Syria’s legislative framework

Emma Beals
Aug 25, 2017 · 3 min read

Considerations around the future of Syria, peace-building, stabilization, and reconstruction, will be framed within the legislative framework in place in the country. As such, understanding the nature of that framework, and its implications for policy and future interventions, is essential.

The following is a work-in-progress collection of the legislation that will impact the way key conflict conditions will operate in the future, to include; HLP, refugee return, governance, protection, and economic factors. Some legislation pre-dates the war, some has been added during the conflict. There is, of course, a vast constitutional framework dealing with most matters, but this list will focus on legislation with more immediate implications.

Additional notes on the way each piece of legislation will impact the future of Syria will be added over time. Please be in touch with additions, subtractions, clarifications, or requests for further insight on a specific legislative area.

The Syria Report is creating a database of English translations of relevant legislation, and the Syrian Law Journal provides a regularly updated summary of all legal changes. Both are essential reading for those whose work requires a deep understanding of these subjects.

Civil Matters

Civil Status Law — Law 26/2007 [with amendments through 2017] — deals with the civil status of Syrian nationals, both in country, and abroad.

Conflict and Military

General Amnesty Law — Legislative Decree 32/2015 [ Amended in Legislative Decree 15/2016 and amendment by way of extension in decree 11/2017]
Early iterations of the ‘general amnesty’ related to an amnesty on military deserters, later versions included provision of amnesty to those wanted by regime who turn themselves in, or lay down their arms.

Military Service Law: 18/2003 — lays out the framework for the organization of the military and military service.

Anti-Terrorism Law: 19/2012 — Pertains to those committing acts of terrorism in Syria, primarily armed opposition, but including those using media to share information about these acts.

Constitution

Syrian constitution 2012. Adopted by referendum on February 27, 2012 — Redrafting of the constitution has formed a pillar of peace talks. A draft revised constitution was tabled by the Russians in 2016.

Economic

Private Public Partnerships: Law 5/2016 — provides the framework for reconstruction works, allowing contractual arrangements between government entities and private enterprises, primarily through holding companies, under which private trading entities, who are able to draw a profit from their works, sit.

Governance

Local Administration Law: Decree 107/2011 [amendment added through Law 11/2015] — sets the framework for increasing powers at local administration level in Syria. Currently being revised.

HLP

Civil Code: 84/1949 — deals with bulk of property law matters.

Decree 66: legislative decree (66/2012) — covers land use planning regulations and construction and sale of real estate.

Determination of Border Areas: Law 41/2004 — deals with issues relating to land use and ownership in border areas.

Land-Use Planning Law: 82/2010 — Urban Planning Law: Law 23/2015 — includes definitions of all urban construction-related terms, regulates land use and sets the rules of urban planning and construction

Property Registration Law : Legislative Decree 11/2016 — Suspends registration of property in registries closed due to conflict.

Refugee returns

Presidential decree n°1623 of 1970 — There is a lack of clarity around the manner in which this legislation which mandates Syrians exiting the country must have an exit visa will be applied to Syrians who have fled during the conflict, and try to return.

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Written by

Emma is an award-winning independent investigative journalist, producer, and analyst. She covers the conflict in Syria, and all things aid.

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