Damascus- The Union of Palestinian Jurists in Syria prepared a memorandum demanding that the Syrian Prime Minister retract the decision to treat Palestinians residing on its land as foreigners. The members of the Union considered – during a meeting at their headquarters in Damascus a few days ago – that the decision had negative repercussions on the economic, legal and humanitarian conditions of the Palestinians.
This memorandum was issued after activists, human rights activists, local media, and Palestinian organizations circulated news – last week – of stopping all real estate purchases for Palestinians in Syria as a whole, and treating them as “foreigners” with regard to owning real estate.
This is what the Action Group for the Palestinians of Syria indicated in a report on its official website on December 12, while the official Syrian media, or any other official body, did not circulate any details on this issue.
The paradox of the Palestinian and the foreigner
Resolution No. 1011 issued by the Syrian Council of Ministers in 2021 stipulates amending Paragraph (B) of Article One of the Law on Foreign Ownership of Real Estate, to become “the term non-Syrian means any natural or legal person who does not hold Syrian Arab nationality” without excluding Palestinian refugees from the text. the decision.
Karim, a lawyer and human rights activist in Damascus, who preferred to use only his first name, says, “The decision treats the Palestinian in Syria exactly like a foreigner with regard to the right to property ownership, and restricts him to the conditions that a foreigner is restricted to when he wants to own property,” such as the requirement to obtain the approval of the Ministry of the Interior, and that the The property is registered as a permanent title deed (green taboo).
The decision also requires that the “foreign” owner have a family, and is allowed to own only one property – for the purpose of housing – of no less than 140 square metres.
The impact of this decision on the Palestinian refugees in Syria, Karim added in an interview with Tel Aviv Tribune Net, that it creates an unjustified distinction between the Syrian and the Palestinian. “While the Palestinian is still treated like a Syrian in all transactions and fields, he is discriminated against at the level of real rights, especially the right to property, and is forced to According to the decision, ownership is limited exclusively to regular areas where real estate prices are many times higher than in other areas.
The human rights activist continues, “This decision restricts the freedom of Palestinians to dispose of the properties they own. Whoever among them today sells a property registered as a court ruling or a notary public will not be able to buy another property of the same type, but rather will be bound by the conditions set by the Foreigners’ Property Law No. 11 of 2011.” The property must be built with a legal license in accordance with the building police system, excluding the legal complications that he will face if he wants to benefit from the property by renting it.”
A member of the Union of Palestinian Jurists in Syria pointed out – in an interview with the Action Group for the Palestinians of Syria – that the executive instructions of Law No. 11 of 2011 regarding foreign ownership of real estate excluded the Palestinian from the phrase “non-Syrian.”
He added, “It appears that this exception has been canceled in accordance with Prime Minister’s Decision No. 1011 of 2021,” explaining that he was not able to verify its authenticity because there was no signature on the aforementioned letter, and there was a similarity in the wording to the content of Resolution No. 11567 of 2011.
Reversal of the situation
Before the issuance of Resolution 1011, Palestinians in Syria relied on owning real estate according to one of the following methods:
- A “court ruling” paper proving the purchase of the property that has not been sorted by state departments, because it is on land that is not suitable for construction.
- Or according to a title document notarized by a notary and not listed in the real estate registry.
- Or according to a regular contract between the seller and the buyer, accompanied by the fingerprint, signature, and signature of witnesses.
- Or through what is called a “residence permit,” which is a document granted to the Palestinian by the General Authority for Refugees, certifying that he was granted land ranging in size from 50 to 70 square meters.
Whereas, after the issuance of Resolution 1011, the Palestinian is no longer entitled to own a property except according to a title document registered in the real estate registry, called a “green taboo,” which stipulates that the property must be regular in a regular real estate zone, which means a double price compared to the price of real estate in agricultural or agricultural areas. Slum areas.
Orwa (26 years old), a Palestinian accountant in a private company in Damascus, told Tel Aviv Tribune Net, “With this decision, my dream of buying a residential apartment evaporates, as the lowest price for a residential apartment with the specifications mentioned in the decision will be around 500 million liras (approximately 35 thousand dollars), while my salary does not exceed 600 thousand liras ($42).”
He added, “I also had to get married and start a family before owning a residential apartment. This is a stark contradiction to my situation as a person who was born and raised in Syria, and this represents clear neglect by the decision of our situation as Palestinians who were born and lived (all) their lives in Syria, and no distinction should be made between them and the Syrians. This is The decision is prepared for foreigners and does not take into account our situation.”
A human rights movement
Human rights activists believe that the legal changes regarding ownership and other matters will double the burdens of the Palestinians inside Syrian territories, especially since they are subjected to constant harassment by excluding them from employment competitions and tests, and the difficulty of obtaining national numbers for their children who are under the age of 15, which leads to them not receiving their shares of food supplies. Via a smart card that takes the number of family members according to civil registries.
The Syrian laws related to the issue of real estate rights in Syria were strict with regard to foreigners’ ownership of real estate within Syrian territory, before the People’s Assembly approved amendments to the Property Law in 2008 and 2011, according to which foreigners were allowed to own real estate for the purpose of housing, provided that the foreigner resides in Syria is a legal residence.
Palestinians are excluded from the laws regulating the affairs of foreigners residing in Syria in accordance with Law No. 260 of 1956, which defines a non-Syrian as every person who does not hold Syrian nationality, with the exception of the Palestinian, according to the expression “Syrians and those like them.”
The Palestinian refugee registered in the General Authority for Palestinian Arab Refugees – which was established in 1949 to supervise the affairs of the Palestinians in Syria – is equal to the Syrian citizen in education, employment, trade, joining the educational service, and other civil rights, except for the right to vote and run for the Syrian parliament and local administrations.