RECLAIMING HOME The struggle for socially just housing, land and property rights in Syria,Iraq and Libya (original) (raw)
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Urban Housing and the Question of Property Rights in Syria
The traditional land tenure systems in Syria are complex and overlapping, stemming from hundreds of years of evolution in the legal as well the socio-economic conditions of the different communities in the country and the region. Some of these systems were codified progressively in the 20th century while others remained outside the control of the State. The rapid rural to urban migration starting in the second half of the 20th century generated a major demand for housing and real estate in the main cities. Most of the formal systems failed to cope with the increased demand for housing and the magnitude of the rural to urban migration, which created massive zones of informality, particularly in peri-urban sections of major metropolitan areas and in secondary cities. Supply-side state subsidies and the promise of freehold home ownership for all was a dream on which the State could not deliver. Contradictions unresolved in the transformation from traditional land tenures to modern land registries accumulated and added to the inability of the State to manage urban growth properly. These contradictions were an important factor contributing to the outbreak of the conflict in 2011. The early manifestations of the conflict took place primarily at the urban-rural interface. HLP issues played a major part in mobilizing disgruntled communities. The State initially considered dealing with this issue separately from other causes of grievances (e.g. human rights abuses). The first two years of the conflict witnessed a laissez-faire approach to informal settlements. The State looked the other way while these areas added no less than 10% to the housing stock in less than a year. However, demonstrations against the State did not stop and the idea of appeasing communities through relaxed housing regulations as a means of quelling the uprising seemed to backfire. The rebellion took a sharp turn towards heavy militarization by mid-2012. Most of the clashes took place in peri-urban areas and in the small and medium- size cities where urban growth was rapid and where HLP rights were most vulnerable. Most of the damage to the housing stock – estimated at over 30% of the total value of the pre-war housing stock – is found in these areas. Many voices within the government started to advocate a permanent solution to informal settlement areas, taking advantage of the fact that most of their inhabitants had been forced out either as refugees in neighbouring countries or as internally displaced persons in Syria. The destroyed peri-urban areas were seen as potential sites for lucrative re-development and created an opportunity to compensate loyalist cronies and others by allowing them to invest in “reconstruction solutions” based on private-public partnerships in locations where the original populations had the weakest property rights protection. Furthermore, in different locations and under different guises all parties to the conflict participated in demographic transfers (some for ethno-sectarian reasons). To this extent, HLP issues increasingly feature as a core issue in the peace-building process. The peace process has thus far been fixated on issues related to political transition and power sharing. Very little effort has gone into mapping the magnitude of the HLP problem and the way it may affect the peace process. However, one can discern several levels of concern that should be addressed even before a political deal is reached. These concerns will play into the hands of spoilers if not addressed. Most of the UN-mandated mechanisms for addressing HLP issues post-conflict tend to address grievances that accumulated during the conflict. In Syria, addressing pre- conflict grievances is essential. There is no reliable judiciary system that enjoys widespread public trust. The establishment of an independent judicial framework will be part and parcel of the political negotiations. These negotiations have not produced any viable visions as yet for the separation of powers, nor for that matter on how the new Syrian territory will be organized in the future and how land will be managed. The bias in favour of formal HLP documentation by actors working from Damascus and actors working cross-border may undermine the pre-crisis security of tenure enjoyed by holders of non-cadastral property rights evidence. Understanding the continuum of tenure and developing mechanisms for recognizing and protecting different types of tenure is essential for securing HLP rights, particularly for the most vulnerable communities. While the official national narrative has been fixated on freehold ownership as the preferred tenure type, supply-side economics has not been able to resolve Syria’s housing crisis in the past, and will not be able to compensate for the massive level of damage to the housing sector. Criminality, fraud, the displacement of informal communities to advance real estate projects as well as ethnic- and sectarian-based forced displacement are all factors to be addressed, but claims and counter-claims require further clarification. Interventions into the HLP issues are only now starting to gain traction among international donors and actors. Some of the issues to be considered are: The restitution of HLP rights cannot be relegated to the “repatriation and resettlement of refugees” annex of a future political agreement (as has happened in the Dayton Agreement). HLP rights should be addressed as part of a comprehensive architecture for adjudicating disputes and/or to provide fair alternatives. This should include the reform of the judiciary at large. Para-legal institutions must somehow be incorporated into the deal to avoid chaos created by wartime HLP transactions. A dispute resolution system that is based on a “continuum of tenure” approach will be essential to ensure stability in the immediate post-agreement context. HLP issues will generally be seen as a part of the greater reconciliation efforts between the different communities in Syria. Resources must be provided to develop the local reconciliation infrastructure. The task cannot be the sole preserve of a national top- down process. HLP issues in Syria will be enormous in urban areas where real estate markets will be used to support the reconstruction process. Donors should avoid the temptation of supply-side solutions to housing reconstruction and focus more on demand-side solutions: micro-loans, especially for women, legal hedges against gentrification, and economically motivated evacuations (but no rent controls), housing coupons, and so forth. In short, HLP issues in semi-legal spontaneous areas must be accompanied by strong but well-calibrated financial instruments to forge win-win deals on the ground, resolve disputes, and minimize negative impacts (inflation and secondary displacements). The issue of tenure will also have to be addressed with a critical review of the status of women. Women are now the main heads of households in many areas. While the percentage of women heading households has increased severalfold in Syria, the legal framework still favours the male next-of-kin when the male head of the household dies or disappears. The HLP issue will require negotiating some basic changes to the law in order to provide women with more equitable solutions in the case of inheritance. ACKNOWLEDGEMENTS The State of Syrian Cities 2016–2017 draws together contributions from various experts, researchers and field reporters. The following authors have contributed to different sections of the report: Samir Aita, Mohamad Diab, Giulia Guadagnoli, Omar Abdulaziz Hallaj, Nazi Heme, Nour Jazaerly, Rana Khalaf, Sana Kikhia, Ayman Menem, Rand Sabbagh and Roua Al Taweel. In addition to these authors, other scholars and practitioners provided valuable support to the reporting process. These include Rania Assassa, Kais Al-Dairi, Tobias Ehret, Razan Ghazzawi, Mohamad Haj Omar Albathish, Farah Hwijeh, Damien Jusselme, Ryo Kato, Kholoud Mansour, Waseem Massas and Burkhard von Rabenau. Disclaimer The State of Syrian Cities 2016–2017 is a preliminary document not intended for publication, but rather to be used as input for consultation between stakeholders. It is a working document that can be used to trigger dialogue for an inclusive reporting process and for knowledge sharing. No liability can be held against the organizations promoting this reporting process if this report is used for an alternative purpose from which it is intended. The information and views set out in this report are those of the authors and do not necessarily reflect the official opinion of the European Union. Neither the European Union institutions and bodies nor any person acting on their behalf may be held responsible for the use which may be made of the information contained herein.
Beyond Law 10: Economic and Social Challenges of Housing and Land Management in Post-Conflict Syria
Political Economy and Governance in Syria, 2019
This article summarizes a presentation by Mr. Omar Abdulaziz Hallaj at the London School of Economics. It addresses the complexities of housing, land, and property (HLP) issues in Syria, particularly in the wake of the country's ongoing conflict. Mr. Hallaj explores the historical backdrop of Syria's land management, the impact of the conflict on property rights, and the introduction of Law 10, which has sparked significant international concern. The article discusses how decades of overlapping laws and governance challenges have exacerbated property disputes, which are now compounded by the conflict’s destruction and displacement. Mr. Hallaj argues that the current legal frameworks, including Law 10, are insufficient to address the deep-rooted issues in land and housing management. He emphasizes the need for comprehensive policy reviews and suggests that community participation, economic incentives, and innovative governance solutions are essential for successful post-conflict recovery and reconstruction in Syria.
Land, Property and the Challenge of Return for Iraq's Displaced
The crisis of displacement in Iraq has created an array of challenges related to land and property that must be addressed if return is to be sustainable. This report analyzes the nature of these land and property issues and the measures thus far taken by the Iraqi government to address them. It concludes with recommendations on how these policies can be improved and broadened to have a more durable impact. The report draws on the extensive efforts of both the United States Institute of Peace and the International Organization for Migration (IOM) to assist the Iraqi government in the design of displacement-related land and property policies, including a July 2008 conference in Amman sponsored by the Institute and the World Bank and a November 2008 conference in Baghdad sponsored by the Institute, IOM, and the Office of the United Nations High Commissioner for Refugees (UNHCR)
'Nothing is ours anymore' – HLP rights violations in Afrin, Syria
Reclaiming Home: The struggle for Socially Just Housing, Land and Property Rights in Syria, Iraq and Libya, 2019
This chapter presents a case study of the housing, land and property (HLP) situation for local and displaced persons in the Syrian region of Afrin since the Turkish-led ‘Operation Olive Branch’ was launched in January 2018. HLP rights violations are described in interviews that provide nuanced accounts of the roles and engagement of different actors in relation to the occupation and transfer of housing, land and property. This study specifically considers the involvement of the Turkish Armed Forces, their Syrian partners (the Free Syrian Army, FSA, and other factions), as well as internally displaced persons (IDPs) resettled from elsewhere in Syria. The dynamics between these actors, as well as the local councils and civil police forces set up by Turkey and its Syrian allies, are analysed so as to understand the complexities of who is committing, and ultimately accountable for, HLP violations in Afrin. The overlapping HLP issues in today’s Syria are exemplified by the relocation to Afrin of displaced families, particularly those evacuated from the rural areas around Damascus that were returned to Syrian government control in spring 2018. Framed in the larger context, the Afrin case study presents compelling testimony of the many ways the Syrian conflict has impacted enjoyment of HLP rights. This chapter documents various HLP violations committed against individuals from Afrin during and since the military operation and accepts as credible local interviewees’ claims that the violations are politically motivated attempts to change the demographics of a historically Kurdish region. Recent practices of HLP transfers in Afrin mirror policies enacted by the Turkish government against its own Kurdish population and build on pre-conflict measures introduced by the Syrian authorities to restrict property and housing ownership in targeted border areas.
Arab Center for Research and Policy Studies, 2022
This study addresses the forced migration and internal displacement of ethnic and religious minorities in the so-called disputed areas of Iraq, with a focus on the Yazidi minority. Since the US invasion of Iraq in 2003, the populations of these areas, especially non-Muslim religious minorities, have been targeted by jihadi organisations and armed groups. This persecution reached its peak following the invasion of the Islamic State in Iraq and the Levant (ISIL) in 2014 and the perpetration of genocide against the Yazidi minority, which fled or was forcibly displaced to Kurdish areas in the north and Arab areas in central and southern Iraq. The Yazidi minority was almost entirely uprooted and displaced to cities in the Kurdistan Region. This study covers contextual developments and gaps related to an Iraqi minority in the disputed areas, discussing the factors and obstacles preventing the return of displaced Yazidis to the Sinjar region.
Housing, Land and Property in Conflict and Displacement Settings
Deusto Journal of Human Rights, 2017
Housing and land are the main things that displaced persons lose when they are forced to leave their places of origin. Once peace and security has been restored in the country, IDPs often find it difficult to reclaim their homes and lands that have been either destroyed or occupied by others. This is a common feature in almost all post-conflict situations. And it is a major obstacle to the establishment of other durable solutions. The tensions in property disputes pose a serious threat to post-conflict stabilisation. This article discusses the importance of issues relating to housing, land and property throughout the displacement cycle. Violations of the rights to housing, land and property are at the same time, both cause and consequence of displacement. The loss of shelter and soil brings new vulnerabilities for displaced populations that may jeopardize their health and physical safety and limit their opportunities to earn a living. The restitution of housing and property is also a key element to achieving durable solutions. The existence of effective mechanisms for conflict resolution plays an important role in consolidating peace. This paper will examine specific challenges to address land disputes in the context of informal occupation of land and will provide an overview of how humanitarian actors address this issue.
Popular Housing and Urban Land Tenure in the Middle East
2012
When governments fail them, how citizens organize and build their own communities. Irregular or illegal housing constitutes the ordinary condition of popular urban housing in the Middle East. Considering the conditions of daily practices related to land and tenure mobilization and of housing, neighborhood shaping, transactions, and conflict resolution, this book offers a new reading of government action in the cities of Amman, Beirut, Damascus, Istanbul, and Cairo, focusing on the participation of ordinary citizens and their interactions with state apparatus specifically located within the urban space. The book adopts a praxeological approach to law that describes how inhabitants define and exercise their legality in practice and daily routines. The ambition of the volume is to restore the continuum in the consolidation, building after building, of the popular neighborhoods of the cities under study, while demonstrating the closely-knit social relationships and other forms of community bonding.
Land, property and user’s rights according to islamic-ottoman reforms in iraq
International Journal of Heritage Architecture: Studies, Repairs and Maintence, 2017
There has been an increasing interest from architects and urban planners regarding the influence of the local/traditional regulations particularly for land, property and user's rights issues. It is worth noting here that in Islamic countries, land, property and user's rights are ruled and protected according to permit forms controlled by specific religious contexts. In the Iraqi situation, the Islamic administration of user's rights in relation to land has itemized during the Ottoman period in the 15th century and finished in 20th century. The objective of this research is to produce a body of material, a closer look at the Ottoman law, which could enhance the real influences of this period on Iraqi administration. This article offers therefore basic opportunity to revisit elementary principles regarding Islam Ottoman period in Iraq. Prior work, however, has focused extensively on the historical and on certain aspects in recent systems of Iraqi law. This article showed that Iraqi current administration of land, property and user's rights is still influenced by regulations that were established during the Ottoman period. It concludes that the reform of Iraqi institutional framework can be held by socio-religious and political factors which potentially offer opportunities for the development of 'authentic' Islamic ownership tools that can support the campaign for the realization of fuller land rights for various sections of Muslim societies.
Syrian Studies Association Bulletin, 2018
After the outbreak of the Syrian civil war in 2011, the Kurdish Protection Units, Yakīnayyin Pārāstnā Gal (YPG) and Yakīnayyin Pārāstnā Jin (YPJ), took control of northeastern Syria where they formed the Democratic Federation of Northern Syria (DFNS) in the three districts of al-Jazīra, Kūbāni, and ʿAfrīn. The DFNS was established as a self-governing project with a special political and administrative system that emphasizes the rights and political participation of all ethnic groups and religious minorities in those provinces. The Yezidi, as a religious minority, are scattered throughout these provinces and are engaged in some local administrative institutions on a certain scale. They also form their own civil society institutions. Concurrently, there is a Yezidi political organization that is opposed to the policies of self government and that accuses Rojāvā’s Kurdish authorities of marginalizing the political participation of the Yezidi and other religious minorities. In this paper, we will discuss the Yezidis’ political participation and representation within these areas, their autonomous institutions, and their political opposition.