Damascus – The Union of Palestinian Jurists in Syria has drafted a memorandum demanding the Syrian Prime Minister's Office to backtrack on the decision to treat Palestinians residing in Syria as foreigners. Members of the Union, during a meeting at their headquarters in Damascus few days ago, considered the decision's negative implications on the Palestinians' economic, legal, and humanitarian conditions.
This memorandum was issued following discussions last week among activists, jurists, local media outlets, and Palestinian organizations regarding a halt to all real estate purchasing operations by Palestinians in Syria and treating them as "foreigners" with regard to property ownership.
The decision No. 1011 issued by the Syrian Council of Ministers in 2021 amends paragraph (b) of Article 1 of the Foreigners' Property Ownership Law to read "a non-Syrian refers to any natural or legal person who does not hold Syrian Arab nationality," without exempting Palestinian refugees from this ruling.
Karim, a lawyer and human rights activist in Damascus who preferred to only use his first name, states that "the decision treats Palestinians in Syria as exactly foreign when it comes to property ownership rights, subjecting them to the same conditions imposed on foreigners, such as the requirement to obtain approval from the Ministry of Interior, and that the property must be registered as a permanent ownership deed (green tabu)."
The decree also stipulates that the "foreign" owner must have a family and allows them to own only one property – for residential purposes – with a minimum size of 140 square meters.
Following this decision on Palestinian refugees in Syria, Karim continues in his conversation with Al Jazeera Net, that it creates an unjustified discrimination between Syrians and Palestinians. "While Palestinians are still treated as Syrians in all transactions and areas, they are discriminated against in terms of real rights, particularly property rights, and according to the decision, they are compelled exclusively to own in regulated areas where real estate prices are several times what they are in other areas."
Karim further explains: "This decision restricts Palestinians' freedom to dispose of their properties. Those selling a property today registered as a court ruling or notarial deed will not be able to buy another of the same kind, but will be restricted by the conditions set by the Foreigners' Property Ownership Law No. 11 of 2011, that the property must be built with a regular license according to the building control system, aside from the legal complexities they will face if they want to benefit from the property by renting it."
A member of the Union of Palestinian Jurists in Syria noted in a talk with the Working Group for Palestinians of Syria that the executive instructions of Law No. 11 of 2011 on foreign property ownership had exempted Palestinians from the term "non-Syrian."
The member added, "It seems that this exemption has been abolished according to the Prime Minister's Decision No. 1011 of 2021," explaining that he could not verify its authenticity due to the absence of a signature on the said letter and the phrasing being similar to the content of Decision No. 11567 of 2011.
Prior to the issuance of decision 1011, Palestinians in Syria depended on owning properties through one of the following methods:
- A "court ruling" document that confirms the purchase of a property not registered with the state’s agencies, because it is located on land unfit for construction.
- A notarially certified ownership document not listed in the property registry.
- An ordinary contract between the seller and the buyer, appended with fingerprints, signatures, and witnesses' signatures.
- Or through the so-called "residency permission," which is a document granted to a Palestinian by the General Authority for Refugees, attesting the granting of land ranging from 50 to 70 square meters.
However, following the issuance of decision 1011, a Palestinian no longer has the right to own a property unless it is a property registered in the real estate registry, known as "green tabu," and it is required that the property be regular within a regular real estate area, meaning a significantly higher price compared to properties in agricultural areas or informal settlement areas.
Arwa, a 26-year-old Palestinian accountant working for a private company in Damascus, tells Al Jazeera Net, "With this decision, my dream of buying a residential apartment evaporates. The minimum price for a residential apartment with the specifications mentioned in the decision is around 500 million Syrian pounds (approximately $35,000), while my salary does not exceed 600,000 Syrian pounds (about $42)."
He adds, "It has also become mandatory for me to marry and start a family before owning a residential apartment, which starkly contradicts my status as someone born and raised in Syria. This decision blatantly neglects our situation as Palestinians who were born and have spent their entire lives in Syria, and should not be discriminated against in comparison with Syrians, as this decision is tailored for foreigners and does not consider our circumstances."
Human rights activists believe that legal changes concerning ownership and other matters will increase the burdens on Palestinians within Syrian territories, especially since they are continuously restricted by being excluded from employment competitions and tests, and face difficulty in obtaining national numbers for their children under the age of 15, leading to their ineligibility for their share of subsidized goods through the smart card that is distributed based on family size according to civil registration records.
Syrian laws related to property rights have been stringent concerning foreigners owning properties within Syrian territories. However, after the People’s Assembly passed modifications to the ownership laws in 2008 and 2011, foreigners were permitted to own property for residential purposes, provided that the foreigner was residing legally in Syria.
Palestinians are exempted from laws governing the affairs of foreigners residing in Syria in accordance with Law No. 260 of 1956, which defines a non-Syrian as anyone who does not hold Syrian nationality, with the exception of Palestinians, termed "Syrians and those of equivalent status."
Palestinian refugees registered with the "General Authority for Palestinian Arab Refugees" – established in 1949 to oversee Palestinian affairs in Syria – are entitled to the same rights as Syrian citizens in education, employment, trade, military service, and other civil rights, excluding the right to vote or run for the Syrian Parliament and local administrations.
