42/CRP.5 land from third parties is likely to undermine peace, reconciliation and development efforts.”1481 4. Conclusions and legal findings 620. Myanmar has obligations under the ICESCR and the CRC to recognize and ensure the right to an adequate standard of living, including adequate food and housing, and the highest attainable standard of health.1482 The Special Rapporteur on the right to food has explained that access to land is essential to ensure the enjoyment of the right to food and housing,1483 notably in rural areas or for indigenous people. 1484 While these rights are to be progressively realised, Myanmar must take immediate action, irrespective of its resources, to eliminate discrimination and refrain from retrogressive measures that would decrease the enjoyment of the treaties’ rights unless there are strong justifications for doing so.1485 These obligations do not cease in situations of armed conflict or humanitarian crisis.1486 Violations of the right to food can occur, for example, through the prevention of access to humanitarian food aid.1487 Additionally, under international humanitarian law, parties must allow and facilitate rapid and unimpeded passage of humanitarian relief, including medicine, food and other survival items, which is impartial in character and conducted without any adverse distinction, subject to their right of control. 1488 Arbitrary restriction of humanitarian relief and assistance is impermissible.1489 621. The Mission also looked to the Principles on housing and property restitution for refugees and displaced persons (Pinheiro Principles), which apply to the issue of land, home, and property restitution for people displaced due to arbitrary or unlawful deprivation of their homes, lands, properties or places of habitual residence. 1490 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 164 V-417 p. 5. ICESCR, art. 11 and art. 12; CRC, arts. 24 and 27. Report of the Special Rapporteur on the right to food, A/65/281, 11 August 2010, para. 4. See, also, Office of the United Nations High Commissioner for Human Rightst, Early warning of violence and conflict: land and human rights in South East Asia Expert Group Meeting, Bangkok, 16-18 November 2015. See, Office of the United Nations High Commissioner for Human Rights and UN Habitat, The Right to Adequate Housing: Fact Sheet No. 21/Rev.1, 2009, p. 8. OHCHR, Frequently Asked Questions on Economic, Social and Cultural Rights: Fact Sheet No. 33, 2008, https://www.ohchr.org/Documents/Issues/ESCR/FAQ%20on%20ESCR-en.pdf, p. 15-17. The Committee on the Rights of the Child also interprets the CRC as placing an obligation on States, irrespective of resources, “not to take any retrogressive steps that could hamper the enjoyment of children’s right to health”. United Nations Committee on the Rights of the Child, General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24), CRC/C/GC/15, 17 April 2013, para. 27. ICJ, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 9 July 2004, para. 106. See, also, Legal Framework. United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 12: The right to adequate food (Art. 11), E/C.12/1999/5, 12 May 1999, para. 19; Committee on the Rights of the Child, General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24), CRC/C/GC/15, 17 April 2013, para. 40. See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005 rule 55 (access for humanitarian relief to civilians in need) and rule 56 (freedom of movement of humanitarian relief personnel). See, also, United Nations Group of Eminent International and Regional Experts, Situation of human rights in Yemen, including violations and abuses since September 2014, A/HRC/39/43, 17 August 2018, para. 46. See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 55 (access for humanitarian relief to civilians in need) and rule 56 (freedom of movement of humanitarian relief personnel). Principles on housing and property restitution for refugees and displaced persons (Pinheiro Princples), E/CN.4/Sub.2/2005/17, 28 June 2005, principle 1.1, available at https://www.unhcr.org/protection/idps/50f94d849/principles-housing-property-restitution-refugeesdisplaced-persons-pinheiro.html. See a discussion the Pinheiro Princples, see Conclusions and legal findings: the impossibility of return.