Activists Establish Association to Repeal Decree 66

Lawyers, judges, engineers, and activists have established the “Decree Abolition Association” calling for the abolition of Decree No. 66 of 2012 and the restitution of property rights of original owners. At the same time, the Ministry of Justice is working to establish a joint judicial committee to confirm the rights of those previously denied them due to security persecution or the loss of documents, and the Damascus Governorate has begun studying hundreds of new applications for alternative housing in the Marota City project, alongside a review of subscription conditions.

Under Decree No. 66 of 2012, two zoning areas were established in Damascus city, according to new zoning plans, with the original owners of licensed properties compensated through zoning shares in designated residential plots for construction. These owners are entitled to apply to plots by combining their zoning shares, after which the governorate issues a decision allocating them. Subsequently, the rights holders may construct their residential plots at their own expense. Meanwhile, owners of unlicensed housing and agricultural land in the area prior to zoning are entitled to subscribe to alternative housing, though not for free.

Successive campaigns and broad social movements have recently emerged in Damascus calling for the abolition of Decree No. 66. The “Decree Abolition Association” was announced on May 18, comprising lawyers, judges, engineers, and activists, advocating justice for the original owners, especially residents of Kafr Souseh’s orchards whose properties were included in the zoning. The association’s launch was the culmination of extensive consultations both inside and outside Syria, according to its statement. It also called on all affected parties, at home and abroad, to join its cause. The association announced its intention to establish specialised committees comprising legal experts and representatives from the affected areas to formally present demands to the relevant authorities using legal, media, and popular tools.

The association issued what it called the “Association’s Charter of Honour,” which was signed by hundreds and pledged to work to overturn Decree No. 66, which it described as “a tool for forced displacement and the looting of rights holders.” One member of the association admitted to The Syria Report that repealing the decree would be challenging, given the construction work already undertaken on the ground, including infrastructure and buildings erected by rights holders on the plots. However, for him, the restitution of rights involves reclaiming the vast areas of land carved out by the Damascus Governorate and reorganised into investment plots. Damascus Cham Holding Company contracted investors and businessmen to develop investment projects on these plots. He also noted that one of the association’s main goals is to abolish the holding company.

Sources within the Damascus Governorate told The Syria Report that work is currently underway to form a joint committee with the Ministry of Justice, tasked with confirming ownership rights under Decree No. 66, especially for those subjected to security persecution or forcibly displaced and unable to confirm their rights. This committee will rely on the documents provided by the rights holders, which will be verified given that many original deeds and real estate records were damaged in areas such as Douma and Darayya.

According to a The Syria Report correspondent, the Damascus Governorate has, since the regime’s fall, received approximately 1,000 new applications from individuals who consider themselves entitled to alternative housing, bringing the total number of applicants to 7,000. Most of these new applications are from rights holders who were subjected to security persecution or displaced abroad. These applications are currently under review by a specialised committee formed by the Decree No. 66 Implementation Directorate. Preliminary results, according to governorate sources, indicate that some of the new applicants are entitled to one or more apartments, while others’ applications do not meet the criteria. Sources noted that some entitled applicants were previously only allowed to subscribe for one apartment despite being eligible for two or more, and work is now underway to rectify this.

The committee formed by the Decree No. 66 Implementation Directorate to review new applications is operating under Decision No. 112 of 2015, which set strict criteria for recognising entitlement to alternative housing, the most significant of which is that the occupant must have actually lived in the property from the date of issuance of Decree No. 66 until the time of eviction. Notably, Decision No. 112 itself is currently under review and subject to amendment. Information obtained by The Syria Report indicates that a joint committee has recently been formed between the Damascus Governorate and the Ministry of Housing to amend Decision No. 112 due to what was described as “the injustice suffered by the original owners.”