The Decades-Long Struggle of Suweida Farmers Reclaiming Farmlands that Became State Property

Registering agricultural land in the villages of Salah, Al-Haqf, Al-Salmiya, Namra, and Rasheeda in Suweida Governorate remains a contentious issue with significant implications for housing, land, and property rights. Farmers are demanding their historical rights to these lands, which they have owned and cultivated for decades before they underwent delimitation and census and gradually became state property. This is not merely an administrative dispute; its effects extend to economic, social, and environmental aspects.

The primary reason these lands became state property lies in the procedures followed by land delimitation and census teams in the late 1980s and early 1990s. These processes were marred by individual errors, lack of legal awareness, failure to inform communities about appeal deadlines, and poor communication with local residents. Additionally, the lack of official documents proving ownership played a key role, as most farmers had inherited the land over generations or had invested in and reclaimed it themselves. Consequently, in many cases, the committees classified the land as unused and registered it under state ownership.

In Namra, 400 hectares were registered as state property during the delimitation process in the 1990s on the grounds that farmers lacked official ownership documents, even though technical committees confirmed that the land was cultivated with fruit trees. In Al-Haqf and Al-Salmiya, 600 hectares were registered as state property in the same period, despite being passed down by farmers since the 1950s, due to the absence of formal documents. In Rasheeda, 1,000 hectares were designated as state property in 1988, though farmers had presented customary contracts that were legally recognised at the time. The land was deemed unused, despite being cultivated.

The land delimitation and census system, established under Decision No. 186 of 1926, governs the surveying of areas not yet documented in the Land Registry. This process results in the creation of official property records, the assignment of plot numbers, and the registration of ownership in the real estate authorities.

The head of the surveying team from the Directorate of Cadastral Affairs conducts the delimitation and census process, accompanied by the local village mayor, landowners, and a representative of the Directorate of State Property. Cultivated lands are registered under the names of those who use them as “Amiri” lands (a classification in the Ottoman land system). Uncultivated but usable land is recorded as state property, also under the Amiri classification. Barren, unusable land is registered as state property under the “abandoned communal land”  (matruka mafruka) classification. Forested land is also classified as state-owned Amiri land.

This system provides only a limited window for objections before the real estate judge issues a final ruling. After this, appeals can only be made in civil courts within a 15-year period. In addition to these regulations, the state’s claim over these lands is based on the 1959 State Property Law and Article 775 of the Civil Code, which states that the right to use Amiri land is forfeited if it remains uncultivated for five years. This results in the land reverting to state ownership.

The transformation of these lands into state property has had a significant impact on the affected farmers. They can no longer sell or inherit their land and are required by the Ministry of Agriculture to lease it in order to continue farming, placing an additional economic burden on them. Without official ownership documents, farmers have lost access to agricultural compensation, government support, loans, and even agricultural regulation documents, leaving them in an economically vulnerable position. The lack of legal recognition of their ownership has also hindered infrastructure development, as authorities have refused to construct agricultural roads to serve these areas.

The Directorate of Cadastral Affairs in Suweida maintains that its role in this matter is purely administrative – it enforces existing laws and does not have the authority to revisit these cases unless new legislation allows it. Meanwhile, the Ministry of Agriculture insists that the only available solution for farmers is to lease the land from the state, as is the case in other areas where farming has been permitted under annual rental agreements.

The consequences of this issue go beyond legal and economic aspects, affecting the social and environmental fabric of these villages. The crisis has weakened social cohesion, as farmers feel frustrated by the loss of their historical rights. At the same time, restrictions on land use have led to a decline in agricultural production, contributing to increasing desertification, especially given the decreasing rainfall levels.

Among the possible solutions to this crisis, past experiences could provide a model. In some cases, state-owned land has been transferred to local administrative units, allowing it to be resold to farmers under specific conditions. Some farmers have also managed to lease the land they lost, enabling them to continue farming despite the legal restrictions. However, the most sustainable solution would be the issuance of a special law redistributing these lands to the farmers who reclaimed them decades ago. Until such a resolution is reached, the farmers of Suweida remain locked in a prolonged struggle to reclaim land they consider an integral part of their heritage and identity.