Explained: How Rubble Removal Projects Overlook Ownership Rights

Syria’s governorates and municipalities sometimes announce rubble removal projects in areas affected by conflict. These projects are framed as part of the early recovery and rehabilitation efforts for war-damaged areas by the Syrian government.

The process appears technical rather than rights-focused. Even the contractual terms omit any reference to Law No. 3 of 2018, which pertains to removing debris from buildings damaged by natural or other causes or subjected to demolition under specific laws. This law grants property owners the right to the value of their debris, though it leaves the assessment of this value to administrative units after the debris is sold at public auction or recycled, deducting the costs of demolition and removal.

Debris removal projects take various forms: tender bids announced by municipalities, tenders announced by international non-governmental organisations, and auctions for recyclable materials.

Tender bids announced by municipalities

The tenders launched for rubble removal projects using the municipality’s equipment are the most common. Typically, municipalities announce these bids when they have a budget surplus.

These bids – known as “sealed envelope tenders” – require the contractor to submit a sealed envelope to the relevant governorate or municipality’s office. The sealed envelope contains three sub-envelopes:

• The first envelope includes a technical proposal, detailing the contractor’s planned procedures to complete the project, the timeline, the machinery to be used, and the number of workers and engineers needed.
• The second envelope, called the legal file, includes required documents such as the contractor’s commercial registration, membership card from the Chamber of Commerce, membership card from the Contractors’ Syndicate, personal identification, and a criminal record clearance. It also includes a signed letter of commitment to the contractual terms, along with the required financial stamps for the bid, and an initial guarantee typically worth 5-10 percent of the project’s estimated value. This guarantee is usually a bank bond, a certified bank cheque from a Syrian bank, or a cash deposit to the announcing authority (municipality).
• The third envelope contains the financial bid, detailing itemised costs for all project components and a total price.

Next, a tender committee convenes to open the envelopes, either publicly or privately as specified in the terms. Initially, companies undergo a technical assessment based on the legal file in the second envelope. Those that qualify move on to a comparison of technical proposals in the first envelope. Finally, qualified contractors from the second stage proceed to a financial bid comparison in the third envelope. The contract is usually awarded to the lowest bidder, and the initial guarantees are returned to the other companies.

Afterwards, the contractor carries out the project, overseen by a committee that monitors the removal and transportation process and inspects the site upon completion. Payments are issued based on the contractor’s adherence to the project timeline. Once the project concludes, the initial financial guarantee is returned to the contractor; however, a portion may be deducted for any delays. Failure to complete the project subjects the contractor to fines, forfeiture of the initial guarantee, and potential disqualification from future government contracts for a specified period.

Throughout the entire process and all contractual conditions, there is no reference to the ownership rights of the rubble. In practice, the rubble is treated like rubbish under the same contractual terms.

Tenders announced by INGOs

International non-governmental organisations (INGOs), licensed by the Syrian government, fund debris removal projects to support local communities. The process involves the INGO announcing a sealed-envelope tender that specifies the contract terms, estimated quantities of debris to be removed, and projected overall costs.

The Syria Report reviewed some of these contracts issued by INGOs for debris removal projects in Damascus and its outskirts. The tendering process and contractual terms lacked any reference to protecting the rights of the debris owners or to the legal framework governing the operations. These organisations did not require any proof of ownership or consent from property owners before debris removal.

As in the sealed-envelope tendering process described above, private sector contractors submit technical, legal, and financial proposals. The project is awarded to the lowest bidder. Due to sanctions preventing financial transfers to Syrian government entities, public sector participation is not allowed.

Following this, the contractor’s team uses heavy equipment to remove the debris, which is transported by trucks to landfills and dump sites. In Damascus and its outskirts, several official landfills are managed by the Solid Waste Management Directorate of Damascus Governorate, such as Saboura landfill to the west, the Kiswa and Ghazlaniya landfills to the south, and the Wadi Al-Safira dump on Mount Qasioun. Additionally, there are unofficial dumpsites, particularly the quarries north of Damascus.

Recyclable materials’ auctions

Auctions are held when debris contain recyclable materials such as iron, copper, and aluminium. These auctions are conducted by the relevant governorates or municipalities, and only legally qualified contractors can participate.

Eligible contractors must possess a commercial registration, a contractor’s certificate, a clear criminal record, prior experience in similar projects, engineering equipment, trucks, and labour. Contractors are also required to provide an initial guarantee, typically a bank bond, certified cheque, or a cash deposit, with the amount specified in the auction announcement.

The auction is conducted either in a public or private session attended by the contractors, and it concludes when the highest bid is reached and all other bidders have withdrawn. Alternatively, the organising body may announce the project as a sealed-envelope auction, where each contractor submits their bid in a sealed envelope. A committee then opens the envelopes and awards the contract to the highest bidder.

The winning contractor then transports the debris to a designated site for sorting, extracting valuable materials, and selling them to scrap dealers or metal foundries. Sand can also be extracted by crushing the debris and then sold. Remaining materials, such as soil and waste, are taken to landfills or dump sites. Typically, transporting extracted metals, like iron and copper, requires prior approval from the Economic Office of the Fourth Division of the Syrian regime, which controls the metals sector.

At no point in these tenders is there any mention of property owners’ rights to the value of metals extracted from their debris or their ability to use recycled materials.

On top of these three types of rubble removal projects, there are less formal means of debris removal, often involving corruption or compliance with dominant local forces. For instance, municipal employees may use official equipment to transport debris to authorised dumps, under the guise of a private contractor. In other cases, military units stationed near destroyed areas may seize debris under the pretence of constructing earthworks, using their own equipment and then recycling the debris.