Explained: Management of State Properties

The regulations governing the management of state properties have undergone various administrative and legal phases. These properties have been supervised by several institutions, directorates, and public bodies, the latest being the General Commission for the Management and Protection of State Properties (GCMPST), established under Law No. 43 of 2023.

Public and Private State Properties

According to Syrian legislation, state properties are divided into two categories: public and private. Public properties include real estate and movable assets owned by the state or legal entities such as state institutions, intended for public benefit. These properties cannot be disposed of, seized, or acquired by prescription. On the other hand, private state properties, as defined by State Property Law No. 252 of 1959, are not designated for public benefit. They belong to the state as a legal entity, regardless of whether they are under the state’s actual control or under the control of other individuals. Private state properties are classified into 12 types, the most notable being Amiri lands, properties registered in the Land Record in the name of the state, and abandoned and dissolved lands.

Agrarian Reform Institution

Since the 1950s, various Syrian legislations have been issued to address encroachments on public and private state properties. Notable among these are the State Property Maintenance Law No. 84 of 1955 and Law No. 273 of 1956, which does not recognise buildings constructed on state property through usurpation, seizure, or unauthorised occupation. However, the institutional framework for managing state properties began effectively during the era of the United Arab Republic (1958-1961), with the establishment of the Agrarian Reform Institution under the Agrarian Reform Law No. 161 of 1958. This institution was officially responsible for the maintenance and management of state properties and was independent of the Ministry of Agriculture. It enjoyed financial and administrative independence, governed by a board of directors with extensive powers. The institution’s authorities included confiscating land and distributing it to farmers, selling confiscated land to the private sector, and exchanging parts of confiscated land for cash or in-kind compensation.

In 1959, Law No. 252 was enacted, giving the Agrarian Reform Institution full jurisdiction over state properties, excluding properties that fell under the jurisdiction of ministries based on special laws. Article 7 of Law No. 252 of 1959 granted the board of directors of the Agrarian Reform Institution the authority to determine the rental value of state properties exploited by others without lease contracts or whose lease terms had expired, and to assess the value of state lands on which unauthorised buildings had been constructed.

State Property Directorate

In 1967, the Ministry of Agriculture was merged with the Agrarian Reform Institution, forming what is now known as the Ministry of Agriculture and Agrarian Reform. Alongside this merger, the powers of the Agrarian Reform Institution in overseeing expropriated lands were transferred to a newly established entity called the State Property Directorate. This new directorate was also given the responsibility of overseeing other private state properties, including abandoned and dissolved lands.

The directorate operated under the provisions of the Agrarian Reform Law No. 161 of 1958 and Law No. 252 of 1959. Unlike the Agrarian Reform Institution, the directorate lost its financial and administrative independence and became a department within the Ministry of Agriculture and Agrarian Reform.

The State Property Directorate has a simple organisational structure: a central directorate in Damascus, directly affiliated with the Ministry of Agriculture and Agrarian Reform, and regional offices in the provinces. These offices are responsible for distributing, selling, leasing, investing, and exchanging state properties within their jurisdiction. According to the Badia Law No. 62 of 2006, the lands of the Badia region were also added to the responsibilities and oversight of the State Property Directorate.

Directorate of State Property Affairs

It is important to distinguish between the State Property Directorate under the Ministry of Agriculture and Agrarian Reform, and the Directorate of State Property Affairs under the Ministry of Local Administration and Environment and its governorate offices. The latter is tasked with inventorying, investing in, and managing properties controlled by governorates, opening registers, organising the records of governorate real estate, and facilitating the transfer of state properties to governorate ownership.

General Commission for the Management and Protection of State Properties

On December 28, 2023, Law No. 43 was issued, establishing the General Commission for the Management and Protection of State Properties (GCMPST). The aim of GCMPST is to generate stable and lasting resources for the public treasury by managing, maintaining, and investing in private state properties. This GCMPST is based in Damascus and is affiliated with the Minister of Agriculture and Agrarian Reform.

The tasks of the GCMPST include implementing the provisions of State Property Law No. 252 of 1959 and Agrarian Reform Law No. 161 of 1958 and their amendments. These are the same laws that applied to the former State Property Directorate. The GCMPST is also permitted to establish branches in the provinces.

Law No. 43 of 2023 stipulates that the GCMPST will have a director-general and a board composed of eleven representatives from various ministries and bodies, chaired by the Minister of Agriculture and Agrarian Reform. The board includes the director-general of the authority, the assistant director of the authority, the director of the Directorate of Planning and International Cooperation Commission, representatives from the General Directorate of Cadastral Affairs, the Regional Planning Commission, the General Union of Farmers, the Ministry of Finance, and the Ministry of Water Resources. The board chair can invite relevant experts to attend council meetings without voting rights. The board’s responsibilities include approving strategies and annual plans related to the protection of private state properties, approving the annual budget proposal, and the annual report on the authority’s activities, proposing legislation related to the GCMPST’s work and internal regulations, and accepting donations and contracts with experts.