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Lands Belonging to Residents of Regime-Held Aleppo Areas Undergo Public Auction

19-09-2023/in HLP, News /by Rand Shamaa

Hassan is trying to protect his family’s farmland after it was recently listed by the Directorate of Agriculture and Agricultural Reform in Aleppo governorate among properties offered for investment in public auctions. According to the Directorate, these lands in the southwest countryside of Aleppo are vacant and belong to people they describe as “absentees,” which include displaced persons and those forcibly expelled to opposition-held areas in northwestern Syria.

Since 2020, regime forces have established their military control over the region adjacent to the Damascus-Aleppo road M-5 in the southwest countryside of Aleppo, extending to the southern countryside of Idlib.

Local sources told The Syria Report that the lands being offered for investment in the southwest Aleppo countryside are located near the international M-5 highway, and administratively belong to villages and towns such as Kafr Aleppo, Al-Kaseebiya, Al-Bawabiya, Jeb Kas, and Arada. The region is known for rainfed grain crops such as wheat, barley, and lentils, and irrigated farming from wells, such as cotton and vegetables.

The Directorate of Agriculture and Agricultural Reform, located in the Jamiliya district of Aleppo city, published a list earlier this month of “absentee”-owned lands in the southwest countryside of Aleppo, in preparation for offering them for investment in public auctions. This list included Hassan’s family land. The Syria Report’s sources confirmed that all lands were listed for the upcoming public auctions, even though many of their owners are not absent but live in regime-controlled areas. Notably, some villages, like Al-Bawabiya and Al-Kaseebiya, are still considered closed military zones, and regime forces do not allow the displaced to return.

Hassan, who lives in regime-controlled Aleppo city, had planted the land last season through intermediaries from the pro-regime National Defence Militia, which controls parts of the southern countryside of Aleppo. Hassan was recently surprised to find his family’s six-hectare plot of land on the auction list.

The surprise discovery came after the death of Hassan’s father last year. The land is still listed under his father’s name in the Land Registry, which means it is currently communally owned amongst the heirs and has not yet been subdivided. To subdivide the property – that is, to divide it amongst the heirs, a legal inventory of inheritance needs to be carried out, determining each heir’s share of the land. Hassan and his siblings visited the Directorate of Agriculture, where an employee asked them to produce an inheritance inventory document. This would allow them to invest in the land without entering the auction, as they are direct relatives of the deceased.

The inheritance inventory document pertains to those whose death is confirmed either by factual proof or by legal judgment, according to the Personal Status Law No. 59 of 1953 and its executive instructions. It is a legal document intended to identify the deceased’s heirs who are entitled to inherit and their degree of kinship to the deceased.

The Council of Ministers had permitted, in its Decision No. 12011 issued in October 2022, for the first degree family members to invest in their vacant relatives’ lands intended for agricultural investment without entering public auctions. The council, relying on Ministry of Agriculture Letter No. 291 issued in September 2022, stipulated that immediate relatives – being the father, mother, daughter, and son – must announce the properties belonging to their relatives that they wish to invest in, 15 days prior to the date of the public auctions.

Indeed, the Directorate of Agriculture and Agricultural Reform in Aleppo announced several days ago the times and dates that they will hold special relative auctions for the lands being offered for investment in the southwest Aleppo countryside, according to local sources. The Directorate gave a deadline of October 5, 2023 for those interested in investing in their relatives’ lands to provide the necessary documents to enter the special auctions.

Huda, another area resident, is coping with a problem similar to Hassan’s. She is working to prevent the land of her father-in-law, that is, the father of her ailing husband, from undergoing public auction.

Huda went in early September to the Directorate of Agriculture in Aleppo to obtain a “No Objection” document to remove the land from the list being offered for investment in the southwest Aleppo countryside. The Directorate grants this approval if the landowner’s name is not listed in the wanted lists circulated by the security agencies to the directorates and institutions. This document allows the landowner to cultivate or lease the land, and its purpose is to account for the properties of those actually absent from the area, or those displaced outside the regime-controlled areas.

Huda’s father-in-law also resides in regime-controlled areas, but he is ill and unable to tend to the Directorate of Agriculture in person. During her visit to the Directorate of Agriculture, Huda had a property registration statement confirming her father-in-law’s ownership of the two-and-a-half hectare plot of land, as well as a copy of his ID. The employee at the Directorate refused to provide Huda with the “No Objection” document, insisting that the landowner must be present in person, carrying proof of his land ownership and identification. After much debate, the employee agreed that one of the landowner’s children or his wife could attend on their behalf.

In a First, Idlib Governorate Offers Absentee-Owned Olive, Almond and Fig Orchards for Public Auction

06-09-2023/in HLP, News /by Rand Shamaa

The regime-run Idlib governorate is continuing to seize lands owned by forcibly displaced absentees, offering the properties for investment via public auctions. For the first time, the latest auctions include agricultural lands cultivated with figs, olives and almond trees, as well as barren lands. Previously, in June and July, the governorate held its second annual auctions for pistachio orchards.

The governorate’s general secretariate announced last month it would hold public auctions to invest in absentee lands, including 1,160 hectares planted with figs, 200 hectares with almond trees, 80 hectares of barren, unwooded land, and 5,285 hectares planted with olives.

The fig plots are located in Kafruma, Haas, Basqala, Kafr Nubl, Jabala, Maarat Al-Numan, Hazarin, Kursa and Al-Fuqei. They also included a section west of the city of Maarat Al-Numan, along the front line between opposition and regime forces. On the regime side of this line is the Russian-backed 25th Special Mission Forces Division, formerly known as the Tiger Forces. This area regularly witnesses military operations and back-and-forth shelling.

The areas under regime control in the Idlib governorate are divided into three sections, known as the first, second, and third “stability zones” depending on how close they are to the frontlines. The first stability zone is closest to the frontline and thus the most dangerous, followed by the second and third zones. The first zone includes the town of Al-Habit, the cities of Khan Sheikhoun and Maarat Al-Numan, and their western countryside, as well as the cities of Saraqib and Khan Al-Subul. The second zone includes the towns of Al-Tamanah and Al-Tah, extending north to Sinjar. Finally, the third zone includes villages and towns that are further from the frontline, such as the town of Abu Al-Duhur and its countryside.

The western section of Maarat Al-Numan, currently up for investment, is within the first stability zone. This is a military area that the regime forces describe as a “deployment zone,” where civilians are prohibited from residing or returning to their homes. Officers have been dividing up these lands among themselves, with conscripts harvesting and drying the figs via unpaid forced labour. The officers then sell the produce to merchants and fruit and vegetable distributors in the region. Some of the produce is smuggled into opposition areas in Idlib and even to Iraqi markets.

Previously, neither the Hama nor Idlib governorates had any role in organising these investments; instead, the officers distributed shares of the profits among some local officials.

However, according to a local correspondent for The Syria Report, the fig orchards were placed under auction after disagreements arose over land- and profit-sharing among regime officers who had been exploiting them for their own benefit. Locals reportedly expect that these lands will be invested in by civilians close to the officers as a way to manage those disputes. This is because it is difficult for civilians to operate in this area without the security cover provided by influential regime officers.

The auctions were held between August 17-23, but solely for show, as the land was awarded to preselected individuals, according to the correspondent. The lands will be officially handed over to the investors through a formal handover record by governorate officials. It appears that the Idlib governorate is in a hurry to offer fig orchards for investment because the fig harvesting season ends in mid-September. The current price per kilogram of fresh figs in Al-Hal markets in the area is SYP 8,000, but most of the figs are sold dried, and they can sell for as much as SYP 30,000.

During that same period, the Idlib governorate general secretariat offered 200 hectares to be planted with almonds, apricots, peaches and plums for investment in auctions. These lands are spread across areas in southern rural Idlib: Khan Sheikhoun, Al-Tah and the eastern countryside of Maarat Al-Numan. This area is famous for pistachio cultivation and the almond trees are typically planted by farmers along the borders of their lands, rather than as a primary crop.

The governorate also held auctions between August 17-24 for investing in 5,285 hectares of land cultivated with olive trees, distributed across areas under regime control in Khan Sheikhoun, Maarat Al-Numan and Saraqib.

In all these recent auctions, the governorate general secretariat did not specify the investment conditions for lands planted with figs, almonds and olives, nor whether they fall under Public Contract Law No. 51 of 2004, as is the case with other auctions. Also, the announcement did not specify the initial security deposits or minimum bid price, unlike in other auctions.

Meanwhile, the Idlib governorate has announced it will offer 80 hectares of uncultivated, arable land for agricultural investment for the 2023-2024 growing season. The auctions are set to take place September 3-12.

Unlike the lands cultivated with figs, almonds and olives, these auctions for uncultivated lands have been organised in accordance with Public Contract Law No. 51 of 2004. This decision is based on a letter from the Ministry of Agriculture approving the areas offered for investment and confirming that they align with the ministry’s annual agricultural plans.

People who wish to participate in these auctions must first obtain security clearance and a certificate of good standing from the governorate’s Financial Directorate. They must also pay an initial deposit of SYP 1 million per hectare and submit an SYP 50,000 technical voucher. The winning bidder will pay 10 percent of the final bid amount as a final deposit to the Idlib governorate.

Explained: Zoning Shares and Who Gets Them Under Decree No. 66

08-08-2023/in Analysis & Features, HLP /by Rand Shamaa

Legislative Decree No. 66 of 2012, which established two zoned real estate areas within Damascus governorate as part of the general plan for the capital city, compensated some rights holders with zoning shares in these two areas. This article explains what is meant by “zoning shares” and how people obtain them.

Decree No. 66 clarified that those entitled to zoning shares are owners of built properties within the zoned real estate area who have proven their ownership with official documents and endorsements. This mainly refers to owners of properties that were registered and documented in the Land Registry prior to the establishment of the new zoned real estate areas. However, non-compliant owners who have built on public lands, or on private agricultural lands where construction is prohibited, might instead be allocated not free alternative housing but will not be entitled to zoning shares.

As for renters, Decree No. 66 stipulated that tenants of properties within the zoned real estate area whose rental agreements are subject to the provisions of the old Tenancy Law No. 111 of 1952 are also entitled to zoning shares. Essentially, this means that the property is officially documented in the Land Registry. In such a case, a tenant occupying the property is entitled to a share equivalent to 30 percent of the estimated value of the residential property they occupy, and 40 percent for a tenant occupying commercial property.

The 2012 decree also stipulated dividing the zoned real estate area into plots, which are jointly owned by the owners within the zone. The value of the plots are estimated and then distributed in the form of joint shares, or zoning shares, amongst the rights holders by a distribution committee. This committee is formed by a decision of the governor and is chaired by an advisory judge appointed by the Minister of Justice. It also includes two real estate appraisal experts appointed by the Minister of Housing, and two representatives from amongst the area’s property owners.

The zoning shares for each rights holder are calculated according to complex processes carried out by several committees, in accordance with Decree No. 66. To put it simply: an initial committee estimates the value in Syrian pounds of the properties owned by rights holders, which were constructed before the establishment of the zoned real estate area based on prevailing prices at the time of the procedure. Subsequently, the area becomes joint communal property of the rights holders, though each person theoretically retains their share. Following this, another committee calculates the Syrian pound value of the plots intended for construction, specifically designated for rights holders, as per the zoning plan. Each of these is referred to as a zoning plot. The Damascus governorate is entitled to allocate large areas within the zoned real estate area, free of charge, for the establishment of service or investment plots. There are no clear criteria for valuation, as these plots have not yet undergone construction. After the valuation, the value of the zoning plots is divided among the rights holders, who each receive their zoning shares.

The distribution committee issues its definitive final decision, which includes the names of those entitled to shares of the zoning plots as joint owners. The Damascus governorate also releases nominal data about the joint zoning plot shares and delivers them to the owners based on the distribution committee’s tables. This data should list the name of the zoned real estate area, the names of the shareholders, the number of shares, and the total count of shares for the zone.

Owners of the zoning plot shares can begin trading their shares within a year after the governorate announces the final distribution scheme. However, initially, the rights holder’s share ownership must be registered with the Damascus governorate. Subsequently, anyone can access ownership information of the shareholders from the share registry and obtain a certified copy in exchange for a fee set by the governorate. The governorate also charges a five percent fee of the traded share value for every share trading transaction.

The process of transferring and registering the ownership of zoning plots is conducted in the Land Registry, in accordance with the current status of the joint share owner. If someone has a large share, they can apply for an independent zoning plot that is equivalent in value to the shares they own. The executive office in the governorate then issues a decision to allocate the plot and register it under that person’s name. This decision is announced on the governorate’s notice board and a copy is sent to the Directorate of Cadastral Affairs for the property registration procedure.

For those who own smaller shares that don’t equate to an independent zoning plot, Decree No. 66 allows them the option to establish a joint-stock company under the Companies Law. In this scenario, the governorate issues a decision to allocate the shares to the company, announcing it on their notice board. The governorate also sends a copy of this decision to the Ministry of Economy and Trade for establishing a joint-stock company and another copy to Cadastral Affairs for registering the plot ownership under the company’s name. Properties within the decree’s zone of implementation are exempted from land registration fees.

Decree No. 66 prohibits the ownership and allocation of more than one zoning plot, whether by individuals or companies. If it is not feasible to establish or join a company, the only option left for a small shareholder is to sell their shares via public auction. In such cases, the Damascus governorate forms a special committee, in accordance with Contract Law No. 51 of 2004, to sell the zoning plots. The proceeds from the sold plots are then deposited in the Damascus governorate’s account at the Central Bank of Syria, labelled as a “trust account”. The governorate may not use the funds of the owners of the sold zoning plot shares. This group of zoning share owners is the most adversely affected as they are forced to sell at auction prices that builders compete for.

The Directorate for Implementation of Decree No. 66, which is affiliated with the Damascus governorate, announced the commencement of share trading for the second regulatory zone south of the Southern Ring Road, called Basilia City, starting from May 15, 2023. The trading period will last until May 15, 2024. A square metre consists of 339,615 shares, according to the the Finance Directorate of the Damascus governorate. Article 25 in Decree No. 66, set the price of a single share at SYP 1.

Idlib: ‘Settling’ One’s Status Doesn’t Prevent the State from Auctioning Lands

27-09-2022/in HLP, News /by Rand Shamaa

Despite an ostensibly warm welcome shown by pro-government media towards returnees in the Idlib governorate, government investment in lands belonging to displaced absentees is moving forward at full throttle.

According to pro-government media, 28 families – around 140 people – have returned to the Idlib governorate under renewed regime control. Their return follows the opening of a “settlement centre” in Khan Sheikhoun, the regime’s temporary administrative capital for the governorate, on September 5. The centre is meant to conduct security checks on returnees, including “settling the statuses of military deserters and those who have not completed mandatory military or reserve service,” according to the Idlib governorate’s official Facebook page.

Currently, there is no crossing point between areas of Idlib held by the opposition and Hay’at Tahrir Al-Sham and those held by the regime. Instead, returnees must travel from northwest Idlib to areas controlled by the Syrian Democratic Forces in Northeast Syria and cross through the Al-Hamran and Aoun Al-Dadat crossings in rural Aleppo governorate. From there, returnees follow a road through the Al-Tayheh crossing in northeastern Aleppo governorate, which takes them into regime-held territory.

Returnees to southern Idlib came in a convoy of 15 cars and buses, which was organised by various different forces on the ground. The trip went smoothly, with the passengers moving through various areas of control after paying the costs of their journey.

Most returnees are women, children, and men over the age of 45 years. They must pass through the Khan Sheikhoun settlement centre to undergo security checks. Because of this, the recent convoy did not include any young men, who feared being conscripted for mandatory regime military service or the reserves or being detained and prosecuted for “treachery,” “terrorism,” and other charges. The settlement process does not exempt people from having to visit the security services, which summon all returnees regularly.

According to a correspondent for The Syria Report in the area, only two families among the recent returnees returned to the southern Idlib village of Al-Deir Al-Sharqi, which in 2004 had a population of around 4,000. Around 20 families have returned to the village over the past two years, albeit all from regime-held areas. On September 11, Al-Deir Al-Sharqi held a public ceremony “thanking” the military and political leadership in Syria for facilitating the returns. The village’s Baath Party branch informed residents that they must attend the ceremony to ensure a large turnout and promote the government’s propaganda about returnees. After the ceremony, the Political Security branch in Hama summoned three people from Al-Deir Al-Sharqi who didn’t attended. The men were called into the branch more than once.

The main reason that displaced people are returning from opposition-held areas to their hometowns, which are now under regime control, is to preserve their properties, the correspondent reported. They also suffered poor living conditions in their host communities.

The timing of their return makes this reasoning evident. The Idlib governorate organised a new round of public auctions on September 14 for bidders to invest in agricultural lands of absentees for the 2022-2023 season. The convoy mentioned above arrived before the scheduled date of the auction, ensuring that returnees could prove their physical presence and prevent their lands from being auctioned.

In June, the Idlib governorate publicly auctioned pistachio farms owned by absentees.

The governorate also announced that it would soon auction olive groves owned by displaced farmers. Applications for participating in the auction opened on September 21 at the Idlib governorate’s main building in Khan Sheikhoun. This is the first time the governorate will hold an auction for olive groves since its administrative split with the Hama governorate in early 2022.