NRC I Displacement, HLP and access to civil documentation in the north west of the Syrian Arab Republic
The vast majority of IDP households (92 per cent) reported that they had
changed residence in the last 12 months for security reasons. In addition to
security, concerns related to housing and shelter were reported to be key
drivers of movement within the past 12 months. 34 per cent of the sample
reported that they had moved to access better or more affordable housing;
and 11 per cent reported that a forced eviction led them to change
their residence. 33 It was reported in eight out of 12 FGDs that there was
a significant amount of forced eviction from all types of accommodation
by armed actors.
Respondent interviews and FGDs pointed to very weak security of
tenure in areas of displacement. 74 per cent of respondents reported
having no written agreement in place in relation to their current residence
and of those, 60 per cent reported not even having a clear verbal agreement
in place. The lack of clear agreements or agreements of very short duration
was also reported as a major HLP threat/ challenge during FGDs. A large
majority of IDP households (84 per cent) felt only somewhat sure or were
not at all sure whether they could remain in their current residence for
three more months if they wanted to, signalling extremely high levels
of insecurity of tenure amongst the IDP population across all
accommodation types.
Other significant HLP-related threats and challenges highlighted during
FGDs and KIIs included the lack of ability to register changes in real (i.e.
immoveable property, such as land and housing) property ownership 34
and, related to this, the lack of reliable documentation proving ownership
of land and property and the falsification of HLP documents, creating risks
for real property buyers. It was reported that these types of problems lead
to the devaluation of HLP assets and the exploitation of IDPs who are
forced to sell their HLP assets for less than they are worth due to their
desperate need for money.
The IDP population reported that inheritance disputes (reported by 50
per cent of respondents) and rental or ownership disputes (reported
by 45 per cent of respondents) are the most common types of HLP
disputes that they face in displacement. Overall, the Shari’a court 35 was
reported to be the most common way of resolving disputes; however, other
dispute resolution mechanisms were also popular, in particular, in the first
instance, resolving disputes within families and between the parties and, in
the second instance, resolving disputes within families, between the parties
and through community mechanisms such as Customary Committees
and the Mukhtar. Many other actors, including the police, arbitration
committees, Local/ Municipal Councils, de facto land registries, private
actors such as facilitators and lawyers, armed actors, area dignitaries and
religious leaders were also reported to be involved in dispute resolution,
with great geographic variation. Of all HLP dispute types, armed actors
were most likely to be involved in cases relating to eviction, occupation and
access to and use of land disputes.
33 In this assessment, we interpret displacement to access better and affordable housing as secondary displacement. It is usually undertaken not as a matter of choice but under duress, to avoid
substandard and unsafe housing and to avoid forced eviction.
34 Note that there is no registration of new real property transactions in NGCAs of Aleppo and
Idleb Governorates.
35 The Shari’a court is regarded as the judicial body in many NGCAs. These courts are established
by armed groups, but the level of control over them by armed groups varies from area to area.
Shari’a courts often include staff who were lawyers/ judges for the Government of Syria pre-2011
and sometimes also include religious personnel. Shari’a courts have been involved in issuing civil
documentation and/ or documentation necessary for the issuance of documents by the de facto
civil registries at times but generally Shari’a courts are separate from de facto land registries and
de facto civil registries, although sometimes housed in the same buildings as them. Shari’a courts
are often involved in HLP dispute resolution.
18 I NRC Assessment Report