Legal Identity and Housing, Land and Property Rights of Syrian Refugees from a Durable Solutions Perspective Challenges and Opportunities 2.3 Syrian HLP legal framework HLP rights are set out in the 2012 Constitution of the Syrian Arab Republic, as the right to own property and the right to fair compensation for human rights violations. The Constitution and the Civil Code both guarantee that no one may be deprived of his/ her property except in accordance with the law.64 The Syrian Constitution also guarantees equality before the law and equality of opportunity for all its citizens.65 Since 2011, over 35 new laws and regulations that directly and indirectly relate to HLP have been adopted, representing roughly one-third of the overall legislation on HLP.66 In particular, amendments have been made to land registration, tenancy, zoning and planning laws and regulations. According to the World Bank, these changes to the legislative and regulatory framework have had the overall effect of weakening the security of tenure throughout Syria, particularly affecting displaced persons. This is likely to further complicate the situation for refugees and returnees seeking to access their property.67 64 65 66 67 68 69 In addition to a statutory framework for land governance, there are many different customary land usage rights in each locality, based on historical practices; the underlying tenure system is governed by a range of statutory, customary, and Islamic systems. While land registries existed in all 14 governorates prior to the crisis, these only captured property transactions that occurred within the statutory system. Many transactions and subdivisions of land were never recorded in registries to avoid paying taxes, and land passed on through inheritance was not always registered in the name of heirs.68 Government data indicates that up to 50 per cent of the land in Syria was not formally registered before the conflict.69 Syrian Constitution 2012, art. 15; Syrian Civil Code, art. 77. Syrian Constitution 2012, art. 33. UNHCR & NRC, 2019, Uncertain Futures – Legal and Civil documentation, Housing, Land and Property (HLP) and Challenges to Return for Syrian Refugees. World Bank, 2019, The Mobility of Displaced Syrians: An Economic and Social Analysis, p. 12; and UNHCR, 2018, A Longing to Go Home, in Safety and Dignity – Intentions and Perceptions of Syrian Refugees in Lebanon About Their Future, p. 17, https://data2.unhcr.org/en/documents/details/63310 World Bank, 2016, Will forcibly displaced Syrians get their land back? https://blogs.worldbank.org/arabvoices/will-forcibly-displaced-syrians-get-theirland-back World Bank, 2016, Will forcibly displaced Syrians get their land back? https://blogs.worldbank.org/arabvoices/will-forcibly-displaced-syrians-get-theirland-back Photo: UNHCR / Lilly Carlisle 10