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Home1 / HLP2 / Reports & Papers3 / Review of HTS Policies Concerning HLP Rights in Idlib4
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Review of HTS Policies Concerning HLP Rights in Idlib

17-12-2024/in HLP, Reports & Papers /by Alicia Medina

The Joint Operations Room  “Deterrence of Aggression” led by Hayat Tahrir Al-Sham (HTS) succeeded in toppling the Syrian regime on December 8. Two days later Mohammad Al-Bashir, head of the Salvation Government (SSG), was appointed as Prime Minister of the caretaker government, tasked with leading the transition until March 2025.

Since its establishment in November 2017, the SSG has addressed issues related to housing, land, and property (HLP) rights in its areas of control. A review of SSG’s previous decisions can shed light about the upcoming phase.

One of the most significant challenges faced by the SSG was addressing the aftermath of the February 6, 2023 earthquake, which caused the collapse of hundreds of properties in Idlib and parts of rural Aleppo. Additionally, the substantial population pressure resulting from displacement and forced migration to Idlib posed challenges regarding urban planning, population organisation, and the growing demand for housing. Furthermore, the SSG’s approach to handling the properties of Druze and Christian minorities – preceded by HTS and, earlier, Jabhat Al-Nusra – showed limited achievements.

Organising and numbering housing units and establishing a population database

The SSG’s Planning Directorate of the Ministry of Development and Humanitarian Affairs launched a project in 2021 to number housing units using Geographic Information Systems (GIS). The project aimed to create a comprehensive database of residents and buildings to better organise residential areas, improve service delivery, and direct aid more effectively.

Although the HTS-affiliated government has not published detailed information about the project, each housing unit was assigned a unique number displayed on its exterior wall, which now functions as an official address for transactions. NGOs operating in Idlib are also required to use these numbers in their beneficiary databases. This process allowed the Planning Directorate to produce accurate maps and diagrammes, detailing the locations of camps, schools, hospitals, bakeries, and even specific groups like widows, orphans, and war victims.

Expanding zoning plans

The influx of displaced populations from regime-controlled areas created a significant population surge in Idlib. In response, the SSG rapidly expanded zoning plans for urban areas and facilitated amendments based on public objections.

In May 2024, the Ministry of Local Administration and Services began accepting objections to the 2005 zoning plan for Idlib city while simultaneously conducting a topographic survey. General and detailed zoning plans were also developed for towns such as Harem, Sarmada, and Salqin, with some approved rapidly using urban planning standards.

To file objections, the ministry provided a clear process: residents needed to submit an official objection form, available at central municipalities and reception centres, along with documents related to the disputed property. These included a cadastral map and an ownership deed proving the claimant’s rights. Additionally, a written explanation of the objection had to be submitted, signed by the claimant or their authorised representative. All these documents were compiled into a single file that also included the claimant’s personal data.

Property tax reductions and exemptions

To alleviate financial burdens, the SSG reduced property fees by up to 90 percent for specific transactions and waived fees for small buildings. Prime Minister Mohammad Al-Bashir issued Decree No. 37 on March 6, 2024, which included exemptions and reductions as part of broader reforms to encourage urban growth and job creation.

The most notable part of the decree was the regulation of buildings constructed before March 1, 2024, treating them as existing structures. This meant that unlicensed buildings constructed before that date could be licensed according to the zoning regulations of each area and the zoning plans being issued progressively by the ministry. These buildings were not subject to demolition but had to undergo engineering inspections to ensure their structural safety, following the same procedures applied to new buildings.

Reclaiming public properties and evicting usurpers

The SSG’s Directorate of State Properties worked to reclaim public properties that had been seized by influential groups, including some affiliated with HTS and other factions such as Ansar Al-Tawhid and the Turkistan Islamic Party. In June 2020, the General Shura Council of Idlib passed Law No. 35, consisting of 24 articles, most of which addressed state-owned properties. This law was inspired by Syria’s 1959 State Property Law, still used in areas controlled by the Damascus government. However, no official version of Law No. 35 is available on the SSG’s online platforms.

The law requires those occupying state properties to regularise their violations, pay fines equivalent to twice the rental value, vacate the properties, and remove any violations. The SSG considers state properties in Syria to have automatically transferred to it as public assets. In most cases, violations are temporarily regularised as rentals, with the occupant paying rent without being granted any legal status as owner or investor. Occupants must vacate the property when required and return it to the relevant public authority or municipal administration.

Properties of Idlib’s Druze and Christian minorities

With the emergence of Jabhat Al-Nusra in Idlib in 2012, Druze and Christian minorities faced campaigns of displacement, repression, and property confiscation, as well as massacres in some instances. While HTS adopted a less hostile approach towards minorities after forming the SSG, it has not fully recognised their rights.

Jabhat Al-Nusra, like other Salafi jihadist groups, views the Druze of Jabal Al-Summaq in Idlib as “apostates”, requiring them to convert to Islam or face death. In 2015, Jabhat Al-Nusra gave the Druze a one-year ultimatum to convert or leave Jabal Al-Summaq. Before the deadline, the group tightened restrictions, killing and arresting several Druze individuals and confiscating a large portion of their properties, including homes and farmland. In June 2015, the group committed a massacre in Qalb Lozeh, killing 30 Druze individuals and displacing over half the population.

In 2018, HTS sought to rebuild trust with the Druze community and helped establish a unified local council to manage public services. This council managed some of the absentee Druze properties and used their revenues to improve municipal services. However, HTS continued to take over absentee Druze properties to house its members’ families and forcibly displaced people from Damascus and Homs. HTS leader Abu Mohammad Al-Jolani visited Qalb Lozeh in mid-2022, attempting to reassure the Druze about their safety and property rights. Despite these efforts, there is no accurate statistic on the properties seized from Druze families, though the SSG has returned some to their original owners or first-degree relatives since 2021.

A similar situation occurred with Christians in Ghassaniyeh, once the largest Christian village in the Jisr al-Shughour area of rural Idlib, home to approximately 10,000 Greek Orthodox residents before 2011. Despite forcing the HurrasEddin to leave the village in 2020, HTS did not persuade the displaced Christian residents to return. Instead, between 2022 and 2023, the SSG took control of absentee Christian properties, leasing them to nearby Muslim villagers while continuing to impose taxes on the remaining Christian residents.

Restructuring the Engineers’ Syndicate

The SSG has curtailed the role of the Engineers’ Syndicate, blaming it for the catastrophic outcomes of the February 2023 earthquake in informal and unlicensed housing areas. However, this accusation is not entirely accurate, as the syndicate does not have the authority to prevent construction violations or the spread of informal settlements, which were most affected by the earthquake.

In May 2023, the Ministry of Local Administration issued Decree No. 307, establishing the Engineering Affairs Directorate to take over tasks previously handled by the syndicate, such as reviewing engineering plans and project studies. A joint committee was also formed to draft a bylaws for the syndicate, which has not yet been finalised. The syndicate’s future role will likely be limited to registering engineers and organising engineering offices and companies.

Centralising administrative powers

After marginalising the Engineers’ Syndicate, the Ministry of Local Administration began transferring powers from local councils to centralised municipalities. This shift was justified by the ministry as a response to the widespread unlicensed construction before the earthquake.

The new municipal law divided Idlib into eight specialised municipalities responsible for issuing licences, inspecting construction, and overseeing compliance. Local councils now serve only representational and social roles, with no authority over technical or administrative services.

Housing earthquake victims

To address the housing crisis caused by the February 2023 earthquake, the SSG established temporary housing complexes with the assistance of NGOs, prioritising victims of the disaster. The earthquake left 2,114 dead and damaged 18,000 housing units in Idlib, according to official figures. The government and NGOs faced significant challenges in meeting the massive housing demands of displaced residents and returning refugees.

On February 12, 2023, the SSG established the Earthquake Victims Directorate under the Ministry of Development and Humanitarian Affairs. Its tasks were defined as documenting the affected individuals, following up on their needs, assessing their requirements, and working to meet them. During 2023, the Directorate oversaw the housing of 5,400 families affected by the earthquake in temporary residential complexes within camps. These families had previously been residing in 114 shelters in Idlib after their homes were either completely or partially destroyed.

These temporary residential complexes were not specifically built for earthquake victims but were established by NGOs, mostly Syrian or Turkish, to house camp residents in northern Syria. Most of these complexes were built on public land, each consisting of dozens of small residential units, with each unit measuring less than 50 square metres, and some being two-storey structures. The Earthquake Victims Directorate, in coordination with NGOs, prioritised housing earthquake victims in these complexes. Residents were granted the right to use the housing units, but not to own them.

Conclusion and recommendations

The SSG, as a technocratic entity, has demonstrated organisational flexibility in various issues, including using Geographic Information Systems (GIS) and numbering systems to improve housing management, adapting zoning plans to accommodate population growth, and responding quickly to crises such as the earthquake. It has also eased financial burdens through fee reductions.

However, its centralised governance model has diminished the independence of local communities. The unresolved issue of minority property rights remains a significant obstacle, highlighting the government’s struggle to fully break away from the legacy of Salafi jihadism and recognise minorities as equal citizens.

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https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Alicia Medina https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Alicia Medina2024-12-17 11:35:272025-02-11 11:23:17Review of HTS Policies Concerning HLP Rights in Idlib

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