Our expert at the Common Space Initiative (pre-LUGARIT) was commissioned by the UN Habitat to research the Housing, Land, and Property (HLP) framework in Syria, exploring the complex interplay between land management, property rights, and the socio-political landscape in the context of the Syrian conflict.

The scope of work on the project include: 

• Researching the political economy of land and property in post conflict context, especially Syria. 

• Researching the legal eco-system framing HLP

• Researching the different policy directives affecting HLP

• Presenting a case study on HLP risks in Deir Al-Zur City

• Mapping the roles of various institutions and stakeholders in the HLP and land management ecosystem.

Shortlist of the project’s findings include:

1. Land management system has been part of a political economy that created differing valuation processes and has as such created different dynamics of property regimes, some formal and some informal. 

2. The conflict has broadened the schism between the formal and informal by creating a plethora of legal ordinances that the urban governance models were not equipped to administer. 

3. The protection of HLP rights cannot be reduced to simple legalistic questions about restoring property records. 

4. We need an eco-system approach to the issue of protecting HLP rights during the conflict. 

Longer list of the project’s findings include:

1. Demographic Transformation and Urbanization: Post-independence Syria experienced significant demographic changes, transitioning from a primarily agrarian society to one with a majority urban population by 2010. This shift, coupled with economic transformations, led to rapid urbanization and significant changes in the political economy.

2. Handling of Informal Areas: The Syrian state's approach to informal settlements fluctuated, sometimes denying the problem and at other times engaging in detailed research for policy formation. A common approach was to view informality as a spatial anomaly needing containment, often overlooking the underlying contradictions and incoherencies in state policies.

3. Housing Policy and Shortages: The state's policies in the 1980s and beyond failed to adequately address housing needs, with the production of housing units falling short of demand. This led to a surplus of unaffordable middle-class housing and a growing gap in housing demand, especially for lower-income groups.

4. HLP Issues in the Syrian Conflict: HLP issues have been central to the Syrian conflict, influencing the political debate and necessitating a broad-based approach to property rights, considering the political economy and the transformation of property rights regimes.

5. Home Ownership and Urban Planning: Syrian policies for the last 50 years have favored home ownership, leading to a housing stock that predominantly supports homeowners. Urban planning and property regimes have been instrumental in shaping the production and consumption of urban space.

6. Discrepancies in Urban Land Distribution: There have been significant rent gaps between peri-urban areas and city centers due to uneven land distribution and the failure of urban planning laws to keep pace with rapid urbanization.

7. Impact of the Conflict on Informal Areas: The conflict significantly damaged informal areas, displacing populations and opening up opportunities for new legislation to address land pooling and urban development.

8. Legal and Regulatory Challenges: Syrian law and urban management have evolved through various state-building and urbanization models, leading to a complex legal framework that often presents contradictory policies and challenges in enforcement.

9. Property Rights and Law 10/2018: The debate around Law 10/2018 raised concerns about stripping property rights without due process. The state responded by referring to statutes that guarantee private properties and amended the law to consider rights not registered in official records.

10. Recent Legal Developments: The State has introduced laws to define real property and regulate urban development. There has also been a focus on protecting property records during the conflict, although this has raised concerns about the rights of individuals to engage freely in property transactions.

11. Restrictions on Property Transactions: Additional restrictions were imposed on property transactions, especially for people outside government-controlled areas, affecting various groups like those wanted for military service or political opponents.

12. Historical Context of Urban Development: The historical framework of urban development in Syria is traced back to the Ottoman period, emphasizing the evolution of urban planning and land management over the centuries.

In summary, the project provides a comprehensive analysis of the HLP framework in Syria, highlighting the challenges and complexities arising from rapid urbanization, conflict, legal transformations, and socio-political dynamics. It underscores the need for multi-dimensional approaches to address the intricate issues surrounding housing, land, and property rights in a post-conflict setting.