Changes to Investment Law Unveil Potential Property Rights Violations

Changes to Investment Law Unveil Potential Property Rights Violations

Date: April 2023

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During the revolution, the Syrian regime continued to disregard real estate rights, utilizing destructive military tactics to destroy cities and villages. Additionally, measures such as restrictions on real estate rights through security approval and the misuse of anti-terrorism laws were employed to dispossess property from opponents. Nepotism and corruption further fueled the appropriation of properties belonging to opponents and their supporters.

Moreover, real estate laws such as Law No. 10 of 2018, Law No. 23 of 2015, and Law No. 3 of 2018 were used as a tool to expropriate the property of displaced individuals. These laws were flawed in their application or contained defects in the legal texts, ultimately resulting in the unjust expropriation of properties from individuals who were already displaced.

In Syria, current laws and practices put the property of both men and women at risk of being lost, especially for those who are displaced. The Syrian regime has allowed investments from their supporters and allies by granting them facilitations and exemptions, achieved by cancelling the previous investment law (Legislative Decree No. 82007/) and replacing it with a new one (Legislative Decree No. 182021/).

However, the Real Estate Development and Investment Law No. 152008/ has remained an obstacle. This law sets regulations and guarantees for real estate development companies and protection for residents. To overcome this obstacle, the Syrian regime proposed an amendment to the investment law that cancels the real estate development law, thus allowing foreign companies to take over properties owned by Syrian men and women.

This paper tries to understand the impact of the abolishment of the real estate development law, it is crucial to consider the guarantees it provided for property and housing rights. It is important to examine these rights under the amended investment law.

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