A/HRC/45/31
disappearance and arbitrary detention, facilitated corruption among the security services
and armed actors. For example, in the vicinity of Madaya, Rif Damascus, the 4th Division
of the Syrian Arab Army utilized checkpoints to restrict the entry and exit of people and
goods into the area, which resulted in an increased cost of living. This was echoed in
eastern Ghutah, where the 4th Division confiscated items or required civilians to pay bribes.
In Hama Governorate, between Muhradah and Suqaylibiyah, checkpoints run by
government intelligence and security branches, as well as by the 4th Division, were used to
control crop production and extort money from the civilian population. Checkpoints in Rif
Damascus and Dar’a also restricted the access of the population to health care and other
basic services, as civilians feared arbitrary arrest, detention and conscription.34 The scarcity
of essential services was compounded by the lack of humanitarian access in these areas, due
to governmental restrictions on registration of NGOs, as well as the harassment of former
and current aid workers by the security services.
31.
Access to housing, land and property rights continued to be a significant obstacle for
many in the Syrian Arab Republic, particularly in formerly besieged areas. Civilians
reported that they were still being prevented from returning to their often-habitable houses
in Qaboun, Jawbar, Yarmouk camp and parts of Darayya. Checkpoints control the entry
and exit of all civilians to these areas, some of which were retaken by government forces in
2016. While broad reconstruction projects in areas such as Qaboun were announced with
scant detail in 2018, few measures have been taken to implement such projects, and the
subsequent denial of freedom of movement continues to result in civilians being denied
their property rights. In areas such as Yarmouk camp in Rif Damascus, no official plans
have been announced regarding redevelopment for the areas, yet the vast majority of people
are still prevented from visiting or living in their homes. This continues to compound an
already complex legal situation for thousands of Palestinians who, prior to the conflict, had
limited property rights.35
32.
The impact of counter-terrorism frameworks on the ability to exercise property
rights continued to be a concern.36 The Commission received reports that persons with socalled “security marks” had had their assets temporarily seized under national decree No.
66 of 2012.37 Various branches of the security intelligence services continued to use unclear
legal bases to deny civilians the ability to exercise their property rights. For example,
“security marks” were often applied to whole extended families and prevented not only
return to their property, but also sale and inheritance, as well as a plethora of civil, social,
economic and cultural rights. Moreover, such a mark can also affect an individual’s ability
to rent a property, as landlords may not issue a formal lease agreement, which in turn
reduces the tenant’s legal protection. In this regard, the Commission notes that previously
in the conflict, as well as during the past two years, thousands of properties belonging to
private persons have been seized and their assets frozen, including under the State’s
counter-terrorism legislation.
Rukban camp
33.
Rukban camp continued to host approximately 10,000 internally displaced persons
in dire conditions, with deteriorating access to health care, education and food. Interviewees
reported that prices of basic goods, such as flour and sugar, were more than twice as high as
34
35
36
37
8
Ibid., para. 73.
In the Syrian Arab Republic, married Palestinian refugees have the right to own a single property.
Other property deeds may only be registered by a notary, not at the cadastral registry department. This
can substantially reduce the legal protection in cases of expropriation or destruction. Moreover, the
land on which Yarmouk camp stands is owned by the General Authority for Palestinian Arab
Refugees, a Syrian entity, meaning that it is an “unofficial” camp. Most residents’ ownership
contracts were registered only with a notary, and, reportedly, many documents stored at the Yarmouk
court building were damaged during shelling in early 2013.
A/HRC/43/57, para. 75.
Security marks (ishara amnya) is a colloquial term and is used interchangeably with security
clearance (mawafaqa amnya) to connote those flagged by the various intelligence branches as persons
of interest. The legal basis used by the security services to restrict rights of individuals under this
framework is seldom clear.
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