A/HRC/25/54 B. Strengthening diverse tenure forms 9. States should take immediate and progressive measures to confer legal security of tenure on individuals and communities currently lacking protection.7 States should undertake human rights impact assessments of proposed measures, in the housing, land and financial sectors. These assessments should examine potential effects on all existing tenure forms and on groups vulnerable to eviction, including market-induced displacements. If there is risk of exacerbating tenure insecurity, alternatives should be considered or, as a last resort, mitigation measures should be developed. Based on these assessments, States should take legislative and programmatic measures to secure diverse tenure forms, prioritizing arrangements for those facing barriers to the full realization of their housing rights. 10. In many places, rapid urbanization has led to the development of large peri-urban areas, blurring divisions between urban and rural systems. The following types of tenure forms, among others, whether deriving from customary, religious,8 statutory or hybrid9 tenure systems, should be promoted, strengthened and protected, as appropriate in the given urban and peri-urban context. 11. Possession rights. The legal recognition of the rights of those occupying public, private or community land and housing for a prescribed period, through adverse possession of land and housing, above the rights of absentee owners or the State, is an important measure to ensure that land and housing is being used in the most socially productive manner and to fulfil the right to adequate housing for all. For example, article 183 of the Brazilian Constitution recognizes usucapio of urban land used for a home after five years of possession without interruption or opposition, provided that the possessor does not own any other property. 12. Administrative and judicial procedures for the recognition of adverse possession should be simple, prompt and affordable. Both individual and collective adverse possession should be recognized. Where owners have been forcibly displaced or forced to flee their homes, caution should be exercised to ensure that one’s right of adverse possession does not obstruct others’ right to return.10 13. Use rights. The right of people to use public or private property for their housing needs under certain conditions should be recognized and protected in law and policy. For example, in Trinidad and Tobago, Certificates of Comfort give the holders a right not to be removed from the plot unless resettlement is deemed necessary and an alternative plot is identified and made available.11 In Mozambique, a right to use and improve State land can be granted to individuals or groups, which allows persons to mortgage or sell their buildings and other improvements on that land.12 7 8 9 10 11 12 8 Ibid., general comment No. 4, para. 8 (a). In many societies, customary and religious tenure systems enjoy a high degree of social legitimacy. Since a diverse range of tenure forms exists under these systems governing land allocation, use and management and conferring tenure security, some of which are akin to the forms of tenure described in this commentary, they are not discussed separately, notwithstanding their special character. Hybrid tenure systems refer to a combination of two or more tenure systems, including those often referred to as “informal” or “extralegal” tenure. See Principles on Housing and Property Restitution for Refugees and Displaced Persons. State Land (Regularisation of Tenure) Act 25 of 1998. Mozambique Land Law, 1997.