Legal Identity and Housing, Land and Property Rights of Syrian Refugees from a Durable Solutions Perspective Challenges and Opportunities Informal settlements According to the World Bank, prior to the conflict, one-third of Syria’s urban population lived in informal settlements – these are largely not recorded in any land registries.115 In these informal settlements, which were built primarily on private land but also on public and Awqaf land, alternative papers such as sales contracts, notarised documents, and even utilities documents were used to demonstrate ownership in the absence of a title deed (tabou). If such evidence is no longer available because it has been lost or destroyed, it is difficult to assert claims. The number of informal settlements has increased during the crisis116 and the pervasiveness of informal practices has complicated HLP governance.117 Missing or destroyed HLP documents Access to documentation is critical to ensuring refugees can assert their HLP rights and prove ownership of their assets.118 In Syria, physical records were often the only form of evidence issued; they were not supported by an electronic land registry. According to a 2020 UNHCR/NRC study with Syrian refugees in Jordan originating from Dar’a Governorate, over half of those interviewed did not have their HLP documentation due to loss or destruction during the conflict.119 In a 2019 UNHCR/NRC survey with Syrian refugees in Jordan, only one in five of the survey’s respondents stated that they were still in possession of their property documentation while in displacement, with even lower proportions for those originating from some governorates (e.g., only 9 per cent in Aleppo and 11 per cent in Hama).120 Female-headed households have been particularly affected, reporting documentation levels that are 10 per cent lower than the average for men.121 Reissuing documents122 would require that original records were complete, accurate and are still available, accessible and updated. Damage to land registries and court and notary records will likely complicate and draw out reissuing processes123 and present additional challenges for potential future reparations. 115 116 117 118 119 120 121 122 123 World Bank, 2019, The Mobility of Displaced Syrians: An Economic and Social Analysis, p. 12; Samir AITA and the Cercle des Economistes Arabes, 2020, Urban Recovery Framework for Post-Conflict Housing in Syria; Samir Aita et.al., Urban Housing and The Question of Property Rights in Syria, October 2017, p. 25. World Bank, 2019, The Mobility of Displaced Syrians: An Economic and Social Analysis. 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://reliefweb.int/report/lebanon/ longing-go-home-safety-and-dignity-intentionsand-perceptions-syrian-refugees-lebanon NRC Jordan, 2021, The Journey Home – Challenges and Barriers for Syrian Refugees in Jordan Returning to Syria. NRC & UNHCR, 2020, Reclaiming Home – HLP rights of Syrian refugees from Dar’a Governorate living in Jordan. UNHCR & NRC, 2019, Uncertain Futures – Legal and Civil Documentation, Housing, Land and Property (HLP) and Challenges to Return for Syrian Refugees, p. 5. Possession of HLP documentation was highest (28 per cent) in Damascus, followed by 23 per cent in Homs, 21 per cent in both Dar’a and Rural Damascus, but only 11 and 9 per cent in Aleppo and Hama, respectively. NRC & UNHCR, 2020, Reclaiming Home – HLP rights of Syrian refugees from Dar’a Governorate living in Jordan. If land registry archives have been preserved, Tabous and court decisions could be re-issued. However, the document might not be updated. NRC Jordan, 2021, The Journey Home – Challenges and Barriers for Syrian Refugees in Jordan Returning to Syria; KII for joint UNHCR/ NRC regional research, 2020. Photo: UNHCR / Lilly Carlisle 19