The Assad regime enactment of Law 10 of 2018 provoked widespread concern and protest, including at the international level, due to its anticipated devastating social, economic, and humanitarian consequences on an unprecedented scale. After four years, the Law is officially to be implemented concerning the redevelopment of one area only, the northern entrance to Damascus, also known as al-Qaboun Industrial Zone. However, activating the Law in only one case, so far, and, at the same time, shifting away from it in other areas should not be interpreted positively but rather the opposite, considering the incentives behind the government’s decisions.

Since the start of the Syrian uprising in mid-March 2011, the Bashar al-Assad regime has issued at least 31 Housing, Land, and Property (HLP)-related legislations that many of them violate, directly and seriously, Syrians’ HLP rights. Among the most prominent examples is the Anti-Terrorism Law No. 19 of 2012. Per article 11 of this Law and its amendments in the Legislative Decree No. 63 of 2012 (article 1), law enforcement forces, including “the designated attorney general or any person delegated by him,” are authorized, at the early stage of investigating a terrorism-related crime, to freeze the accused person’s moveable and immovable assets.

Furthermore, infringing on property rights was the norm rather than the exception in Syria under the ruling Baath Party and the Assads, Bashar and his father, Hafez. The most conspicuous example is the Agrarian Reform Law No. 161 of 1958. More strikingly is Legislative Decree No. 20 of 1983. The Law, which is still in effect, gives every ministry, public administration and institution, administrative unit (governorate, city, and municipality), and public-sector foundation the right to expropriate any privately-owned or endowment-designated land. While expropriation has to be for establishing public-benefit projects, the list of projects included in the Law is so broad that it contains “all the projects within the jurisdiction of the public and public sector entities and their designated duties”, such as constructing buildings for the Baath Party and its affiliated youth organizations.
Nonetheless, Law No. 10 of 2018 was the legislation to grab the international community’s attention and protest like no other law that violates the Syrians’ HLP rights, specifically those enacted after 2011. As such, the first question that begs an answer is: what is exceptional about this Law that allows the government to create redevelopment zones across Syria? Furthermore, although the international pressure has resulted in two minor amendments, Law 10 is still in effect. Thus, after four years of its enactment, it seems helpful to examine the Law’s actual implementation.

Manar Rachwani is a Syrian journalist and researcher based in France. He was the Editor-In-chief of Syria Direct website, the Research Manager for Southern Syria at the Stabilisation Response Mechanism (SRM) program implemented by Adam Smith International, and the opinion editor and columnist at Al-Ghad daily newspaper of Jordan. 

Mr. Rachwani has M.A. in Political Science from Al al-Bayt University of Jordan, and B.A. in Law from the University of Jordan.