Housing, Land & Property Issues in Lebanon: Implications of The Syrian Refugee Crisis August 2014
Housing, Land & Property Issues in Lebanon: Implications of The Syrian Refugee Crisis August 2014
تم تنفيذ هذه املطبوعة بواسطة املفوضية السامية لألمم املتحدة لشؤون الالجئني وبرنامج األمم املتحدة
إن محتويات هذه املطبوعة ال ميكن بأي حال أن تعكس.للمستوطنات البرشية بدعم من االتحاد األورويب
. كام أنها ال متثّل بالرضورة وجهة النظر الرسمية للمفوضية السامية،وجهات نظر اإلتحاد األورويب
All rights reserved. No part of this publication maybe reproduced, stored in retrieval system or transmitted
in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without
prior permission of UNHCR/UN-Habitat.
The United Nations High Commissioner for Refugees, UNHCR, the UN refugee agency, works to protect
and assist those fleeing war and persecution. Since 1950, we have helped tens of millions of people find
safety and rebuild their lives.
The United Nations Human Settlements Programme, UN-Habitat, is the United Nations agency for
human settlements. It is mandated by the UN General Assembly to promote socially and environmentally
sustainable towns and cities with the goal of providing adequate shelter for all. UN-Habitat’s programmes
are designed to help policy-makers and local communities get to grips with the human settlements and
urban issues and find workable, lasting solutions.
Editorial
Houda Mouawad
We would like to thank all actors who contributed to through providing their opinions and sharing
their expertise which greatly informed this study. These include, but are not limited to, actors from
various organizations such as: the Norwegian Refugee Council (NRC), the Danish Refugee Council (DRC),
the Swiss Agency for Development and Cooperation (SDC), the International Organization for Migration
(IOM), the United Nations Development Program (UNDP), the Consultation and Research Institute (CRI)
and Human Rights Watch (HRW). Special thanks go to the staff of the various field offices of the United
Nations High Commissioner for Refugees (UNHCR) for their extensive and generous support especially
in the field work which greatly enriched the findings of the study.
We also express our gratitude to experts in governmental institutions such as the Council for
Development and Reconstruction (CDR) and the Directorate General of Urban Planning (DGUP).
Furthermore, we highly appreciate the time and input of the Heads Unions of Municipalities (UoMs)
especially in Sahel Al Zahrani and UoM of Al Sahel, and to mayors of the Municipalities across Lebanon
(in South Lebanon: Rmeileh, Tibneen, Yohmor, in the Bekaa: Bar Elias, and in Akkar: Rahbe, Al Mqaitea,
Kfar Melkeh, Kaabarin, Al Ramoul, Mashha, Tal Abbas Gharbi, Miniara, and Halba). We would also like
to thank Mr. Micheal McCandles for his input.
Finally, special thanks to the refugees and host communities who welcomed us at their homes
whether in urban settings, villages, or informal settlements and shared their personal experience and
view of the crisis.
CONTENTS
ACKNOWLEDGEMENTS
INTRODUCTION 01
PURPOSE OF THE STUDY 01
METHODOLOGY 02
DOCUMENT STRUCTURE 02
CHAPTER 1
KEY FINDINGS AND RECOMMENDATIONS 05
1.1 KEY FINDINGS 06
1.2 RECOMMENDATIONS 10
CHAPTER 2
THE HOUSING, LAND AND PROPERTY CONTEXT IN LEBANON 15
2.1 DEMOGRAPHICS, HOUSING STOCK, & TENURE 16
2.2 HOUSING MARKET & GOVERNMENT POLICIES 16
2.3 INSTITUTIONAL FRAMEWORK FOR HOUSING & URBAN DEVELOPMENT IN LEBANON 18
2.4 THE DOMESTIC LEGAL FRAMEWORK FOR HOUSING IN LEBANON 20
2.5 LEBANON’S OBLIGATIONS UNDER INTERNATIONAL LAW 26
CONCLUSION 29
CHAPTER 3
SYRIAN ACCESS TO SHELTER IN LEBANON 31
3.1 OVERVIEW OF SYRIAN REFUGEE SHELTER AND HOUSING OPTIONS 32
3.2 REVIEW OF THE MAIN REFUGEE SHELTER OPTIONS 34
3.3 COMMON ISSUES ARISING ACROSS ALL SHELTER OPTIONS 41
CONCLUSION 48
CHAPTER 4
CASE STUDY OF REFUGEE IN AN URBAN CONTEXT: AL NABA’A 51
4.1 NEIGHBORHOOD TRANSFORMATION 53
4.2 SOCIAL NETWORKS AND RESILIENCE 54
4.3 HOUSING TYPES, QUALITY AND ACCESS TO SERVICES 55
4.4 RENTAL ARRANGEMENTS IN NABA’A 57
CONCLUSION 61
CHAPTER 5
CASE STUDY OF REFUGEE HOUSING IN A RURAL CONTEXT: AKKAR 63
5.1 INFORMAL SETTLEMENTS IN NORTH LEBANON 64
5.2 RENTED ROOMS AND APARTMENTS 66
CONCLUSION 70
BIBLIOGRAPHY 71
LIST OF ACRONYMS AND ABBREVIATIONS
CAS Central Administration of Statistics
CDR Council for Development and Reconstruction
CEDAW International Convention on the Elimination of All Forms of Racial Discrimination
CESCR Committee on Economic, Social, and Cultural Rights
COC Code of Obligation and Contracts
CRI Consultation and Research Institute
DGU Directorate General of Urbanism
DRC Danish Refugee Council
GDP Gross Domestic Product
HLP Housing, Land, and Property
HRW Human Rights Watch
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social, and Cultural Rights
ICLA Information, Counseling and Legal Assistance
IOM International Organization for Migration
IS Informal Settlements
ITS Informal Tented Settlements
LBP Lebanese Pound
MoIM Ministry of Interior and Municipalities
MoSA Ministry of Social Affairs
NGO Non-Governmental Organization
NRC Norwegian Refugee Council
PCH Public Corporation for Housing
PRS Palestinian Refugees from Syria
RER Real Estate Registry
SDC Swiss Agency for Development and Cooperation
SSU Small Shelter Units
UDHR Universal Declaration of Human Rights
UN-Habitat United Nations Human Settlements Programme
UNDP United Nations Development Programme
UNHCR United Nations High Commissioner for Refugees
UoMs Union of Municipalities
USD United States Dollar
INTRODUCTION 1
The Housing, Land and Property Impacts of the Syrian Refugee Crisis
a comprehensive national strategy to respond
to the crisis, humanitarian actors have increased
their cooperation with municipal authorities. In
fact, municipalities have in many cases been the
Government’s “first responders” to the refugee
crisis. There are signs, however, that municipalities’
capacities are increasingly strained and that they
are becoming more and more frustrated with the
situation.
L
situation is further exacerbated with the arrival of
ebanon hosts the highest number of new refugees, reducing hence the availability of
Syrian refugees in the region. UNHCR housing and increasing the risk of eviction. The
estimates that over one million refugees presence of these refugees has also had adverse
currently reside in Lebanon, in addition consequences for host communities due to
to at least 50,000 Palestinian Refugees from Syria increased competition over affordable housing,
(PRS).1 Most of this influx has occurred in the past the inadequacy of the existing infrastructure and
year. In January 2013 the refugee population was services, and competition over limited employment
less than 150,000, but grew almost six-fold during opportunities.
2013. It is estimated that today 1 out of every 5
residents in Lebanon is a refugee. These refugees PURPOSE OF THE STUDY
are distributed across the country, with the highest
population concentrations in the Bekaa (35%), In light of these challenges, UNHCR and UN-
Beirut (25%), and North Lebanon (25%). Most Habitat conducted an assessment of housing, land
of these refugees are settling in cities and peri- and property (HLP) issues related to the Syrian
urban areas outside towns and villages, creating refugee crisis.4 This report reviews the impact of
different challenges from those normally found in the crisis in four specific areas: (i) shelter options
a rural context.2 available to refugees; (ii) HLP rights of refugees
and host communities; (iii) housing and property
The Syrian refugees’ crisis has had a huge markets; and (iv) land-use, particularly in heavily
impact on Lebanon. At the onset of the crisis, impacted cities and towns, but also in rural areas.
host communities in Lebanon welcomed and
supported many refugees, sometimes without The purpose of this research study is to
asking for anything in return.3 However, as the inform humanitarian and government entities
crisis has become prolonged, supporting refugees and help in designing policies, planning decisions
has become an increasing burden on communities and programs so as to ensure that refugees and
and public authorities alike. In the context of a vulnerable Lebanese families have access to safe,
weak central government and in the absence of affordable and adequate shelter.
The Housing, Land and Property Impacts of the Syrian Refugee Crisis
T
he key findings and recommendations
are organized into five topics: shelter
conditions and trends; housing markets;
housing, land, and property rights;
settlement patterns and land use; and governance.
The recommendations follow the same broad
structure, but also include suggestions regarding
potential pilot projects that combine several
recommendations into an integrated program
approach. In general, the recommendations are
organized to present short-term measures first.
1.1 KEY FINDINGS fold increase of people seeking shelter.
5 See, e.g., NRC (2014), A Precarious Existence: The Shelter Situation of Refugees from Syria in Neighboring countries, June 2014.
6 Global Strategy for the Settlement and Shelter, a UNHCR Strategy 2014-2018. Geneva, Switzerland.
T
his chapter provides a brief introduction
to the pre-crisis housing, land and
property context in Lebanon.7 It begins
with an overview of population and
housing information, followed by a description
of the housing market. The domestic legal
and institutional framework is then discussed
– including issues related to property types,
registration, construction rules, leases and
rental agreements, squatting, and evictions. The
chapter then provides a brief review of Lebanon’s
international obligations with respect to the
right to adequate housing, and more specifically,
refugee rights.
10 It is worth to note that there are 200,000 apartments or so which remain under the so-called “old rental law”, and hence under pre-1992 rental
contracts at highly subsidized prices. This law has recently been revoked by the Parliament, freeing old rents over the next decade. However, the decision
is yet to come into effect, as it has not been ratified by the President.
11 Fawaz, M. and I. Peillen, 2002. Slums of Beirut, download at: http://www.ucl.ac.uk/dpu-projects/Global_Report/pdfs/Beirut.pdf
12 See Clerc (2013).
13 See Ramco Study findings in Al Akhbar, Feb. 14, 2014.
14 Bank Audi, Annual Report, Lebanon Real Estate Report, Dec. 2013.
15 Bank Med, Analysis of Real Estate Transactions in Lebanon (2008-2013), 2013.
low-income neighborhoods, squatter areas, and Affairs (MoSA) is the government’s lead for the
refugee camps has also been overtaken by market Syrian refugee crisis, and therefore, coordinates
mechanisms.16 The lack of available affordable with the UN agencies and other international
land and the lures of a booming real-estate sector actors. It is also directly responsible for housing
have indeed frequently attracted developers to issues, though its past role in this sector has not
build housing complexes within areas historically been significant. The Ministry is responsible for
developed either as squatters or, more frequently, the Public Corporation for Housing (PCH),
illegal land subdivisions. These markets, however, which was established in 1996 following the
provide limited protection for their users.17 Multiple dissolution of the Ministry of Housing. The main
sales of a single apartment are very common in role of the PCH has been to facilitate access to
Beirut with little recourse for those who have housing for low-income groups. Actually, its role
invested in fraudulent developments. In many has consisted of facilitating housing loans for
cases, these informal areas are poorly serviced by middle-income groups through partnerships with
formal utilities. Wealthier households therefore commercial banks.
mitigate the frequent water and electricity
outages by purchasing these services from private Other entities with housing responsibilities
operators. include the Displacement Fund and the Directorate
General of Cooperatives. The Displacement
In summarizing the pre-crisis state of the Fund was established in 1992 following the end
Lebanese housing sector, a 2013 World Bank of the civil war to help displaced populations
study stated, “Lebanon has been facing a housing return to their homeland. It has undertaken the
crisis for the past three decades.”18 The chronic rehabilitation of deteriorated neighborhoods
under-investment in affordable housing or rental in Beirut and has built one large scale low
housing has contributed to “the development income housing complex in Tripoli. Accusations
of marginalized poverty pockets and informal of corruption have dogged the agency in the
areas… characterized by poor housing conditions past. Meanwhile, the Directorate General of
and limited access to basic urban services and Cooperatives has undertaken only a few housing
infrastructure.”19 related initiatives, yet with limited success.
21 For more details on the municipal sector in Lebanon please consult: Municipal Finance Studies Program, Final Strategic Framework International City/
County Management Association (ICMA), in contribution with the Consultation and Research Institute (CRI) & TCG International (TCGI), February 8th,
2011, available at: www.interior.gov.lb/Download.aspx?idf=81
those provisions related to the settlement of issues in Lebanon. It includes a review of property
building violations. Furthermore, article 15 of types, procedures for property registration and
Law no. 60/88 states that each municipality must transactions, construction-related laws, laws
hold a register (the equivalent of a local cadastre) regulating rental agreements, occupation of land
in which it must document each existing real and property, and the framework for evictions.
property within the municipality’s jurisdiction, and
each building built, their rental value, and the
persons occupying them (whether these persons 2.4.1 Land and Property Types
are owners or tenants). in Lebanon
More generally, decree no. 118/1977 There are three main types of land in
entrusts municipalities with a broad range of Lebanon: private, public, and awkaf. Private
tasks which have often been freely interpreted land and property may be owned individually or
by municipalities in Lebanon in order to further collectively and must be registered to ensure the
broaden their decision-making power. However full protection of state law. It is important to note
municipal decision-making is limited by two major that private land and property ownership is based
factors. First, as stated above, many decisions are on a system of shares. Each property is made up
subject to the approval of a higher authority (e.g. of 2,400 shares. If property is owned by many
the Qaemaqam or the Mouhafez etc…). Second, persons, each person is the owner of a certain
municipalities have limited resources (financial number of shares of the property, but without
and personnel), which often prevents them from being allocated a specific physical part of it.
implementing whatever decision they need to
enforce by law. Public land is divided into two types: (i) state
public property and (ii) state private property. State
It is obvious from the above that local authorities public property is regulated by decree no. 144
have the potential to play a significant positive role which concerns property that is destined by nature
in the refugee crisis. They are close to the day- for public use (eg. roads, seashores, etc...).22 State
to-day reality of the refugee situation and can be private property, by contrast, is regulated by
more easily held accountable by local population. decree no. 275, which concerns the developed or
At the same time, some of the structural issues undeveloped land that is not destined by its nature
characterizing the Lebanese housing market for public use. These properties can belong to the
clearly require national level leadership. Thus, State (represented by the Ministry of Finance), or
both national and local authorities will require to municipalities. Thus, Lebanese municipalities do
strengthening their structures to play their roles have land at their disposal and the legal authority
effectively. to allocate it for different uses.
22 Decree no. 144 issued on June 10th, 1925 related to public property.
23 See Sait and Lim, “Land, Law and Islam: Property and Human Rights in the Muslim World, London, Zed Books, 2006, published in association with
UN-Habitat.
24 See Article 393 of the Lebanese Code of Obligations and Contracts (COC) Issued on March 9th, 1932 and Article 11 of decree no. 188 establishing the
Real Estate Registry Issued on March 15th, 1926.
25 See Article 9 of decree no. 188 ibid.
26 Article 349 of the COC, op cit.
27 Nizar & Rana Saghieh, “Legal Assessment of Housing,…” op.cit. .
28 Articles 824 and above of the COC, as well as Article 20 of Regulation no. 3339, issued on November 12th, 1930.
29 Article 835 of the COC, also as an example, please check the provisions of decree no. 15874 issued on December 5th, 2005 regarding the application of
the construction law, notably article 2 of the said decree.
Picture 4: Building under constuction - Beirut, Lebanon
33 Nizar & Rana Saghieh, NRC report, October 2008 op. cit.
34 Regulated by law no. 160 issued on July 22nd, 1992.
35 Regulated by the provision of the COC, particularly article 543 as amended by law no. 159 issued on July 22nd, 1992
36 Ibid.
not have agreed on its duration. Should the Regarding the state’s public property,
parties reach an agreement, the duration according to decree no. 144 both the state and
of the contract is then fixed according municipalities can authorize temporary occupation
to article 591 of the COC based on the of such property, notably if such occupation was
term agreed upon by the parties for the related to the undertaking of a project of public
payment of the rent. For example, if the interest. The decree fixed the duration of such
parties agreed that the rent is to be paid authorization for one year in principle, with the
on a monthly basis, then the contract’s possibility of renewal. The occupant is supposed
duration is considered to be for a month. to pay the relevant fees in advance, however,
The contract ends on the date of each such fees can be symbolic (e.g. LBP 1,000, less
payment. than USD 1). Finally, the government may at any
moment and for any reason reclaim the public
In all cases, if the tenant stays after the end of property without paying any compensation. The
the contract term and his stay remains unopposed occupant’s only recourse is to reclaim the fees or
by the landlord, the lease agreement is then parts of the fees that were paid in advance to the
considered automatically renewed under the same relevant administration.
conditions.37 If its duration was determined by the
parties, it is then renewed for the same duration. Regarding the state’s private property, decree
If not, either party may rescind the contract; no. 275 distinguishes between two main types of
however, the tenant is entitled to terminate the state private property: agricultural lands and state-
contract within the duration fixed by local custom. owned properties located in cities. Agricultural
lands can only be leased to farmers for agricultural
If the contract had a determined duration, purposes. Farmers may not sub-lease such lands
the landlord can terminate the contract at the without the prior authorization of the relevant
end of that duration without giving a notice or administration, and in all cases such leases must
compensation.38 If the parties did not agree on a be for agricultural purposes only. State-owned
determined duration, the landlord is allowed to property located in cities, however, can be leased
evict within the duration fixed by local customs. In via a public auction or, by mutual agreement with
any case however, evictions must be mandated by the eventual tenant if the public auction failed.
court as stated above.
In both cases (rural and urban), leases are
As we will see later, this distinction means governed by the COC’s regulation related to lease
that people renting land to establish informal agreements, which means that article 543 of the
settlements are less protected under Lebanese law COC securing tenure for a minimum of three years
than those renting built structures. is applicable. However, article 60 of decree no. 275
limits such lease agreements to a maximum of four
years, beyond which the relevant administration
2.4.5 Lease of State-Owned may no longer lease-out the concerned property.
Property
Finally, whether it is the state’s public property
Leases of state owned property are regulated or the state’s private property, the relevant
differently from private property. The regulations administration may authorize persons to occupy
for state-public and state-private property are the property without the need to establish a
discussed below. lease agreement (what is commonly referred to in
Lebanese legal jargon as tasamouh or tolerance).
39 e.g. the decision issued by Baabda’s Single Criminal Judge on 08/02/1989. Even though the said decision penalized the defendants based on article 738
of the Penal Code, the judge established however, via an obiter dictum, the rules in order to exempt an occupant who illegally occupies another person’s
real property, from the provisions of article 738.
40 e.g. Civil Judge of Beirut (president Mekié), decision no. 501, issued on November 11th, 2002.
41 e.g. articles 12 of the UDHR and 17 of the ICCPR.
2.5 LEBANON’S Constitution’s preamble specifically states that
“there shall be no […] settlement of non-Lebanese
OBLIGATIONS UNDER [tawteen43] in Lebanon.” This paragraph, aiming
INTERNATIONAL LAW to prohibit citizenship for Palestinian refugees to
avoid demographic sectarian disequilibrium, led
This section summarizes the constitutional and the Lebanese Constitutional Court to set limits to
international human rights basis for Lebanon’s the enjoyment of basic rights, notably regarding
obligations with respect to refugees and the right the enjoyment of housing rights, by non-Lebanese
to adequate housing. persons. In 2001 the Lebanese legislature issued
a law according to which “No real right of any
kind may be acquired by a person who does not
2.5.1 Constitutional Basis for carry a citizenship issued by a recognized state
Lebanon’s Human Rights Obligations or by a person if such acquisition contradicts
with the provisions of the Constitution relating
The Lebanese Constitution as amended in to the prohibition of permanent settlement [of
1990 states that “Lebanon is […] a founding and Palestinians].” 44 The Constitutional Council issued
active member of the United Nations Organization a decision on May 5th, 2001, upholding the law
and abides by its covenants and by the Universal and stating that preventing permanent settlement
Declaration of Human Rights.” In this respect, [tawteen] is of primary national interest, and that
it is worth noting that Lebanon acceded to the laws discriminating against some foreigners do not
International Convention on the Elimination of breach the international conventions, especially
All Forms of Racial Discrimination (CEDAW) on when the discrimination is related to economic
November 12th, 1971 and to both the International rights.45
Covenant on Civil and Political Rights (ICCPR) and
the International Covenant on Economic, Social
and Cultural Rights (ICESCR) on November 3rd, 2.5.2 Lebanon’s Obligations
1972. Thus, Article 25 of the Universal Declaration to Syrian Refugees
of Human Rights (UDHR) and Article 11 of the
International Covenant on Economic, Social and While Lebanon has not ratified the 1951
Cultural Rights (ICESCR), which recognize the Refugee Convention,46 the Convention’s
right of everyone to an adequate standard of protections with respect to adequate housing –
living (including adequate housing) are considered notably Article 21 – have largely been superseded
a part of the Lebanese Constitution. 42 through the near universal acceptance of the
human right to adequate housing as expressed in
However, pursuant to the 1990 constitutional the ICESCR.47 Indeed, as noted by Displacement
amendment, paragraph “I” of the Lebanese Solutions, “the language of the ICESCR is inclusive:
42 Article 25(1) of the UDHR: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control”; Article 11(1) of the ICESCR: “The States Parties to the present
Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing,
and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing
to this effect the essential importance of international co-operation based on free consent”.
43 “Permanent settlement” or “settlement of non-Lebanese” are often referred to in many reports by the Arabic term of “Tawteen.”
44 Law no 296.
45 For a criticism of this decision, see Nizar & Rana Saghieh, “Legal Assessment of Housing, Land and Property Ownership, Rights, Transfers, and Property
Law related to Palestinian Refugees in Lebanon,” NRC report, October 2008.
46 Convention relating to the Status of Refugees, Adopted on July 28th, 1951.
47 Norwegian Refugee Council (NRC) report: “From Shelter to Housing: security of tenure and integration in protracted displacement settings,” December
2011.
48 Displacement Solutions, Brief Commentary on Article 21 (Housing) of the 1951 Refugee Convention; see: displacementsolutions.org/commentary-on-
article-21-of-the-refugee-convention.
49 Articles 1(1) and 2(a) of the Agreement for Economic and Social Cooperation and Coordination between the Lebanese Republic and the Syrian Arab
Republic, signed on 16/9/1993, available at: http://www.syrleb.org/docs/agreements/03SOCIAL_ECONOMICeng.pdf.
50 Agreement on the Regulation of Transport of Persons and Goods between the Lebanese Republic and the Syrian Arab Republic, signed on 16/9/1993,
available at: http://syrleb.org/docs/agreements/05PERSONS_GOODSeng.pdf.
51 General Security Website, Extension of Stay for Syrian Nationals, available at: http://www.general-security.gov.lb/Arabic/News/Pages/syrian_residence.
aspx [last accessed on 21/8/2012].
52 General Security Website, Extension of Stay for Syrian Nationals, available at: http://www.general-security.gov.lb/Arabic/News/Pages/syrian_residence.
aspx [last accessed on 30/1/2013].
Although Lebanon has generally maintained 2.5.3 Lebanon’s Obligations
an open border policy allowing Syrian nationals to regarding the Right to Adequate
enter the country,53 it does not recognize Syrians Housing
fleeing the violence in their country as refugees.
Consequently, the Lebanese authorities are limiting According to the United Nation’s Committee
entry to those who hold valid documentation and on Economic, Social and Cultural Rights (CESCR),55
do not have entry bans due to the commission of the right to adequate housing is of central
past offenses. importance for the enjoyment of all economic,
social, and cultural rights. Housing should thus
Regarding deportation, prosecutors and not be understood simply as a commodity or as
courts have generally refused to drop charges shelter, but rather as the right to live somewhere
of illegal entry or stay against refugees, in security, peace, and dignity. The Committee
although the majority of decisions rejected the went on to identify seven aspects of the right that
deportation of refugees on the basis of Article 3 must be taken into account, including:
of the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or s Habitability, notably in terms of protecting
Punishment, ratified by Lebanon in 2000. A individuals from cold, damp, heat, rain,
landmark court decision ruled that the illegal entry wind or other threats to health, structural
of a Syrian national could not be considered as a hazards, and disease vectors.
crime in light of the natural right to seek asylum.54 s Availability of services, materials, facilities,
Thus, while upholding the law with regard to illegal and infrastructure (i.e. safe drinking water,
entry or stay, courts have been lenient regarding energy for cooking, heating and lighting,
the enforcement of deportation provisions. sanitation and washing facilities, means
of food storage, refuse disposal, site
In sum, despite not having signed the 1951 drainage, and emergency services etc.).
Refugee Convention, Lebanese authorities
s Affordability at such a level that the
appear to show a certain leniency towards Syrian
attainment and satisfaction of other basic
refugees, including those without legal status.
needs are not threatened or compromised.
However, Syrians wishing to stay in Lebanon
The Committee stressed that steps should
legally must be able to afford the fee of USD
be taken to ensure that “the percentage
200 per person (over 15 years of age) to renew
of housing-related costs is, in general,
their residency. The payment of this fee will have
commensurate with income levels,” that
clear impacts on household expenditures of the
housing subsidies for those unable to
poorest refugees. As the subsequent sections of
obtain affordable housing are established,
this study demonstrate, rent represents 50 percent
and that tenants are protected against
of monthly refugee household expenditure and
unreasonable rent fees or rent increases.56
such levels are becoming unsustainable for many
vulnerable households. Additional residency s Legal security of tenure against forced
fees, if strictly enforced, may push more refugee eviction, harassment, and other threats.
households to down-grade the quality of their Thus, evictions should not result in
shelter in order to meet this expense. individuals being rendered homeless or
vulnerable to violations of other human
rights. Furthermore, the Committee
53 Revised Syria Regional Response Plan, September 2012 (The Lebanese Armed Forces (LAF) continues to permit refugees to access Lebanon) Human
Rights Watch, Syria Neighbors: Keep Borders Open for Refugees, 29 August 2012, available at: http://www.hrw.org/news/2012/08/29/syria-neighbors-
keep-borders-open-refugees.
54 Case No. 1445/2012 of the Single Criminal Judge in Tripoli, Decision of Judge Nazek El Khatib on 23/8/2012.
55 “The Right to Adequate Housing (Art.11 (1))”, CESCR General Comment no 4, 12/3/1991.
56 Ibid.
57 “The right to adequate housing (Art.11 (1)): forced evictions”, CESCR General Comment no 7, (1997) on the Right to Adequate Housing, http://
58Ȇ 59 CESCR, General Comment Number 7, (1997), ibid.
30 Housing, Land and Property
CHAPTER 33 31
CHAPTER
O
ver one million Syrian refugees are
currently living in Lebanon, mainly
in the north, but distributed across
the entire country (see Map 1). The
vast majority have secured shelter through market
channels. As no housing market can possibly
absorb such a dramatic surge in demand, refugees
are sheltering in a wide range of settings.
60 Cited in Inter-Agency Shelter Working Group Shelter Strategy for 2014, pp.12-13.
Map 1: Distribution of Syrian Refugees in Lebanon
North Lebanon
Registeered
275,981 5,369
Awaiting
275,338 14,580
Bekaa
355,508 36,175
South Lebanon
127,349 1,972
This chapter reviews how Syrian refugees are 3.1 OVERVIEW OF SYRIAN
accessing shelter in Lebanon. It begins with an
overview of the different shelter types. It then REFUGEE SHELTER AND
discusses the main shelter options in more detail, HOUSING OPTIONS
with a specific focus on the agreements regarding
their occupation and use. The chapter draws on A March 2014 telephone survey of some
UNHCR’s March 2014 Shelter Survey as well as the 6,000 refugees living across Lebanon confirmed
fieldwork carried out as part of this UN-Habitat/ that rental remains the predominant mechanism
UNHCR study. through which 97% of Syrians meet their shelter
needs. However, the range of what constitutes
“shelter” varies widely (see Figure 1 below). While
61 http//data.unhcr.org.
3%
6%
3% Unfinished/Substandard Building
2%
57% of those surveyed are renting a finished networks were better able to find housing, assess
apartment or house, 25% are living in unfinished the reliability of their landlord, negotiate rent,
buildings or in non-residential structures such and secure loans. Among respondents in rural
as garages, shops, warehouses, factories, or informal settlements, many explained that they
outbuildings. A further 16% are living in “informal chose to settle in the area as extended family,
settlements” mostly in rural areas.62 Only 2% are usually following a first family member who
living in collective centers. lived on the land before the war, often as an
agricultural laborer, and had negotiated with the
The UNHCR survey indicates that a variety of landlord to allow other members of the family to
factors influenced refugees when deciding on their join him. Others explained that they had left the
shelter modality (see Figure 2). Overall, the cost more expensive urban rental areas given the lack
of rent was reported as the single most important of employment opportunities and found shelter in
variable for 44% of the surveyed refugees. As informal settlement areas through the support of
their second priority, proximity to services and these social networks.
relatives were singled out by 23% and 21% of
respondents respectively. Proximity to livelihoods UNHCR’s 2014 survey confirmed that mobility
ranked highly as a second (20%) and third (19%) is an important coping strategy for many refugees.
priority. 25% of surveyed refugees reported that they had
moved at least once. Within the surveyed refugees,
In the fieldwork carried out for the UN-Habitat/ 30% stated that the high cost of rent compelled
UNHCR HLP study, social networks were an them to move, 19% stated that their shelter
important determinant for population movements conditions were unacceptable, and 17% reported
within Lebanon. Syrian families with existing they were evicted by the landlord. The survey also
62 “Informal settlements” refers to groups of tents or other makeshift structures that have been erected on agricultural land. Informal settlements were
initially referred to as “informal tented settlements.”
living in finished apartments or houses (from
Figure 2: Factors influencing refugee choice of shelter option 67.4% in 2013 to 57% in 2014). Second, the
number of refugees reporting themselves as
100% living in “informal settlements” has increased by
2%
6% 8%
9% 26% from 12.7% in 2013 to 16% in 2014. The
11% rationale for these increases is discussed in more
80% 23% 22% detail below.
12%
60% 21% 14%
21% 3.2 REVIEW OF THE MAIN
40% 20%
19% REFUGEE SHELTER OPTIONS
Most shelter options are make-shift individual
44% 21%
20% 14% initiatives whereby existing apartments are
subdivided, rooms are added on roofs, or non-
16% 15% residential structures are converted into housing.
0%
The main forms of shelter for low-income refugees
Second
Third
63 Among these is the outdated typology of the old courtyard housing, the aging population and large-scale outmigration, as well as the 2006 war that left
many of these areas in very poor conditions.
Refugees Refugees
Shelter Rehabilitation Total
Assisted 2012 Assisted 2013
64 In 2012-13, the Inter-Agency Shelter Working Group also reported that an additional 60,479 Syrians were supported with some form of cash assistance,
directly through cash for shelter (38,620) or unconditional cash (920), or, indirectly, through cash for host families (20,939). Some of these resources may
have been used for rehabilitation or adaptation of existing units. See Annex 2, Shelter Strategy for 2014, Feb 2014.
65 Initially, in 2012 and mid-2013, such settlements were referred to as “informal tented settlements”.
Map 2: Location and Concentration of Informal Settlements in Lebanon
M
March 2014 survey, the figure had risen to 16%,
representing an increase of 26% .
re
66 http://data.unhcr.org.
67 In two focus group cases in Akkar, settlements were on communal or public land. This is, however, exceptional.
68 Shaweesh is the camp representative. He is typically the oldest and/or first to arrive in the area and who negotiated the settlement rental with the property owner.
69 Meeting with shaweesh in the Bar Elias IS on 10 December, 2013.
contracts. As such, the duration of the agreement is The Lebanese government has so far
fixed according to local customs, which for practical rejected the establishment of formal camps for
purposes, usually means the agreed term for the Syrian refugees in Lebanon. This is due to the
payment of rent. Thus if rent is paid monthly, government’s concerns regarding the need to
then the agreement expires every month. In some maintain the country’s demographic balance
reported cases rent was annual, providing greater and not to repeat the bad experience with
security of tenure and a longer duration in which “temporary” Palestinian camps after 1948 that
rent should theoretically not increase. became “permanent” over time. The government
policy has been to limit the size of formal tented
The most typical form of housing production in settlements to groups of 20 to 100 families, to
informal settlements is self-help, with individuals be approved by the Ministry of Social Affairs on a
and families setting up a tent. Most of the tents case by case basis.
are established using materials provided by non-
governmental organizations, such as poles, nylon While the international community has tried
sheets, and sanitation kits. Floors are rarely more several different transitional shelter options to
than carpets laid directly over the bare earth. These improve the conditions in informal settlements
building materials provide poor insulation and – notably DRC’s transitional “shelter box” and
insufficient privacy, both of which were common UNHCR’s flat-pack “IKEA house,” these models
refugee complaints during field visits. Refugees have not attained government approval. As a
typically rely on open-flame sources to warm their result, international shelter actors’ support to
homes, as a result several fires broke out. informal settlements has focused on the following
types of interventions: (i) distribution of shelter
Living conditions in informal settlements materials for weather-proofing the structures; (ii)
are typically dire. Services are poor and often distribution of non-food items; (iii) water supply
unsustainably provided, carrying significant and sanitation improvements; (iv) drainage
long-term environmental risks. 75% of informal improvements.
settlements visited in Akkar pump water directly
from wells located on the property. In some cases, By mid-December 2013, some 77,656 Syrians
the water is very salty or polluted, and cannot be living in informal settlements had benefited from
used for drinking. Most IS also have water tanks weatherproofing (10,731 in 2012 and 66,925 in
supplied by international or local organizations 2013),70 representing 15% of the total vulnerable
and benefit from regular water distribution population. Two qualifications to this figure are
by NGOs. Sanitation systems are very basic, important. First, as more people move out of
frequently consisting of shared toilet facilities and rented apartments and houses into informal
improperly sealed septic tanks with potentially settlements, new shelter needs are being created
grave long term consequences. Solid waste is that will require a new or bolstered humanitarian
disposed of haphazardly, frequently on roadsides, response. Second, as the government has limited
into the nearby sea or river, or burned. In some the types of permissible support to IS, shelter
cases, residents indicated that they used municipal conditions may still be inadequate from the
garbage containers, but these represented a small perspective of humanitarian standards (SPHERE)
minority. Electricity is typically a major concern for or with respect to the requirements of “adequate
informal settlement residents. While many rely housing”. Thus, it is questionable whether we
on illegal connections, others are at the mercy of can assume that current shelter support to IS
informal electricity providers who usually charge represents a long-term solution.
high prices for limited amperage.
72 UNHCR (2014) Inter-agency Thematic Group Overview: Syrian Refugees in Lebanon, May 2014.
73 Shelter Strategy for 2014, Annex 2, op cit, p. 25.
74 Inter-Agency Shelter Working Group, op cit, p. 17.
75 Based on fieldwork and a review of signed forms obtained by the research team.
76 Regulated by articles 729 and above of the Lebanese Code of Obligations and Contracts (See Chapter 1).
77 Lebanese courts have often used French jurisprudence in their decisions given the very similar provisions in the laws of both countries.
78 For example: the decision of the 1st Civil Chamber of the French Court of Cassation issued on February 3rd, 2004, Bull. I, no. 34; the decision of the 3rd
Civil Chamber of the French Court of Cassation issued on January 19th, 2005, Bull. III, no. 12 etc.
79 A form of donation recognized by article 169 of the COC.
45%
40%
35%
4% 44%
30%
7% 8% 17% 13% Not available
25%
Not acceptable Can’t be fixed
20%
7% Not acceptable Need to be fixed
15%
10%
5%
31% 24% 23% 18% 17% 13% 7%
0%
Water Electricity
Roof Doors Latrines Windows Heating
Network wires
& artificial
lighting
Source: UNHCR May 2014 Shelter Survey
interviewed households indicating that they had 3.3.2 Rental Arrangements
limited or no access to water network. Over 20%
of interviewed households indicated that they had The UN-Habitat/UNHCR study revealed a
no proper access to electricity and more than 44% multiplicity of rental forms and agreements
reported that they had no access to heating. throughout the country. In general, agreements
tended to be more predatory and harsh in their
Another serious concern about the quality terms in dense urban centers – such as Beirut and
of shelter is overcrowding. Although 25% of Tripoli - where rental markets targeting migrant
households reported they were sharing with one workers (Syrians and others) predate the current
family, 45% reported sharing with two families crisis.
and 17% with three families. More worryingly,
Data collected throughout Beirut, South
8% of households reported sharing their housing
Lebanon, and Akkar as well as interviews in
accommodation with five or more families. While
the Bekaa indicate that informality dominates
data was not systematically collected regarding
rental arrangements. Agreements are typically
the floor area of the housing unit shared, the
oral, open-ended, and rarely specify the rights
average family size reported in the survey was 5.2, of tenants. Negotiations occur on the basis of
indicating that some twenty-six people or more one’s prior knowledge of the market or the
are sometimes sharing a space. property owner, placing those with experience in
the Lebanese labor and rental market at a clear
advantage over newcomers.
Figure 4: Syrian refugees and shared accommodation
This informality is not surprising, yet field
interviews indicate that most landlords and tenants
5%
operate within a relatively well-defined pattern of
8% expectations, particularly in the case of the well-
established housing and room rental market in
Beirut. Indeed, given that mobility patterns have
largely followed pre-crisis labor markets, most
17% refugees come to the housing market with some
knowledge of its working mechanisms.
45%
The situation is different in the context of
the rural informal settlements market, which is
a relatively newer housing product. In informal
settlements, prices seem to be less stable, market
25% conditions more unpredictable, and a large
discrepancy exists between the rental prices
demanded and the actual rent paid.
1 Family
2 Families More generally, the following rental
3 Families arrangements seem to be common across the
different locations:
5 or more Families
Other s Almost all interviewed households felt
confident about the identity of the landlord
with whom they had entered into an
Source: UNHCR Shelter Survey March 2014. agreement, including a noticeably higher
level of confidence (close to 100%) among
80 UN Committee on Economic, Social and Cultural Rights, “The right to adequate housing (art.11.1): forced evictions,” General Comment No. 7, UN Doc.
HRI/GEN/1/Rev.7 (1997), para. 3
The study found no evidence of forced a housing unit because they have been
evictions among respondents in Beirut or Halba. unable to pay the rent for several months,
This suggests that it is necessary to look at thereby evading an accumulated debt.
evictions and protection from evictions within the s Refugees are typically orally warned to
context of a market in which the balance between pay the rent or be evicted at least 1-2
landlords and tenants needs to be reviewed (in months in advance but without a written
terms of information sharing, rental agreements notice or the formal involvement of public
etc.) rather than through a purely legalistic and authorities.
court-based approach.
s Evictions appear to be more frequent
In the case of IS the situation appears to be, when a housing unit is rented out through
however, quite different, with a multiplicity of a “realtor,” rather than directly from the
confounding factors. The limited sample does landlord. Realtors appear more able to
not provide sufficient information regarding enlist the help of politically connected
the conditions of these evictions, but we can strong-men or other armed groups.
nonetheless note the following:
Interviews with international organizations
s In at least half the cases, evictions occurred such as the Norwegian Refugee Council did
due to the tenants’ inability to pay the rent highlight some promising examples of mediation
accumulated over at least two months. and legal assistance used to mitigate the risk of
s In other cases, refugees acknowledged that evictions (see Box 2).
they were not paying the rent regularly,
suggesting confounded factors rather The field experience, therefore, suggests several
than sheer discrimination. Two common important conclusions regarding evictions. First,
situations include: inability to pay is clearly the main cause of eviction.
1. Cases where evictions occurred While evictions may be technically justifiable,
because refugees are seen as a they generally occur in violation of Lebanese law,
“threat” to security, particularly due specifically the requirement that they be carried
to the proximity of the settlement to out based on a court ruling only. Moreover,
an army encampment. In one case evictions are often accompanied by harassment
in the Bekaa, refugees had received and with some sort of explicit or implicit threat of
an eviction notice from the nearby violence. These evictions would qualify as “forced
army camp informing them that they evictions” under domestic law and against the
had to leave because they were living standards set out in General Comment 7 to the
within the “security zone” of the right to adequate housing (see Chapter 1 above).
Lebanese army. In another case in However, there is little evidence, of any significant
Akkar, proximity to an army camp was effort by the Lebanese government to address
again mentioned as the reason for the this issue, though some international NGOs are
eviction of IS dwellers. successfully using mediation and legal assistance
2. Cases where political differences with to provide protection for refugees at risk.
the local community appear to have
been the cause of the eviction. 3.3.4 Land Use Changes
s As for modalities of eviction, it seems there
has been no effort to hide them. Evictions The growth of informal settlements and the
occur in broad daylight, in the middle of densification of low-income urban neighborhoods
the week, and with the full knowledge of are presenting complicated long-term challenges
neighbors. for Lebanon.
s In many cases, residents choose to leave In rural areas, the rapid expansion of informal
81 ICLA is part of the Norwegian Refugee Council’s program in Lebanon. ICLA provides information, counseling, and legal assistance for refugees and
displaced persons in Lebanon, including providing advice and representation on legal status and housing, land, and property issues. http://www.nrc.
no/?did=9167197.
82 Meeting with UNHCR & ICLA representative in UNHCR Field office in Zahle, 10/12/13.
There is clearly an urgent need to study these 3.3.5 Local Authorities and the
issues in more detail and develop a range of Institutional Management
response strategies for the scenarios most likely to of the Crisis
arise in the event of a protracted crisis.
Local authorities have responded unevenly to
the refugee crisis, but of all Lebanese governmental
institutions, they are certainly the most involved.
In many cases, municipalities have undertaken to
survey the refugee population, sometimes citing
security concerns. Local authorities have also
had to respond to the sudden increase in their
populations, sometimes up to four times the
original population in their jurisdiction. The greatest
impact has been on water, electricity (when the
municipality is involved in its provision), and
garbage collection.83 In some cases, municipalities
have also been involved in facilitating access to
housing and the distribution of services, although
they frequently complain about being bypassed by
international organizations (see Box 3 below).
83 Particularly in areas under the rule of Hezbollah, a number of municipalities claimed that surveys are conducted regularly and aid frequently distributed
through their offices. The Party has in fact established a coordination body across all Municipalities allied to its political orientation (South andBekaa) and
services are regularly distributed to refugees.
84 For a summary of some positive examples, please see Mercy Corps (2014) Municipal Guide: Successful Municipal Strategies to Respond to the Syria
Refugee Crisis, March 2014.
85 UNHCR Thematic Questionnaire, “Living Conditions in Lebanon and Property Conditions in Syria,” February 2014.
86 For more information please see UN-Habitat et al. (2007) Handbook on Housing and Property Restitution for Refugees and Displaced Persons: Implementing
the Pinheiro Principles.
reported their property to be occupied by others, of the quality of shelter and living conditions as well
the challenges of undoing such “secondary as from a longer-term land-use and sustainability
occupation” have proved significant in other perspective. While rental agreements are most
emergencies. secure when registered with municipalities, this is
far from common practice. Most refugees develop
informal understandings with their landlords and
CONCLUSION do not appear to be well-informed of their rights
under Lebanese law. Evictions are fairly common
This chapter has highlighted the significant and mostly relate to an inability of refugees to pay
efforts of shelter actors to respond to the sudden their rent. While some evictions may be justifiable,
surge in demand caused by the Syrian crisis. Not they do not seem to be carried out in compliance
surprisingly, refugees have found shelter in a wide with domestic law or international standards
variety of forms, the vast majority secured through and thus represent a major protection concern.
rental agreements. The review of shelter options Municipal authorities have a clear role to play in
suggests that the most durable options involve the shelter sector, however, they require additional
the rehabilitation of apartments or houses or the support and guidance to respond to the most
provision of support to collective shelters, yet common types of issues that arise – shelter access,
these represent a relatively small proportion of the service delivery, and disputes between refugees
total shelter needs. Without increased funding and host communities. Finally, the chapter has
for shelter rehabilitation and collective shelters, it highlighted the significant potential risks to HLP
is likely that shelter vulnerability will become an assets left behind in Syria and the need for more
increasingly chronic condition for many refugees. systematic analysis of the scale of the potential
The growth of informal settlements as a shelter issues.
option represents a major concern, both in terms
W
ithin the greater Beirut area,
low-income Syrian refugees
have found housing in virtually
every neighborhood and almost
exclusively in the form of rental arrangements.
Large sections of what are commonly known as
Beirut’s “slums” have been transformed by the
present crisis into de facto Syrian refugee “camps.”
This phenomenon can be illustrated by overlaying
Map 3, which highlights the pre-crisis camps and
low-income neighborhoods of Beirut, with Map 4,
showing the concentration of refugees in Beirut.
Syrian tenants. It concludes with a brief summary in order to determine the percentage of units
of the main findings. occupied by refugees in the area. Finally, numerous
field observations were recorded in more than two
The findings of this section are based on months of field visits.
fifty interviews with refugee families in the
neighborhood and ten interviews with Lebanese During the course of the study, the field teams
households. Additional key informants included visited several other low-income neighborhoods
three realtors –one of whom was interviewed in the city to assess the extent to which the
several times, and two local public officials Naba’a findings reflected common trends across
(mukhtars). All interviews with residents were the city. This review confirmed that similar trends
conducted randomly, after obtaining their consent have developed in almost all informal settlements
and preserving their anonymity. In addition, a (and some refugee camps) in the city.
survey of housing occupancy was conducted for
317 units distributed across the neighborhood
pre-crisis camp
or low income
neighborhood
Source: UNHCR, April 2014, with overlay of IS based on Fawaz, M. and I. Peillen, 2002
Since the mid-1990s, Naba’a has grown largely Household sizes tend to be large, with an
informally. Typical of slum patterns in inner cities average of 6.3 individuals, well above the median
elsewhere, existing 2-3 room apartments were figure for Lebanese households (typically 2-4). This
subdivided into multiple single-room units where figure is also higher than the numbers reported in
ad-hoc kitchen and bathroom facilities were the UNHCR 2014 Shelter Survey, which indicated
added, and in some cases shared between several an average household size of 5.19.
families. Furthermore, many property owners have
added a room or two on the roof of their buildings. In this context, overcrowding is a major
Given the easy and lucrative profits to be gained concern. With the prolonged crisis, however, the
from the current surge in demand, both of these majority of households (64%) have shifted to
trends have intensified over the past year. As these single-family units, while a significant group still
building practices are illegal, property owners cohabitate among extended families and friends.
typically deny building additional rooms or floors, Many single-family households explained that
however, the changes can be clearly observed and they had shifted over time from sharing facilities
documented in the neighborhood. with relatives to living alone, as they had suffered
from the multiple difficulties of sharing housing
Most buildings in Naba’a are in violation of facilities. Although they were relieved to have
building and zoning regulations. They do not more space, many were also unhappy regarding
87 http://www.ilo.org/beirut/publications/WCMS_240134/lang--en/index.htm.
Table 4: Rents in Naba‘a
Accommodation(*) Average Rent
actual rent paid remains unchanged. greatest risk of eviction, not social practices
There were also widespread reports that or nationality. Landlords, particularly
“cash-for-rent” support from the international realtors, are quite intolerant about delays
community has been driving up rent prices. in paying the rent. A typical strategy for
UNHCR records and the statements of residents Syrian households to improve affordability
interviewed in Naba’a suggest this is not the case. has been to increase the number of families
Only one respondent acknowledged receiving sharing the same premises. However,
direct rental support from an international property owners and realtors can then use
organization, while about 30% declared that they this to justify an increase in the rent.
were receiving some kind of non-food assistance s Tenants expressed little fear of immediate
that they sometimes sell on the market in order eviction. A handful of tenants confirmed
to pay rent. The majority of dwellers (about 70%)
that they had been evicted, but they
stated they were relying on loans from more
unanimously connected the threat of
established relatives, typically those who have
eviction to their inability to pay the rent.
been in the country for a long time.
s Interviewed households thought it normal
Conversely, the few interviews that were to be evicted if they could not pay the
conducted with Lebanese families revealed severe rent. They therefore rarely questioned
increases in the price of rent, rendering the the fairness of this situation or called for
neighborhood largely unattractive to this national outside help. Instead, they pleaded –often
group, particularly in light of deterioration in the successfully- for more time, borrowed
quality of life. Indeed, the higher rents bring the money, or simply left before the end of
rental rates to the level of other well established the month and looked for another housing
neighborhoods such as Dikwaneh, making Naba’a arrangement.
a relatively undesirable housing choice for those s The increased demand for affordable rental
families. This increase in rent can be explained by accommodation clearly favors landlords.
the departure of landlords who until then lived in Refugees unanimously concur that
buildings that they preferred to rent to Lebanese landlords would not hesitate to evict them
families, often at lower rates because they were if they were to default on payments, as the
perceived to be “desirable neighbors.” However, scarcity of affordable housing means that
the increasing demand seems to have encouraged other tenants can be found very rapidly.
these landlords to leave the neighborhood and
rent their apartments to refugee families whom s Eviction is often accompanied by bullying
they could charge higher rates. and threats. Realtors are clearly “well
backed” individuals who can rely on a
Some of the main findings regarding rental in network of local thugs, the armed militias
Naba’a can be summarized as follows: of political parties, or even some elements
of the police.
s The inability to pay the rent carries the s Tenants are extremely vulnerable because
CONCLUSION
In Naba’a, the arrival of Syrian refugees
has triggered several trends that need to be
understood at the scale of the neighborhood,
rather than just at the scale of the refugee
household. This analysis will better inform
government and humanitarian actors regarding
the most appropriate interventions.
T
o understand housing, land and
property issues outside of the main
cities, two research samples were
undertaken in Akkar (North Lebanon)
inspecting (i) informal tented settlements in the
area of Akkar; and (ii) rental facilities in the city
of Halba and its vicinities. The research sample
covered twenty-three informal settlements through
individual visits and one focus group discussion.88
In addition, thirty-eight key informant interviews
were conducted with Syrian refugee households
renting apartments in the city of Halba. Another
ten interviews were conducted with Lebanese
families in the area for comparative purposes. Ten
municipalities were interviewed regarding their
perceptions and experiences of the ongoing crisis.
88 On-site interviews were conducted in eleven settlements where the shaweesh (camp representative)
and another dweller were interviewed. In addition, fifteen representatives from fifteen tented
settlements in the area of Akkar were invited to a focus group.
The fieldwork findings are presented in two actors. Throughout the country, as is the case in
main parts.89 The first part summarizes findings Akkar, informal settlements are formed out of the
related to living conditions and land use, rental wooden posts and nylon covers (for walls and roofs)
arrangements, and evictions with respect to the that make-up the typical shelter kit distributed to
twenty-three informal settlements. The second refugees. The quality of the flooring however varies
part presents the findings for the same broad from one camp to another and within each camp
issues, but focuses on Halba and its peri-urban as well. Community representatives for instance
area. A brief conclusion summarizes the main were more likely to have concrete flooring than
findings of the case study. other camp dwellers.
Shelter construction heavily relies on the Picture 11: Syrian Refugee children - Akkar,
materials supplied by local and international Lebanon
89 A total of twenty-three interviews were conducted in Akkar. Eleven of these were individual interviews while another twelve were conducted via a
focus group discussion held in Halba. In each informal settlement, two different persons were interviewed, one of whom was the shaweesh (community
representative). The tented settlements were selected in the area of Akkar and distributed across the region. To protect the identity of individuals, the
location of these settlements will not be outlined here.
90 Referred to sometimes as Shaweesh, the camp representative is typically the oldest or the first to come to the area and who has negotiated the rental of
the land and the establishment of the settlement with the property owner.
Services within informal tented settlements The establishment of informal settlements has
are typically accessed through private providers or given rise to numerous negative environmental
illegal connections and, as described by residents, implications. The potential contamination of soils
tend to be expensive for the quality of services and underground water was a common concern.
provided. The following main observations were The improper solid waste disposal and damage
noted during the fieldwork: to trees and woodlands were also reported as
s Electricity: Most of the households important concerns.
surveyed relied on municipal electricity,
typically more than a half were provided Although the surge in demand for housing
with electricity through illegal connections. arising from the refugee influx is understandable,
About a quarter rely on the booming there is a clear need for interventions that could
business of informal electricity provision. A guide locating informal settlements towards more
minority indicated that they rely on other appropriate sites, sparing agricultural lands from
sources. such developments.
91 In one of the cases, residents who had previously been evicted (with a municipal order) reported that they had been renting the land from an individual
who denied he had ever rented them the land when they were asked to leave by the property owners.
92 Interviewed community leaders reported up to 60% increase in the rental rate after one year. In one settlement, the increase in rent went up from USD
2400 to 4000 per year. In another settlement, the rise went up from USD 4000 to 4600. There does not seem to be a clear rationale for the amount of the
increase, aside from a desire to push prices up (while payment defaults are in fact frequent, making the prices not entirely meaningful).
93 In this case, the informal settlement residents stated that they had openly taken a position against the current Syrian government while village dwellers
were government supporters.
(Akkar) and its vicinities, where more than 1700 office buildings, stores, and warehouses have
families have found refuge over the past year. been transformed–frequently with the help
Fifty interviews were conducted in the city, ten of of international organizations–into residential
which were with members of the host community. facilities.
The steep increase in its population has Apartments are smaller than 100m2 on
naturally encouraged the development of a average. Rooms are typically 50m2, shops 80m2,
rental market whereby empty apartments, and offices 41m2. The smaller units tend to suffer
Picture 13: Cramped living conditions in an apartment occupied by Syrian Refugees - Akkar , Lebanon
from over-occupancy, with the number of dwellers some apartments that are clearly overcrowded.
sharing one unit averaging 8.6 but ranging from
two to twenty-five individuals. Thus, a three- Living conditions in these units varied, but
bedroom apartment of 150m2 was housing were typically very poor. Of the thirty-eight
four families with a total of thirteen members, surveyed households units, three showed visible
another apartment of 100m2 was housing the structural cracks, twenty-three suffered from
same number and a third was housing twenty-five regular leaks, and four were missing windows or
members within the same area of 150m2. Among doors. Furthermore, nine had no access to direct
the most dire cases was a 14m2 bedroom housing lighting or cross ventilation. Nonetheless almost
fourteen people. While the larger apartments all these rented facilities reported access to basic
do comply with SPHERE minimum standards for services, including water and garbage collection.
covered shelter space (and are larger than those Like their Lebanese counterparts, Syrian refugees
available for refugees living in Naba’a), there are are also dealing with frequent power outages
case were savings mentioned in the interview, as than through an intermediary. This often
refugees typically declared that they had none. As results in greater flexibility regarding rates and
a result, the recent reduction of vouchers is widely terms. Moreover, non-payment of rent seems
perceived as a crisis, with households almost to occur for a long time before eviction takes
unanimously asking for help in restoring some place. Interestingly, the case study suggests that
support to help them pay for their rent. landlords lack confidence that they can rely on the
formal law and legal procedures to evict tenants.
Previous experience with the Palestinian refugees
5.2.3 Evictions appears to have conditioned landlords against
allowing refugees to improve the quality of their
As in other rental markets profiled in this study, housing in informal settlements.
the evidence suggests that evictions occur fairly
frequently, though often because of an inability to
pay the rent. In some cases, households pre-empt
the eviction by leaving before they are evicted. In
one case, a household was asked to leave because
the apartment was needed by the family.
CONCLUSION
The Akkar case study confirms the difficult living
conditions of refugees, particularly in informal
settlements. Shelter conditions in apartments and
houses appear to be better than those in Beirut,
especially with regard to overcrowding. Reported
rental prices seem high, probably reflecting the
fact that the housing market has been largely
driven by natural population growth rather than
the speculation that characterizes many areas of
Beirut. As a result, there is not much evidence
of a “build-to-let” housing boom, despite the
potential that appears to exist.
BIBLIOGRAPHY
A.BENABENT. 2006. « Droit Civil – Les Contrats Spéciaux Civils et Commerciaux », éd. Montchrestien,
e
7 édition.
Central Administration of Statistics. 2007. Report Demographic Reality of Lebanon. Available at: http://
www.cas.gov.lb/images/PDFs/Demographic2007-ar.pdf
Clerc, V. 2013. Real Estate in Lebanon, Assessment Report submitted to the CDR, in French. Mimeo.
Deboulet, A. and Fawaz, M. 2011. “Contesting the Legitimacy of Urban Restructuring and Highways
in Beirut’s Irregular Settlements”, in D. Davis and N. Libertun de Durén (eds.), Cities and Sovereignty:
Nationalist Conflicts in the Urban Realm, Indiana University
Press.
Fawaz, M. 2009. “The State and the Production of Illegal Housing: Public Practices in Hayyel-Sellom,
Beirut-Lebanon”, in K. Ali and M. Rieker (eds.), Comparing Cities: The Middle-East and South Asia,
London: Oxford University Press, pp. 197-220.
Fawaz M and Isabelle Peillen. 2003. “Understanding Slums: Case studies for the Global Report on
Human Settlements- The Case of Beirut, Lebanon”. http://www.ucl.ac.uk/dpu-projects/Global_Report/
pdfs/Beirut.pdf
Nizar & Rana Saghieh. 2008. “Legal Assessment of Housing, Land and Property Ownership, Rights,
Transfers, and Property Law related to Palestinian Refugees in Lebanon”, NRC report.Norimitsu Onishi,
“Lebanon Worries that Housing Will Make Syrian Refugees Stay”, the New York Times, December 11th,
2013.
Norwegian Refugee Council (NRC) report. 2011. “From Shelter to Housing: security of tenure and
integration in protracted displacement settings”.
United Nations High Commissioner for Refugees Report. 2014. Syria Regional Response Plan: Strategic
Overview. December 2013. available at: http://reliefweb.int/sites/reliefweb.int/files/resources/Syria-rrp6-
full-report.pdf.
United Nations High Commissioner for Refugees Report. 2014. Inter-agency Thematic Group Overview:
Syrian Refugee Crisis in Lebanon. May 2014. available at:file:///C:/Users/use/Downloads/Inter-
agencythematicoverview-AConstantStruggleforShelter-23May2014.pdf
١٩ اﻟﻔﺼﻞ اول
اﻟﻨﺘﺎﺋﺞ اﻟﺮﺋﻴﺴﻴﺔ واﻟﺘﻮﺻﻴﺎت
)ﻛﻤﻤﺜﻞ ﻟﻠﻤﺠﺘﻤﻊ( ﻓﻲ ّ
اﻟﻤﺨﻴﻤﺎت ﻏﻴﺮ .٢٣ﻳﻨﺒﻐﻲ إرﺳﺎء ﻟﺠﺎن ﻣﺸﺘﺮﻛﺔ ﺗﻀﻢ
اﻟﺮﺳﻤﻴﺔ وﺗﻌﺰﻳﺰه ﺿﻤﻦ إﻃﺎر ﻣﺸﺘﺮك اﻟﻨﺎزﺣﻴﻦ واﻟﻤﺠﺘﻤﻌﺎت اﻟﻤﻀﻴﻔﺔ
ﺑﺸﺄن اﻻﺿﻄﻼع ﺑﺪوره وﻣﺴﺆوﻟﻴﺎﺗﻪ ﺗﺠﺎه ﺿﻤﻦ إﻃﺎر وﻃﻨﻲ ﺗﻮاﻓﻖ ﻋﻠﻴﻪ اﻟﺤﻜﻮﻣﺔ
اﻟﻤﺠﺘﻤﻊ وﻛﺬﻟﻚ ﺗﺠﺎه اﻟﺤﻜﻮﻣﺔ واﻟﺠﻬﺎت واﻟﺴﻠﻄﺎت اﻟﻤﺤﻠﻴﺔ واﻟﻤﺠﺘﻤﻌﺎت
اﻟﻤﻌﻨﻴﺔ ﺑﺎﻟﻤﺴﺎﻋﺪة اﻟﺨﺎرﺟﻴﺔ. اﻟﻤﺤﻠﻴﺔ اﻟﻤﺘﻀﺮرة .ﻳﻤﻜﻦ ﻟﻠّﺠﺎن
ﺗﺤﺪﻳﺪ وﻣﻌﺎﻟﺠﺔ اﻟﻘﻀﺎﻳﺎ ذات اﻹﻫﺘﻤﺎم
.٢٥ﻳﻨﺒﻐﻲ دﻋﻢ اﻟﻤﺆﺳﺴﺎت اﻟﻮﻃﻨﻴﺔ اﻟﻤﺸﺘﺮك ﻓﻮر ﻧﺸﻮﺋﻬﺎ .ﻛﻤﺎ أﻧﻬﺎ ﻗﺪ ﺗﺘﻮﻟﻰ
اﻟﺮﺋﻴﺴﻴﺔ ،ﻣﺜﻞ وزارة اﻟﺸﺆون اﻻﺟﺘﻤﺎﻋﻴﺔ دور اﻟﺘﻨﺴﻴﻖ واﻟﺘﻮاﺻﻞ ﺑﻴﻦ اﻟﺴﻠﻄﺎت
وﻣﺼﺎﻟﺢ اﻟﻤﻴﺎه وﻣﺠﻠﺲ اﻹﻧﻤﺎء واﻹﻋﻤﺎر اﻟﻤﺤﻠﻴﺔ واﻟﺠﻬﺎت اﻟﻤﻌﻨﻴﺔ ﺑﺎﻟﻤﺴﺎﻋﺪات
وﻣﺪﻳﺮﻳﺔ اﻟﺘﻨﻈﻴﻢ اﻟﻤﺪﻧﻲ ،ﻣﻦ ﺧﻼل اﻟﺨﺎرﺟﻴﺔ ﻟﻀﻤﺎن ﺗﻮﻓﻴﺮ أﻧﺠﻊ ﻷﻧﻮاع
ﺑﺮاﻣﺞ ﻣﻌ ّﺪة ﺧﺼﻴﺼﺎً ﻟﺘﻤﻜﻴﻨﻬﻢ ﻣﻦ ﻟﻌﺐ اﻟﺪﻋﻢ.
دور ﻗﻴﺎدي أﻗﻮى ﻓﻲ وﺿﻊ اﻟﺴﻴﺎﺳﺎت
وﺗﻄﻮﻳﺮ اﻟﺒﺮاﻣﺞ ﻹدارة أزﻣﺔ اﻟﻨﺎزﺣﻴﻦ. .٢٤ﻳﻨﺒﻐﻲ اﻻﻋﺘﺮاف ﺑﺪور اﻟﺸﺎوﻳﺶ
أن اﻟﻈﺮوف اﻟﻔﻨﻴﺔ واﻟﻬﻨﺪﺳﻴﺔ ﻟﺒﻌﺾ اﻟﻤﺨﻴﻤﺎت ﻏﻴﺮ اﻟﺮﺳﻤﻴﺔ .إن
ّ ﻣﻨﻬﺎ ﻓﻲ
اﻟﻤﺒﺎﻧﻲ ﻫﻲ ﻣﻮﺿﻊ ﺗﺴﺎؤل وﺗﻤﺜﻞ ﺧﻄﺮا ً اﻟﻤﺨﺎﻃﺮ ﻋﻠﻰ إﻣﺪادات اﻟﻤﻴﺎه وﺟﻮدة
ﻋﻠﻰ ﺳﻜﺎﻧﻬﺎ. اﻟﺘﺮﺑﺔ ﻛﺒﻴﺮة ،وﻳﺘﻌﻴﻦ ﻣﻌﺎﻟﺠﺘﻬﺎ ﻛﻤﺴﺄﻟﺔ
ذات أوﻟﻮﻳﺔ ﻣﻠ ّﺤﺔ.
.٢١ﻳﻨﺒﻐﻲ إﺟﺮاء دراﺳﺔ ﻣﺘﻌﺪدة اﻟﺘﺨﺼﺼﺎت
وأﻛﺜﺮ ﺗﻔﺼﻴﻼ ﻷﺛﺮ إﺳﺘﺨﺪام اﻷراﺿﻲ .١٨ﻳﻨﺒﻐﻲ دﻋﻢ »ﻓﺮﻳﻖ اﻟﻌﻤﻞ اﻟﻤﺆﻗﺖ« ﻓﻲ
ﻋﻠﻰ اﻟﻤﺪى اﻟﻄﻮﻳﻞ اﻟﻨﺎﺟﻢ ﻋﻦ أزﻣﺔ اﻟﻤﺨ ّﻴﻤﺎت ﻏﻴﺮ اﻟﺮﺳﻤﻴﺔ ﻹﻋﺎدة اﻟﻨﻈﺮ
اﻟﻨﺎزﺣﻴﻦ ﺑﺈﺷﺮاف اﻟﺤﻜﻮﻣﺔ وﺑﺪﻋﻢ ﻣﻦ ﻓﻲ ﻣﻮاﻗﻌﻬﺎ اﻟﻘﺎﺋﻤﺔ وﺗﻘﻴﻴﻤﻬﺎ ﺑﺎﻟﻨﻈﺮ
اﻟﻤﺠﺘﻤﻊ اﻟﺪوﻟﻲ .ﺑﺪءا ً ،ﻳﻤﻜﻦ ﺗﻄﻮﻳﺮ اﻟﻰ ﻣﺠﻤﻮﻋﺔ ﻣﻦ اﻟﻤﺨﺎﻃﺮ اﻟﻄﺒﻴﻌﻴﺔ
ﺧﺮﻳﻄﺔ ﻣﺮﻛّﺒﺔ ﻣﻦ ﺧﻼل وﺿﻊ ﺧﺮﻳﻄﺔ اﻟﻤﺤﺘﻤﻠﺔ وﻏﻴﺮﻫﺎ .وﺣﻴﺜﻤﺎ ﺗﻌ ّﺮض
اﻟﻤﺨ ّﻴﻤﺎت ﻏﻴﺮ اﻟﺮﺳﻤﻴﺔ ﻓﻮق اﻟﺨﻄﺔ اﻟﻤﺨﺎﻃﺮ اﻟﻄﺒﻴﻌﻴﺔ اﻟﺴﻜﺎن ﻟﻠﺨﻄﺮ،
اﻟﺸﺎﻣﻠﺔ ﻟﺘﺮﺗﻴﺐ اﻷراﺿﻲ ﻟﻌﺎم ،٢٠٠٩ ﻳﻨﺒﻐﻲ ﺗﻄﺒﻴﻖ ﻣﻘﺎرﺑﺎت ﺑﺴﻴﻄﺔ ﺗﻘﻮم
وذﻟﻚ ﻟﺘﺤﺪﻳﺪ اﻟﻤﻮاﻗﻊ اﻟﺘﻲ ﺗﺘﻌﺎرض ﻋﻠﻰ اﻟﺤﻘﻮق ﻟﻨﻘﻠﻬﻢ إﻟﻰ ﻣﻮاﻗﻊ أﻛﺜﺮ
وﻣﺠﺎﻻت إﺳﺘﻌﻤﺎﻻت اﻷراﺿﻲ .ﻛﻤﺎ ﻣﻼءﻣﺔ.
ﻳﻨﺒﻐﻲ اﻟﻨﻈﺮ ﻓﻲ اﻟﻌﻤﻞ اﻟﻘﻄﺎﻋﻲ ﺑﺸﻜﻞ
ﺗﻔﺼﻴﻠﻲ ﻓﻲ اﻟﻤﺠﺎﻻت اﻟﺮﺋﻴﺴﻴﺔ ﻣﺜﻞ .١٩ﻳﺘﻌﻴﻦ وﺿﻊ ﻣﺒﺎدئ ﺗﻮﺟﻴﻬﻴﺔ وﻧﻈﺎم
اﻟﻤﻴﺎه واﻷﻣﻦ اﻟﻐﺬاﺋﻲ واﻟﺒﻨﻴﺔ اﻟﺘﺤﺘﻴﺔ اﻟﺤﻮاﻓﺰ واﻟﻘﻮاﻧﻴﻦ ﻣﻦ ﻗﺒﻞ اﻟﺤﻜﻮﻣﺔ
وﺗﻮﺳﻴﻊ اﻟﺨﺪﻣﺎت. واﻟﺴﻠﻄﺎت اﻟﻤﺤﻠﻴﺔ واﻟﺠﻬﺎت اﻟﻤﻌﻨﻴﺔ
ﺑﺎﻟﻤﺄوى وﻧﺸﺮﻫﺎ ﻋﻠﻰ ﻧﻄﺎق واﺳﻊ
ﻟﺘﻮﺟﻴﻪ إﻗﺎﻣﺔ اﻟﻤﺨ ّﻴﻤﺎت ﻏﻴﺮ اﻟﺮﺳﻤﻴﺔ ٥. ٢ . ١اﻟﺤﻮﻛﻤﺔ
ﻣﺴﺘﻘﺒﻼً .وﻣﻊ إﺳﺘﻤﺮار ﺗﺪﻓﻖ اﻟﻮاﻓﺪﻳﻦ
.٢٢ﻳﺘﻌﻴﻦ ﻋﻠﻰ اﻟﺠﻬﺎت اﻟﻤﺎﻧﺤﺔ دﻋﻢ ﺑﺮﻧﺎﻣﺞ اﻟﺠﺪد وإﺳﺘﻨﻔﺎذ اﻹدﺧﺎر ﻟﺪى ﺑﻌﺾ
ﻣﺨﺼﺺ ﻟﺒﻨﺎء ﻗﺪرات اﻟﺴﻠﻄﺎت اﻷﺳﺮ ،ﻓﺈن إﻋﺪاد ﺧﻄﺔ ﻃﻮارئ ﻹدارة ﻧﻤﻮ
اﻟﻤﺤﻠﻴﺔ ﻓﻲ ﻣﺠﺎﻻت ﺣﺴﺎﺳﺔ ﻣﺜﻞ اﻟﻤﺨ ّﻴﻤﺎت ﻏﻴﺮ اﻟﺮﺳﻤﻴﺔ ﺳﺘﻜﻮن ﺣﺎﺳﻤﺔ.
اﻟﺘﻨﺴﻴﻖ واﻟﺘﺨﻄﻴﻂ اﻟﻤﺪﻧﻲ وﺗﻘﺪﻳﻢ
اﻟﺨﺪﻣﺎت ورﺻﺪ ﺗﺄﻫﻴﻞ اﻟﻤﺴﺎﻛﻦ .٢٠ﻓﻲ اﻟﻤﻨﺎﻃﻖ اﻟﺤﻀﺮﻳﺔ ،ﻳﺘﻌﻴﻦ إﺟﺮاء
واﻟﻘﻀﺎﻳﺎ اﻟﻤﺘﻌﻠﻘﺔ ﺑﺎﻟﺴﻜﻦ واﻷراﺿﻲ ﻣﺴﺢ ﺗﻔﺼﻴﻠﻲ ﻟﻠﻤﻨﺎﻃﻖ ذات اﻟﺪﺧﻞ
واﻟﻤﻠﻜﻴﺔ وﺗﺴﻮﻳﺔ اﻟﻨﺰاﻋﺎت اﻷﺧﺮى اﻟﻤﻨﺨﻔﺾ اﻟﺘﻲ ﻧﻤﺖ ﺑﺸﻜﻞ ﻣﻠﺤﻮظ
واﻟﺘﺨﻄﻴﻂ ﻟﻠﻄﻮارئ .ﻫﺬا اﻟﺒﺮﻧﺎﻣﺞ ﻳﺘﻌﻴﻦ ﻧﺘﻴﺠﺔ ﻷزﻣﺔ اﻟﻨﺎزﺣﻴﻦ اﻟﺴﻮرﻳﻴﻦ.
وﺿﻌﻪ ﻣﻮﺿﻊ اﻟﺘﻨﻔﻴﺬ ﺑﻐﺮض ﺗﺤﺴﻴﻦ وﻛﺎﻧﺖ اﻟﻌﺪﻳﺪ ﻣﻦ ﻫﺬه اﻟﻤﻨﺎﻃﻖ ﺑﺎﻟﻔﻌﻞ
اﻟﻈﺮوف اﻟﻤﻌﻴﺸﻴﺔ ﻟﻠﻨﺎﺧﺒﻴﻦ أﻳﻀﺎً. ﺗﻮﻓﺮ اﻟﺨﺪﻣﺎت ﺑﻤﺎ ﻳﻔﻮق ﻃﺎﻗﺘﻬﺎ .ﻛﻤﺎ
.١٦ﻧﻈﺮا ﻟﻠﻤﺨﺎﻃﺮ اﻟﻜﺒﻴﺮة اﻟﻤﺘﻌﻠﻘﺔ ﺑﺤﻤﺎﻳﺔ .١٤ﻳﻨﺒﻐﻲ ﻋﻠﻰ اﻟﺠﻬﺎت اﻟﻤﺎﻧﺤﺔ ،ورﺑﻤﺎ
أﻣﻼك اﻟﻨﺎزﺣﻴﻦ ﻓﻲ ﺳﻮرﻳﺎ ﺑﻌﺪ أن ﻋﻠﻰ اﻟﺠﻬﺎت اﻟﻤﻌﻨﻴﺔ ﺑﺎﻟﻤﺄوى ،اﻟﻠﺠﻮء
ﻏﺎدروﻫﺎ ،وﻗﺪ ﺗﺒ ّﻴﻦ ﻫﺬا اﻟﻤﻮﺿﻮع إﻟﻰ وﺿﻊ إﺳﺘﺮاﺗﻴﺠﻴﺔ ﻟﻤﻘﺎﺿﺎة
ﺧﻼل اﻟﺪراﺳﺔ ،ﻳﻨﺒﻐﻲ إﺟﺮاء ﻣﺴﺢ أﻛﺜﺮ وﻣﻌﺎﻟﺠﺔ اﻟﻘﻀﺎﻳﺎ ذات اﻷوﻟﻮﻳﺔ
ﺗﻔﺼﻴﻼ ﻟﻠﺴﻜﻦ واﻷراﺿﻲ واﻟﻤﻠﻜﻴﺔ ً اﻟﻤﺘﻌﻠﻘﺔ ﺑﺤﻘﻮق اﻟﻨﺎزﺣﻴﻦ ﻓﻲ اﻟﺴﻜﻦ
ﻓﻲ اﻟﺪول اﻷﺧﺮى اﻟﻤﻀﻴﻔﺔ ﻛﺎﻷردن واﻷراﺿﻲ واﻟﻤﻠﻜﻴﺔ ،ﻋﻠﻰ ﺳﺒﻴﻞ اﻟﻤﺜﺎل،
واﻟﻌﺮاق وﺗﺮﻛﻴﺎ وﺳﻮرﻳﺎ .إن ﺗﻄﺒﻴﻖ اﻹﺧﻼء اﻟﻘﺴﺮي واﻟﺰﻳﺎدات ﻏﻴﺮ اﻟﻘﺎﻧﻮﻧﻴﺔ
ﻣﻘﺎرﺑﺔ ﺷﺎﻣﻠﺔ ﻟﺴﻮرﻳﺎ ﺑﺄﻛﻤﻠﻬﺎ ﺣﻮل ﻓﻲ ﺑﺪﻻت اﻹﻳﺠﺎر ﺧﻼل ﻓﺘﺮة ﺛﻼث
اﻟﻘﻀﺎﻳﺎ اﻟﻤﺘﻌﻠﻘﺔ ﺑﺎﻟﺴﻜﻦ واﻷراﺿﻲ ﺳﻨﻮات ﺑﻤﻮﺟﺐ اﻟﻘﺎﻧﻮن اﻟﻠﺒﻨﺎﻧﻲ ﻟﻸﻣﻼك
واﻟﻤﻠﻜﻴﺔ ﺳﺘﻜﻮن ﺣﺎﺳﻤﺔ ﺑﺎﻟﻨﺴﺒﺔ ﻟﺘﻘﻴﻴﻢ اﻟﻤﺒﻨ ّﻴﺔ .وﻓﻲ ﺣﻴﻦ ﻗﺪ ﻳﺴﺘﻐﺮق اﻟﺤﻜﻢ
ﺣﺠﻢ اﻟﺘﺤﺪي ﻟﺤﻤﺎﻳﺔ اﻟﺤﻘﻮق اﻟﻤﺘﻌﻠﻘﺔ وﻗﺘﺎً ﻃﻮﻳﻼً ،ﻓﺈن اﻟﻘﻀﻴﺔ ﻧﻔﺴﻬﺎ ﺗﺜﻴﺮ
ﺑﻬﺬه اﻟﻘﻀﺎﻳﺎ .إن اﻟﻨﺘﺎﺋﺞ اﻟﺘﻲ ﺗﻮﺻﻠﺖ إﻫﺘﻤﺎم وﺳﺎﺋﻞ اﻹﻋﻼم اﻟﺘﻲ ﻣﻦ ﺷﺄﻧﻬﺎ
إﻟﻴﻬﺎ اﻟﺪراﺳﺔ ﻣﻦ ﺷﺄﻧﻬﺎ ﺗﻮﻓﻴﺮ ﻣﻌﻠﻮﻣﺎت رﻓﻊ ﻣﺴﺘﻮى اﻟﻮﻋﻲ ﺣﻮل ﺣﻘﻮق اﻟﻤﺎﻟﻚ
ﻫﺎﻣﺔ ﻗﺎدرة ﻋﻠﻰ ﺗﻮﺟﻴﻪ ﻋﻤﻠﻴﺎت وﻗﻒ واﻟﻤﺴﺘﺄﺟﺮ.
إﻃﻼق اﻟﻨﺎر واﻹﺗﻔﺎﻗﺎت داﺧﻞ ﺳﻮرﻳﺎ، .١٥ﻳﻨﺒﻐﻲ ﺗﻄﻮﻳﺮ ﻣﺸﺎرﻳﻊ ﻣﺤﺪدة ّ
ﻣﻌﺪة
وﻟﻜﻨﻬﺎ ﺳﺘﻜﻮن اﻳﻀﺎً ﻫﺎﻣﺔ ﻹﺟﺮاء ﻟﻺﺧﺘﺒﺎر ﻟﻠﺘﻌﺎﻣﻞ ﻣﻊ »أﻣﺮاء اﻷﺣﻴﺎء
ﻣﻔﺎوﺿﺎت ﻋﻠﻰ ﻧﻄﺎق اوﺳﻊ ﻟﺤﻞ اﻟﻨﺰاع اﻟﻔﻘﻴﺮة« وأﺻﺤﺎب اﻟﻌﻘﺎرات اﻟﺘﻲ
وأي اﺳﺘﺮاﺗﻴﺠﻴﺎت ﻣﺤﺘﻤﻠﺔ ﻟﻠﻌﻮدة. ّ
اﻟﻤﺨﻴﻤﺎت ﻏﻴﺮ اﻟﺮﺳﻤﻴﺔ ُﺷ ّﻴﺪت ﻋﻠﻴﻬﺎ
ﻟﻀﻤﺎن ﺗﺤﻘﻴﻖ ﻧﺘﺎﺋﺞ أﻓﻀﻞ ﻟﻠﻤﻼﻛﻴﻦ
واﻟﻤﺴﺘﺄﺟﺮﻳﻦ ﻋﻠﻰ اﻟﺴﻮاء .ﺗﺸﻜﻞ ٤. ٢ . ١إﺳﺘﺨﺪاﻣﺎت اراﺿﻲ
.١٧ﻳﻨﺒﻐﻲ ﻋﻠﻰ اﻟﺠﻬﺎت اﻟﻤﺎﻧﺤﺔ زﻳﺎدة إﻳﺠﺎرات اﻟﻨﺎزﺣﻴﻦ ﺗﺤ ّﺪﻳﺎً ﻋﻠﻰ ﺻﻌﻴﺪ
اﻟﺘﻤﻮﻳﻞ اﻟﻤﺨﺼﺺ ﻟﻠﺼﺮف اﻟﺼﺤﻲ اﻻﻗﺘﺼﺎد اﻟﺴﻴﺎﺳﻲ ﻟﻠﻤﻨﺎﻃﻖ ﺣﻴﺚ أﻗﻴﻤﺖ
وﺟﻤﻊ اﻟﻨﻔﺎﻳﺎت اﻟﺼﻠﺒﺔ واﻟﺘﺨﻠﺺ ﻫﺬه اﻟﻤﺨ ّﻴﻤﺎت ،ﻻ ﺳﻴﻤﺎ ﻓﻲ اﻟﻤﻨﺎﻃﻖ
ﺑﺎﻟﻤﺄوى اﻟﺸﺮوع ﻓﻮرا ً ﺑﺤﻤﻠﺔ ﺗﻮﻋﻴﺔ ﻣﻬﺎم ﻣﺮاﻛﺰ اﻟﺘﻨﺴﻴﻖ أﻳﻀﺎ ﻣﺮاﻗﺒﺔ ﻋﻤﻠﻴﺎت
إﻋﻼﻣﻴﺔ وﻃﻨﻴﺔ ﺣﻮل ﺣﻘﻮق اﻟﻨﺎزﺣﻴﻦ اﻹﺧﻼء اﻟﺘﻌﺴﻔﻲ واﻟﻤﺴﺎﻋﺪة ﻋﻠﻰ ﺿﻤﺎن
ﺑﺎﻟﺴﻜﻦ واﻷراﺿﻲ واﻟﻤﻠﻜﻴﺔ. ﺗﻄﺒﻴﻖ اﻟﻘﻮاﻧﻴﻦ اﻟﻮﻃﻨﻴﺔ ﺟﻨﺒﺎً إﻟﻰ ﺟﻨﺐ
ﻳﻮﻓﺮ اﻟﻘﺎﻧﻮن اﻟﻠﺒﻨﺎﻧﻲ ﺣﻤﺎﻳﺔ ﻛﺒﻴﺮة ﻣﻊ اﻟﻤﻌﺎﻳﻴﺮ اﻟﺪوﻟﻴﺔ.
ﻟﻠﻤﺴﺘﺄﺟﺮﻳﻦ؛ وﻣﻊ ذﻟﻚ ،ﻟﻢ ﻳﺘﻢ
إﺳﺘﺨﺪاﻣﻪ ﺑﺸﻜﻞ ﻓ ّﻌﺎل. .٨ﻳﻨﺒﻐﻲ ﻟﻠﺠﻬﺎت اﻟﻤﺎﻧﺤﺔ اﻟﺪوﻟﻴﺔ إﻋﺘﻤﺎد
ﻣﺸﺎرﻳﻊ ﻣﻌ ّﺪة ﻹﺧﺘﺒﺎر ﺗﺄﺛﻴﺮ اﻟﺘﻔﺎوض
.١١ﻳﻨﺒﻐﻲ وﺿﻊ ﺻﻴﻎ ﻋﻘﻮد اﻟﺘﺄﺟﻴﺮ ودﻓﻊ رﺳﻮم اﻟﺘﺴﺠﻴﻞ ﻟﻠﺤﺼﻮل ﻋﻠﻰ
اﻟﻨﻤﻮذﺟﻴﺔ ﻟﻤﺨﺘﻠﻒ أﻧﻮاع اﻟﻤﺄوى ﻋﻘﻮد اﻹﻳﺠﺎر .إن اﻟﺴﻠﻄﺎت اﻟﺒﻠﺪﻳﺔ ﻟﺪﻳﻬﺎ
وﻧﺸﺮﻫﺎ )ﻋﻠﻰ ﺳﺒﻴﻞ اﻟﻤﺜﺎل ،اﻟﺴﻜﻦ اﻟﺼﻼﺣﻴﺔ ﻟﺘﺤﺪﻳﺪ ﻣﺴﺘﻮﻳﺎت اﻟﺮﺳﻮم،
اﻟﺨﺎص ،اﻟﻤﺄوى اﻟﺠﻤﺎﻋﻲ ،واﻷراﺿﻲ ﺗﺤﺼﻞ أي ﻧﻮع ﻣﻦ اﻹﻳﺮادات. وﻟﻜﻨﻬﺎ ﻻ ّ
اﻟﺰراﻋﻴﺔ( .وﻟﻤﺎ ﻛﺎن ﻣﻦ اﻟﺼﻌﺐ ﻓﺮض ﻟﺬا ،ﻫﻨﺎك ﻓﺮﺻﺔ ﻣﺤﺘﻤﻠﺔ ﻟﻠﺘﻔﺎوض ﻋﻠﻰ
إﺗﻔﺎﻗﺎت ﻣﺤ ّﺪدة ﻷﻃﺮاف اﻟﻘﻄﺎع ﺗﺨﻔﻴﺾ رﺳﻮم ﺗﺴﺠﻴﻞ ﻋﻘﻮد اﻹﻳﺠﺎر
اﻟﺨﺎص ،ﻓﺈن إﺗﻔﺎﻗﺎت ﻧﻤﻮذﺟﻴﺔ ﺗﺴﺎﻋﺪ ﻣﻘﺎﺑﻞ اﻹﻟﺘﺰام ﺑﺰﻳﺎدة ﻋﺪد ﻋﻘﻮد اﻹﻳﺠﺎر
ﻋﻠﻰ رﻓﻊ ﻣﺴﺘﻮى اﻟﻮﻋﻲ ﻓﻴﻤﺎ ﻳﺘﻌﻠﻖ اﻟﻤﺴﺠﻠﺔ .ﻳﻤﻜﻦ ﻟﻠﺒﻠﺪﻳﺎت أن ﺗﺴﺘﺨﺪم
ﺑﺤﻘﻮق وﻣﺴﺆوﻟﻴﺎت ﻛﻞ ﻣﻦ اﻟﻤﺎﻟﻜﻴﻦ ﻋﺎﺋﺪات ﻫﺬه اﻟﻤﺼﺎدر ﻟﺘﻮﺳﻴﻊ أو ﺗﺤﺴﻴﻦ
واﻟﻤﺴﺘﺄﺟﺮﻳﻦ ﻋﻠﻰ ﺣﺪ ﺳﻮاء. اﻟﺨﺪﻣﺎت اﻟﺒﻠﺪﻳﺔ.
.١٢ﻳﻨﺒﻐﻲ وﺿﻊ ﺑﺮاﻣﺞ رﺻﺪ اﻹﺧﻼء .٩اﻟﻤﻄﻠﻮب ﻣﺰﻳﺪ ﻣﻦ اﻟﺒﺤﺚ اﻟﻤﻨﻬﺠﻲ
اﻟﺘﻌﺴﻔﻲ ﻋﻠﻰ اﻟﻤﺴﺘﻮى اﻟﻮﻃﻨﻲ ﻟﻔﻬﻢ دﻳﻨﺎﻣﻴﺎت ﺳﻮق اﻟﺴﻜﻦ واﻵﺛﺎر
ﺑﺎﻻﺷﺘﺮاك ﻣﻊ اﻟﺴﻠﻄﺎت اﻟﻤﺤﻠﻴﺔ اﻟﻘﺼﻴﺮة واﻟﻄﻮﻳﻠﺔ اﻷﺟﻞ ﻷزﻣﺔ اﻟﻨﺎزﺣﻴﻦ
واﻟﻤﻨﻈﻤﺎت ﻏﻴﺮ اﻟﺤﻜﻮﻣﻴﺔ ووزارة ﻋﻠﻰ اﻟﺴﻮق اﻟﺴﻜﻨﻲ اﻟﻠﺒﻨﺎﻧﻲ .وﻳﻨﺒﻐﻲ ﺑﺬل
اﻟﺸﺆون اﻻﺟﺘﻤﺎﻋﻴﺔ .ﻛﻤﺎ ﻳﻨﺒﻐﻲ وﺿﻊ ﺟﻬﺪ ﺧﺎص ﻟﺘﺤﺪﻳﺪ اﻟﺤﻮاﻓﺰ واﻟﻘﻮاﻧﻴﻦ ذات
إﺟﺮاءات ﺑﺴﻴﻄﺔ ﻟﺘﺤﺪﻳﺪ اﻷﺳﺮ اﻟﻤﻌ ّﺮﺿﺔ اﻷوﻟﻮﻳﺔ ﻟﺘﺤﺴﻴﻦ ﻧﺘﺎﺋﺞ ﺳﻮق .ﻓﻲ ﻫﺬا
ﻟﺨﻄﺮ اﻹﺧﻼء اﻟﺘﻌﺴﻔﻲ؛ وﻋﻨﺪﻣﺎ ﻻ اﻟﺼﺪد ،ﻳﺘﻌﻴﻦ ﺗﻌﺰﻳﺰ ﻗﺎﻋﺪة اﻷدﻟﺔ اﻟﻼزﻣﺔ
ﻳﻤﻜﻦ ﺗﺠﻨﺒﻪ ،ﻳﺠﺐ إﻳﺠﺎد ﻣﺠﻤﻮﻋﺔ ﻣﻦ ﻟﻮﺿﻊ اﻟﺴﻴﺎﺳﺎت.
اﻟﺒﺪاﺋﻞ ﻟﻺﺧﻼء ﻣﻊ ﺿﻤﺎن ﺗﻮﻓﻴﺮ اﻟﺴﻜﻦ
اﻟﻤﻨﺎﺳﺐ ﻟﻸﺳﺮة اﻟﻤﻄﺮودة. ٣. ٢ . ١اﻟﺤﻖ ﻓﻲ اﻟﺴﻜﻦ
.١٣ﻳﻨﺒﻐﻲ ﻟﻠﺠﻬﺎت اﻟﻤﻌﻨﻴﺔ ﺑﺎﻟﻤﺄوى إدﺧﺎل واراﺿﻲ واﻟﻤﻠﻜﻴﺔ
ﻋﻨﺼﺮ ﺿﻤﺎن ﺣﻤﺎﻳﺔ ﺣﻘﻮق اﻟﻨﺎزﺣﻴﻦ .١٠ﻳﻨﺒﻐﻲ ﻋﻠﻰ اﻟﺤﻜﻮﻣﺔ واﻟﺠﻬﺎت اﻟﻤﻌﻨﻴﺔ
واﻷرض واﻟﻤﻠﻜﻴﺔ .ﻓﻲ ﺣﻴﻦ ﻻ ﻳﺰال اﻟﻨﻬﺞ أن ﻋﻤﻠﻴﺎت اﻹﺧﻼء ﻧًﻔّﺬت ﻣﻦ ﺧﻼل أﻣﺮ
اﻟﻘﺎﺋﻢ ﻋﻠﻰ ﺣﻤﺎﻳﺔ ﺣﻘﻮق اﻟﻨﺎزﺣﻴﻦ ﻗﻀﺎﺋﻲ ،ﻛﻤﺎ ﻳﻘﺘﻀﻲ اﻟﻘﺎﻧﻮن اﻟﻠﺒﻨﺎﻧﻲ،
ﻣﺤﻮرﻳﺎً وﻣﺮﻛﺰﻳﺎً ،ﻳﺘﻌ ّﻴﻦ أن ﻳﻘﺘﺮن ﻫﺬا أو أﻧﻬﺎ إﺗﺒﻌﺖ اﻹﺟﺮاءات اﻟﻘﺎﻧﻮﻧﻴﺔ
اﻟﻨﻬﺞ ﺑﻨﻈﺎم اﻟﺤﻮاﻓﺰ اﻟﻤﺴﺘﻨﺪة إﻟﻰ اﻟﻤﺮﻋﻴﺔ .وأﺷﺎرت اﻟﺪراﺳﺔ أﻳﻀﺎً إﻟﻰ أن
اﻟﺴﻮق ﻟﺘﻜﻮن ﻓ ّﻌﺎﻟﺔ .ﺗﻤﺜﻞ أراﺿﻲ اﻟﺪوﻟﺔ اﻟﻌﺪﻳﺪ ﻣﻦ ﻋﻤﻠﻴﺎت اﻹﺧﻼءات إﺗﺴﻤﺖ
اﻟﺨﺎﺻﺔ واﻷوﻗﺎف )أراﺿﻲ اﻷوﻗﺎف ﺑﺎﻟﺘﻬﺪﻳﺪ واﻟﻤﻀﺎﻳﻘﺎت اﻟﻤﺘﻜﺮرة ،وﻓﻲ
ﻟﺘﻨﻈﻴﻢ أﻓﻀﻞ
ٍ اﻟﺪﻳﻨﻴﺔ( ﻓﺮﺻﺎ رﺳﻤﻴﺔ ﺑﻌﺾ اﻟﺤﺎﻻت ،ﻛﺎن اﻹﺧﻼء اﻟﺘﻌﺴﻔﻲ
ﻟﻠﻌﻼﻗﺎت ﺑﻴﻦ اﻟﻤﺎﻟﻚ واﻟﻤﺴﺘﺄﺟﺮ. ﻣﺪﻋﻮﻣﺎً ﺑﺘﻬﺪﻳﺪ ﺿﻤﻨﻲ أو ﺻﺮﻳﺢ ﻟﻠﻘﻮة
ﻣﻦ ﺟﺎﻧﺐ ﻣﻴﻠﻴﺸﻴﺎ ﻣﺴﻠﺤﺔ ،أو ﺣﺘﻰ ﻣﻦ
.١٥وﺗﺸﻴﺮ اﻟﺪراﺳﺔ أﻳﻀﺎ اﻟﻰ وﺟﻮد دﻟﻴﻞ ﻋﻠﻰ ﺑﻌﺾ ﻋﻨﺎﺻﺮ ﻗﻮات اﻟﺸﺮﻃﺔ.
اﻟﻤﺨﺎﻃﺮ اﻟﻤﺤﺘﻤﻠﺔ اﻟﻤﺘﺼﻠﺔ ﺑﺤﻤﺎﻳﺔ
اﻷراﺿﻲ واﻟﻤﻠﻜﻴﺔ اﻟﺘﻲ ﺗﺮﻛﻬﺎ اﻟﻨﺎزح .١٣ﻟﻢ ﻳﺤﺼﻞ أن ﺗﻘﺪم اﻟﻨﺎزﺣﻮن ﺑﺸﻜﺎوى
وراءه ﻓﻲ ﺳﻮرﻳﺎ .ﻓﻔﻲ ﺣﻴﻦ إدﻋﻰ أﻣﺎم اﻟﻤﺤﺎﻛﻢ .وﻟﻴﺲ ﻫﻨﺎك ﻣﻦ دﻟﻴﻞ
٪٨٣ﻣﻦ اﻟﻮاﻓﺪﻳﻦ اﻟﺠﺪد اﻟﺬﻳﻦ ﺷﻤﻠﻬﻢ ﻋﻠﻰ وﺟﻮد أي دﻋﻮى ﻗﻀﺎﺋﻴﺔ ﻟﻀﻤﺎن
اﻹﺳﺘﻄﻼع اﻟﺬي ﻧُﻔّﺬ ﻓﻲ ﻓﺒﺮاﻳﺮ/ﺷﺒﺎط ﺣﻘﻮق اﻟﻨﺎزﺣﻴﻦ ﻓﻲ اﻟﺴﻜﻦ واﻷراﺿﻲ
ﻣﻦ ﻋﺎم ٢٠١٤أﻧﻬﻢ أﺻﺤﺎب ﻣﻠﻚ ﻓﻲ واﻟﻤﻠﻜﻴﺔ .ﺑﺪﻻً ﻣﻦ ذﻟﻚ ،ﻳﻌﺘﻤﺪ ﻫﺆﻻء
ﺳﻮرﻳﺎ ،ذﻛﺮ اﻟﺒﻌﺾ ) (٪٥٨ﻋﺪم ﺣﻴﺎزﺗﻬﻢ ﻋﻠﻰ ﺷﺒﻜﺎت اﻟﻌﻼﻗﺎت اﻻﺟﺘﻤﺎﻋﻲ ،أو
ﻷي إﺛﺒﺎت ﻟﺤﻘﻮق ﻫﺬه اﻟﻤﻠﻜﻴﺎت. ﺑﺒﺴﺎﻃﺔ ﻻ ﻳﻌﻤﺪون اﻟﻰ ﺗﺤ ّﺪي ﻗﺮارات
أو إﺟﺮاءات ﻏﻴﺮ ﻣﺆاﺗﻴﺔ .ﻋﻠﻰ أن اﻟﺪراﺳﺔ
ﺗﺆﻛﺪ ،وﺑﻜﺜﻴﺮ ﻣﻦ اﻹﻳﺠﺎﺑﻴﺔ ،أن اﻟﻮﺳﺎﻃﺔ ٤ . ١ . ١أﻧﻤﺎط ﺗﺄﻣﻴﻦ اﻟﺴﻜﻦ
واﻟﻤﺸﻮرة اﻟﻘﺎﻧﻮﻧﻴﺔ ،ﻛﻤﺎ ﺗﻤﺎرس ﻣﻦ ﻗﺒﻞ وإﺳﺘﺨﺪام اراﺿﻲ
ﺑﻌﺾ اﻟﻤﻨﻈﻤﺎت اﻟﺪوﻟﻴﺔ ﻏﻴﺮ اﻟﺤﻜﻮﻣﻴﺔ،
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ﺑﺸﻜﻞ .١٦ﻳﻌﺘﻤﺪ اﻟﻨﺎزﺣﻮن اﻟﺴﻮرﻳﻮن
ﻳﻤﻜﻦ أن ﺗﻜﻮن ﻓﻌﺎﻟﺔ ﻓﻲ ﻣﻌﺎﻟﺠﺔ
ﻛﺜﻴﻒ ﻋﻠﻰ ﺷﺒﻜﺎت اﻟﻌﻼﻗﺎت
اﻟﻤﺨﺎوف ﻟﻀﻤﺎن ﺣﻘﻮق اﻟﻨﺎزﺣﻴﻦ ﻓﻲ
اﻹﺟﺘﻤﺎﻋﻴﺔ اﻟﺘﻲ ﻛﺎﻧﺖ ﻗﺎﺋﻤﺔ ﺣﺘﻰ ﻣﺎ
اﻟﺴﻜﻦ واﻷرض واﻟﻤﻠﻜﻴﺔ.
ﻗﺒﻞ اﻟﻨﺰاع اﻟﺴﻮري .وﺛﻤﺔ إﺣﺘﻤﺎل ﻛﺒﻴﺮ
ﺑﺄﻧﻬﻢ ،أي اﻟﻨﺎزﺣﻮن ،ﺗﻤﻜﻨﻮا ﻣﻦ ﺗﺄﻣﻴﻦ .١٤وﻳﺨﻠﺺ اﻟﺘﺤﻠﻴﻞ اﻟﻘﺎﻧﻮﻧﻲ اﻟﻰ أن إﺗ ّﺒﺎع
اﻟﻤﺄوى ﻣﻦ ﺧﻼل اﻟﻌﻤﺎل اﻟﻤﻬﺎﺟﺮﻳﻦ اﻟﻨﻬﺞ اﻟﻘﺎﻧﻮﻧﻲ اﻟﺮﺳﻤﻲ ﻟﻤﻘﺎرﺑﺔ ﺳﻮق
ﻣﻨﺬ ﻋﻘﻮد إﻟﻰ ﻟﺒﻨﺎن ،واﻟﻌﺎﻣﻠﻴﻦ ﺧﺎﺻ ًﺔ اﻟﺴﻜﻦ ﻏﻴﺮ اﻟﻤﻨﺘﻈﻢ ،ﻣﻦ ﻏﻴﺮ اﻟﻤﻤﻜﻦ
ﻓﻲ ﻗﻄﺎع اﻟﺒﻨﺎء واﻟﺨﺪﻣﺎت ﻓﻲ اﻟﻤﻨﺎﻃﻖ أن ﻳﻜﻮن ﻟﻮﺣﺪه ﻓﻌﺎﻻً ﻓﻲ ﺿﻤﺎن ﺣﻤﺎﻳﺔ
اﻟﺤﻀﺮﻳﺔ ،وﻓﻲ اﻟﻘﻄﺎع اﻟﺰراﻋﻲ ﻓﻲ ﺣﻘﻮق اﻟﻨﺎزﺣﻴﻦ ﻓﻲ ﻣﻮﺿﻮع اﻟﺴﻜﻦ
.١٠ﻳُﺴﺘﺪل ﻣﻦ اﻟﺪراﺳﺔ اﻟﻰ ان ﻋﻤﻠﻴﺎت اﻟﻤﺄﺟﻮر دون دﻓﻊ اﻟﻤﺘﻮﺟﺐ ﻋﻠﻴﻬﻢ .وﻫﺬا
اﻟﺘﻌﺴﻔﻲ ﺑﺎﺗﺖ ﺗﺸﻜﻞ ﻣﺼﺪر ّ اﻹﺧﻼء ﻣﻦ ﺷﺄﻧﻪ أن ﻳﻮﺣﻲ أﻧﻪ ﻗﺪ ﻳﻜﻮن ﻫﻨﺎك
ﻗﻠﻖ ﻣﺘﺰاﻳﺪ .ﻣﻨﺬ ﻣﻨﺘﺼﻒ ﻋﺎم ،٢٠١٣ ﺑﻌﺾ اﻟﻔﺮص ﻟﻠﺘﺪﺧﻞ ﺑﻐﺮض ﺗﻨﻈﻴﻢ ﺳﻮق
ﺗﺘﻌﺎﻣﻞ اﻟﻤﻔﻮﺿﻴﺔ اﻟﻌﻠﻴﺎ )(UNHCR اﻟﻤﺨﻴﻤﺎت ﻏﻴﺮ اﻟﺮﺳﻤﻴﺔ.
ﻋﻠﻰ ﻧﺤﻮ ﻣﺘﺰاﻳﺪ ﻣﻊ اﻟﻤﺴﺎﺋﻞ اﻟﻤﺘﻌﻠﻘﺔ
ﺑﻌﻤﻠﻴﺔ اﻹﺧﻼءات .ﻛﻤﺎ ان اﻟﺘﻮﺟﻬﺎت .٨ﻓﻲ اﻟﻤﻨﺎﻃﻖ اﻟﺮﻳﻔﻴﺔ ﻓﻲ ﺟﻨﻮب ﻟﺒﻨﺎن،
اﻟﻤﺴﺘﻘﺒﻠﻴﺔ ﺑﺸﺄن اﻟﻤﺄوى ﺗﺸﻴﺮ اﻟﻰ ﺣﻴﺚ ﻛﺎن ﺗﺪﻓﻖ اﻟﻨﺎزﺣﻴﻦ أﻗﻞ ﺣ ّﺪة،
ﺗﻨﺎﻣﻲ ﻣﺜﻞ ﻫﺬه اﻟﻌﻤﻠﻴﺎت ﺑﺴﺒﺐ ﻳﺒﺪو أن اﻟﺴﻮق اﻟﺴﻜﻨﻲ ﻳﻌﻤﻞ ﺑﺸﻜﻞ
اﻟﻌﺪد اﻟﻤﺤﺪود ﻟﻠﻤﺴﺎﻛﻦ اﻟﻤﺘﺎﺣﺔ ﺟﻴﺪ ﻧﺴﺒﻴ ًﺎ ﻟﻠﻨﺎزﺣﻴﻦ .وﻗﺪ ﺳﺎﻫﻢ ﺗﻮﻓﺮ
ﺑﺄﺳﻌﺎر ﻣﻘﺒﻮﻟﺔ واﻟﺬي ﻳﺆدي إﻟﻰ اﻟﻤﺨﺰون ﻣﻦ اﻟﻤﺴﺎﻛﻦ اﻟﻔﺎرﻏﺔ ،وﻣﺤﺪودﻳﺔ
إﺳﺘﻨﻔﺎذ اﻟﻤﺪﺧﺮات ،ﻛﻤﺎ ﻳﺸﻴﺮ اﻟﻰ زﻳﺎدة اﻟﻔﺮص اﻟﻤﺘﺎﺣﺔ ﻟﺘﻮﺳﻴﻊ وﺑﻨﺎء اﻟﻤﺴﺎﻛﻦ
اﺣﺘﻤﺎﻻت ﺗﺨﻠّﻒ اﻟﻨﺎزﺣﻴﻦ ﻋﻦ ﺗﺴﺪﻳﺪ ﻟﻠﺘﺄﺟﻴﺮ ،واﻟﻬﺠﺮة اﻟﺘﻲ ﺗﻢ اﺣﺘﻮاﺋﻬﺎ ﻧﺴﺒﻴﺎً،
دﻓﻌﺎت اﻹﻳﺠﺎر. اﻟﻰ اﻹﺳﻬﺎم ﻓﻲ ﺗﻮﻓﻴﺮ ﺳﻴﻨﺎرﻳﻮﻫﺎت أﻛﺜﺮ
اﻳﺠﺎﺑﻴﺔ ﺑﺸﺄن اﻟﻤﺄوى.
.١١ﺛﻤﺔ ﻣﻌﻠﻮﻣﺎت ﻋﻦ ﻋﻤﻠﻴﺎت اﻹﺧﻼءات
اﻟﺘﻌﺴﻔﻲ إﻟﻰ أن ﻏﺎﻟﺒﻴﺔ ﻫﺬه اﻟﺤﺎﻻت ٣ . ١ . ١اﻟﺤﻖ ﻓﻲ اﻟﺴﻜﻦ وارض
ﺗﺤﺪث ﺑﺴﺒﺐ ﻋﺪم ﻗﺪرة اﻟﻨﺎزﺣﻴﻦ واﻟﻤﻠﻜﻴﺔ
ﻋﻠﻰ ﺗﺴﺪﻳﺪ دﻓﻌﺎت اﻹﻳﺠﺎر اﻟﻤﺘﻔﻖ
.٩اﻟﻨﺎزﺣﻮن ﻫﻢ ﻋﻤﻮﻣ ًﺎ ﻟﻴﺴﻮا ﻋﻠﻰ ّﺑﻴﻨﺔ ﻣﻦ
ﻋﻠﻴﻪ .ﻓﻲ ﻋﺪد ﻣﻦ اﻟﺤﺎﻻت ،ﻳﺤﺼﻞ
ﺣﻘﻮﻗﻬﻢ ﻓﻲ اﻟﺴﻜﻦ ،إن ﺑﻤﻮﺟﺐ اﻟﻘﺎﻧﻮن
اﻹﺧﻼء ﺑﺴﺒﺐ ﻣﺎ ﻳﺴﻤﻰ ﺑﺎﻟﻤﺨﺎوف
اﻟﻠﺒﻨﺎﻧﻲ أو اﻟﻘﺎﻧﻮن اﻟﺪوﻟﻲ ﻟﺤﻘﻮق اﻹﻧﺴﺎن.
اﻷﻣﻨﻴﺔ )ﻣﺜﻞ ﻗﺮﺑﻪ ﻣﻦ ﻣﻮﻗﻊ ﻟﻠﺠﻴﺶ(
وﻋﻠﻰ وﺟﻪ اﻟﺨﺼﻮص ،ﺑﺪا اﻟﻨﺎزﺣﻮن ﻋﻤﻮﻣﺎ
أو ﺑﺴﺒﺐ اﻟﺘﻮﺗﺮات ﻣﻊ اﻟﻤﺠﺘﻤﻌﺎت
ﻏﻴﺮ ﻣﺪرﻛﻴﻦ ﻟﻤﻨﺪرﺟﺎت اﻟﻘﺎﻧﻮن اﻟﻠﺒﻨﺎﻧﻲ
اﻟﻤﺤﻠﻴﺔ .وﻣﻊ ذﻟﻚ ،ﻓﺈن ﻫﺬه اﻟﺤﺎﻻت
اﻟﻤﺘﻌﻠﻖ ﺑﻌﻘﻮد اﻹﻳﺠﺎرات ﻟﻼﻣﻼك اﻟﻤﺒﻨﻴﺔ
ﺗﻤﺜﻞ أﻗﻠﻴﺔ.
)اﻟﺸﻘﻖ واﻟﻤﻨﺎزل( اﻟﺬي ﻳﻮﻓﺮ ﻓﻲ ﻛﺜﻴﺮ ﻣﻦ
.١٢ﻓﻲ ﺣﻴﻦ أن ﻋﺪم ﺗﺴﺪﻳﺪ اﻹﻳﺠﺎر ﻳﻤﺜﻞ ﻣﺒﺮرا ً اﻟﺤﺎﻻت ﺿﻤﺎن إﺷﻐﺎل اﻟﻤﺄﺟﻮر ﻟﻤﺪة ﺛﻼث
ﺷﺮﻋﻴﺎ ﻹﺧﻼء اﻟﻤﺄﺟﻮر ،ﺗﺸﻴﺮ اﻟﺪراﺳﺔ ﺳﻨﻮات وﻟﻴﺲ ﻟﻔﺘﺮة ﺳﻨﺔ واﺣﺪة ﺑﺤﺴﺐ
إﻟﻰ أن ﻫﺬه اﻟﻌﻤﻠﻴﺎت ﻏﺎﻟﺒ ًﺎ ﻣﺎ ﺗﺤﺪث اﻻﻋﺘﻘﺎد اﻟﺴﺎﺋﺪ ﺑﺸﻜﻞ ﻋﺎم .أﺿﻒ اﻟﻰ
ﺧﺎرج أي إﻃﺎر ﻗﺎﻧﻮﻧﻲ ،وﺗﺸﻜﻞ اﻧﺘﻬﺎﻛﺎ إﻧﻬﻢ ،أي اﻟﻨﺎزﺣﻮن ،ﻟﻴﺴﻮا ﻋﻠﻰ ﺑ ّﻴﻨﺔ أن
ﻟﻠﻘﺎﻧﻮن اﻟﻠﺒﻨﺎﻧﻲ واﻟﻤﻌﺎﻳﻴﺮ اﻟﻤﺘﺒﻌﺔ اﻹﺧﻼء ﻳﺠﺐ ان ﻳﻜﻮن ﻣﺸﻔﻮﻋﺎً ﺑﻘﺮار ﻣﻦ
اﻟﺪوﻟﻴﺔ .ﻛﻤﺎ أﻧﻪ ﻻ ﻳﻮﺟﺪ أي دﻟﻴﻞ ﻳﺜﺒﺖ اﻟﻤﺤﻜﻤﺔ.
ﻟﻬﺬا اﻟﺴﻮق ﻏﻴﺮ اﻟﺮﺳﻤﻲ. أن اﻟﺘﻤﻮﻳﻞ ﺗﺤﺖ اﻟﺸﻖ اﻹﻧﺴﺎﻧﻲ ﺳﻴﺘﺮﻛﺰ
ﺑﺸﻜﻞ ﻣﺘﺰاﻳﺪ ﻋﻠﻰ اﻷﺳﺮ اﻷﻛﺜﺮ ﺗﻬﻤﻴﺸﺎً
.٦ﻓﻲ اﻟﻤﻨﺎﻃﻖ اﻟﺤﻀﺮﻳﺔ اﻟﻜﺒﻴﺮة ،ﻧﺸﺄت وﻋﻠﻰ ﺗﺄﻣﻴﻦ اﻟﺪﻋﻢ ﻋﻠﻰ اﻟﻤﺪى اﻟﻘﺼﻴﺮ
ﻓﻴﻤﺎ ﺑﻴﻦ أﺻﺤﺎب اﻟﻌﻘﺎرات واﻟﻮﻛﻼء ﻋﻦ ﻃﺮﻳﻖ ﺗﻮﻓﻴﺮ اﻟﻤﺄوى ﻟﻬﻢ .ﻓﻲ اﻟﻮﻗﺖ
اﻟﻌﻘﺎرﻳﻴﻦ وأﻣﺮاء اﻷﺣﻴﺎء اﻟﻔﻘﻴﺮة ﻣﻦ ﻧﻔﺴﻪ ،ﻟﻢ ﻳﺘﺤﻘﻖ اﻟﺘﻤﻮﻳﻞ ذي اﻟﺘﻮﺟﻪ
ﺟﻬﺔ ،واﻟﻤﺴﺘﺄﺟﺮﻳﻦ ﻣﻦ ﺟﻬﺔ أﺧﺮى، اﻟﺘﻨﻤﻮي اﻟﻤﺘﻤﺜﻞ ﺑﺘﺄﻣﻴﻦ اﻟﻤﺄوى ﻋﻠﻰ
ﻋﻼﻗﺔ ﺗﺘﺴﻢ ﺑﺎﻟﻀﺮاوة زادت ﻣﻦ ﺗﻌﻘﻴﺪات اﻟﻤﺪى اﻟﻄﻮﻳﻞ .ﻟﻘﺪ ﻣ ّﺮ أرﺑﻊ ﺳﻨﻮات ﻋﻠﻰ
اﻟﺘﺪﺧﻞ ﻟﺘﻨﻈﻴﻢ اﻟﺴﻮق اﻟﺴﻜﻨﻲ .إن ﻣﻮﻗﻊ أزﻣﺔ اﻟﻨﺎزﺣﻴﻦ ،واﻟﺘﻤﻮﻳﻞ اﻟﻤﺨﺼﺺ ﻟﺘﺄﻣﻴﻦ
اﻟﻘﻮة اﻟﺬي ﻳﺘﻤﺘﻊ ﺑﻪ اﻟﻤﻼﻛﻴﻦ ووﻛﻼﺋﻬﻢ اﻟﻤﺄوى ﻗﺪ ﻳﺴﺘﻤﺮ ﻓﻲ اﻟﺘﺮﻛﻴﺰ ﻋﻠﻰ ﻣﻌﺎﻟﺠﺔ
)ﻣﻌﻠﻮﻣﺎت ،وﺷﺒﻜﺎت ،وﺗﻬﺪﻳﺪ ﺣﻘﻴﻘﻲ اﻷﻋﺮاض ﺑﺪﻻً ﻣﻦ اﻟﺘﺮﻛﻴﺰ ﻋﻠﻰ اﻟﺘﺤﺪﻳﺎت
ﺑﺎﻟﻄﺮد( ﻣﻘﺎرﻧﺔ ﺑﻬﺸﺎﺷﺔ وﺿﻊ اﻟﻨﺎزﺣﻴﻦ اﻻﺳﺘﺮاﺗﻴﺠﻴﺔ ﻷزﻣﺔ ﻃﺎل أﻣﺪﻫﺎ .وﺑﺎﻟﺘﺎﻟﻲ،
اﻟﺴﻮرﻳﻴﻦ ،وﻣﺎ ﻳﻮﻓﺮه ﻫﺬا اﻟﻤﻮﻗﻊ ﻣﻦ ﻣﺰاﻳﺎ ﻳﻜﻮن اﻟﻤﺄوى ﺑﻤﺜﺎﺑﺔ ﺧﺸﺒﺔ اﻟﺨﻼص ﻹﻧﻘﺎذ
وأرﺑﺎح ﻃﺎﺋﻠﺔ ﻟﻬﻢ ،إﻧﻤﺎ ﻳﺪل ﻋﻠﻰ ﻋﺪم ﺣﻴﺎة اﻟﻨﺎزﺣﻴﻦ ،وﻻ ﻳﻠﺒﻲ ﺣﺘﻰ أدﻧﻰ ﻣﻌﺎﻳﻴﺮ
رﻏﺒﺔ ﻫﺆﻻء اﻟﻤﻼّﻛﻴﻦ واﻟﻮﺳﻄﺎء اﻟﻌﻘﺎرﻳﻴﻦ اﻟﺴﻜﻦ اﻟﻼﺋﻖ واﻟﻤﻼﺋﻢ.
ﻓﻲ رؤﻳﺔ أي ﺷﻜﻞ ﻣﻦ أﺷﻜﺎل اﻟﺘﻨﻈﻴﻢ
اﻟﺘﻲ ﻣﻦ ﺷﺄﻧﻬﺎ ﺗﻘﻮﻳﺾ ﻧﻔﻮذﻫﻢ .وﻳﺘﻔﺎﻗﻢ ٢ . ١ . ١ﺳﻮق اﻟﺴﻜﻦ
اﻟﻮﺿﻊ ﺳﻮءا ً ﺑﺸﻜﻞ ﺧﺎص ﻓﻲ اﻷﺣﻴﺎء اﻟﺘﻲ
ﻳﻘﻮم اﻟﻮﺳﻄﺎء ﺑﺈدارة اﻟﻤﻤﺘﻠﻜﺎت ﻧﻴﺎﺑﺔ ﻋﻦ .٥إن اﻟﻄﺎﺑﻊ ﻏﻴﺮ اﻟﺮﺳﻤﻲ ﻟﺴﻮق اﻟﺴﻜﻦ
وﺧﺎﺻﺔ ﻟﺬوي اﻟﺪﺧﻞ ً ﻓﻲ ﻟﺒﻨﺎن
اﻟﻤﻼّﻛﻴﻦ اﻟﻐﺎﺋﺒﻴﻦ اﻟﺬﻳﻦ ﺗﺮﻛﻮا ﻣﻨﺎزﻟﻬﻢ
ﺑﻌﺪﻣﺎ ازداد ﻋﺪد اﻟﻨﺎزﺣﻴﻦ ﻓﻴﻬﺎ ﺑﺸﻜﻞ ﺣﺎد. اﻟﻤﻨﺨﻔﺾ ﻳﻘﻊ ﻓﻲ ﺻﻠﺐ ﻣﺴﺄﻟﺔ اﻟﻤﺄوى
ﻟﻠﻨﺎزﺣﻴﻦ .وﺗﺨﻠﺺ اﻟﺪراﺳﺔ إﻟﻰ أن اﻟﻐﺎﻟﺒﻴﺔ
.٧ﻓﻲ اﻟﻤﻨﺎﻃﻖ اﻟﺮﻳﻔﻴﺔ ،ﻻ ﺳﻴﻤﺎ ﻓﻲ اﻟﻌﻈﻤﻰ ﻣﻦ اﻟﻨﺎزﺣﻴﻦ اﻟﺴﻮرﻳﻴﻦ ،وﺧﺎﺻ ًﺔ
اﻟﻤﺨﻴﻤﺎت ﻏﻴﺮ اﻟﺮﺳﻤﻴﺔ ،ﻳﺒﺪو ان أداء اﻟﻤﻬﻤﺸﻴﻦ ،ﻳﻠﺠﺄون إﻟﻰ ﻗﻨﻮات اﻟﺴﻮق
اﻟﺴﻮق ﻫﻮ ﻋﻤﻮﻣ ًﺎ رديء ،وﻳﺘﻢ ﻋﻠﻰ ﻏﻴﺮ اﻟﺮﺳﻤﻲ ﻟﺘﺄﻣﻴﻦ اﻟﻤﺄوى .وﻓﻲ ﺣﻴﻦ
ﺣﺴﺎب اﻟﻨﺎزﺣﻴﻦ واﻟﻤﻼﻛﻴﻦ ﻋﻠﻰ اﻟﺴﻮاء. أن اﻟﺴﻮق ﻏﻴﺮ اﻟﺮﺳﻤﻲ ﻳﺘﺴﻢ ﺑﻜﺜﻴﺮ ﻣﻦ
ﻓﺎﻟﻤﻌﻠﻮﻣﺎت اﻟﺘﻲ ﺑﺤﻮزة اﻟﻤﺴﺘﺄﺟﺮﻳﻦ ﻧﻘﺎط اﻟﺘﻌﺴﻔﻲ )اﻻﺳﺘﺠﺎﺑﺔ ،واﻟﻤﺮوﻧﺔ،
ﺑﺸﺄن ﺗﻮاﻓﺮ اﻷراﺿﻲ ﺷﺤﻴﺤﺔ ،وﻛﺬﻟﻚ ٍ
ﻣﻜﻠﻒ ﻧﺴﺒﻴﺎً( ،ﻓﺈن ﻟﺪﻳﻪ أوﺟﻪ ﻗﺼﻮر وﻏﻴﺮ
ﺑﺎﻟﻨﺴﺒﺔ اﻟﻰ اﻟﻤﻮﻗﻊ ،واﻻﺳﻌﺎر .أﻣﺎ اﻟﻤﻼﻛﻴﻦ ﺷﺪﻳﺪة )ﻣﺴﺎﻛﻦ ﻣﺘﺪﻧﻴﺔ اﻟﺠﻮدة ،إﺷﻐﺎل
ﻓﻴﻌﻤﺪون اﻟﻰ وﺿﻊ أﺳﻌﺎر ﺑﻤﺴﺘﻮﻳﺎت ﻏﻴﺮ ﻏﻴﺮ ﻣﺴﺘﻘﺮ ﻟﻠﻤﺄﺟﻮر ،وأﺛﺮ ﺑﻴﺌﻲ ﺳﻠﺒﻲ( .إن
واﻗﻌﻴﺔ ،ﻟﻴﻮاﺟﻬﻮا ﻓﻴﻤﺎ ﺑﻌﺪ وﺿﻌﺎً ُﻣﺮﺑﻜﺎً أي ﺗﺪﺑﻴﺮ ﻟﻤﻌﺎﻟﺠﺔ ﻣﺴﺎﺋﻞ ﺗﺘﻌﻠﻖ ﺑﻤﺄوى
ﻳﺘﻤﺜﻞ ﺑﺘﺮك اﻟﻨﺎزﺣﻴﻦ ﺑﻜﻞ ﺑﺴﺎﻃﺔ ﻟﻠﻤﻜﺎن/ اﻟﻨﺎزﺣﻴﻦ ﻳﺠﺐ أن ﻳﻘﻮم ﻋﻠﻰ ﻓﻬﻢ واﺿﺢ
ﺑﻌﺾ اﻷﺳﺮ اﻟﻨﺎزﺣﺔ اﻟﺘﻲ إﺳﺘﻘﺮت ﻓﻲ ١ . ١اﻟﻨﺘﺎﺋﺞ اﻟﺮﺋﻴﺴﻴﺔ ﻟﻠﺪراﺳﺔ
ﻟﺒﻨﺎن إﻟﻰ ﺗﺨﻔﻴﺾ ﻣﺴﺘﻮى ﺧﻴﺎراﺗﻬﺎ ﺑﺸﺄن
ﻧﻮﻋﻴﺔ اﻟﻤﺄوى اﻟﺬي ﺑﻤﻘﺪورﻫﻢ إﺳﺘﺌﺠﺎره. ١ . ١ . ١ﻇﺮوف اﻟﻤﺄوى وا:ﺗﺠﺎﻫﺎت
وﺑﺎﻟﺘﺎﻟﻲ ﻟﻢ ﻳﻌﺪ ﻟﺪى ﻣﺠﻤﻮﻋﺎت اﻟﻨﺎزﺣﻴﻦ اﻟﻤﺴﺘﻘﺒﻠﻴﺔ
اﻟﻮاﻓﺪة ﺣﺪﻳﺜﺎً واﻟﺬﻳﻦ ﻳﻨﺘﻤﻮن أﺻﻼً إﻟﻰ
ﻓﺌﺎت ﻣﻌﺪوﻣﺔ ،ﺳﻮى ﺑﻌﺾ اﻟﺨﻴﺎرات .١إن اﻟﻤﺄوى ﻏﻴﺮ ّ
ﻣﺘﻴﺴﺮ ﺑﺎﻟﻨﺴﺒﺔ اﻟﻰ ٪٤١
اﻷﺧﺮى اﻟﻀﺌﻴﻠﺔ أﺿﻒ إﻟﻰ ﺧﻴﺎر اﻟﻤﺄوى ﻣﻦ اﻟﺴﻮرﻳﻴﻦ اﻟﻨﺎزﺣﻴﻦ ﻓﻲ ﻟﺒﻨﺎن ،ﻛﻤﺎ ان
اﻟﻤﻴﺴﺮ داﺧﻞ اﻷﺣﻴﺎء واﻟﻤﻨﺎﻃﻖ اﻟﻔﻘﻴﺮة
ّ اﻟﻤﺄوى اﻟﻤﻼﺋﻢ ﻫﻮ ﺑﺒﺴﺎﻃﺔ ﻏﻴﺮ ﻣﺘﻮﻓﺮ،
واﻟﻤﻜﺘﻈّﺔ. وﺧﺎﺻﺔ ﻋﻠﻰ اﻟﻤﺪى اﻟﻄﻮﻳﻞ .وﺗﻤﺎﺷﻴﺎً ﻣﻊ
اﻟﻌﺪﻳﺪ ﻣﻦ اﻟﺘﻘﺎرﻳﺮ اﻟﺘﻲ ﺳﺒﻖ وﻧًﺸﺮت
.٣إرﺗﻔﻊ ﻋﺪد اﻟﻨﺎزﺣﻴﻦ اﻟﻤﺴﺘﻔﻴﺪﻳﻦ ﻣﻦ ﺣﻮل ﻫﺬا اﻟﻤﻮﺿﻮع ،ﺗﺆﻛﺪ اﻟﺪراﺳﺔ ﻋﻠﻰ
ﻣﺴﺎﻋﺪات اﻟﻤﺄوى ﺑﺸﻜﻞ ﻣﻠﺤﻮظ ﺑﻴﻦ اﻟﻈﺮوف اﻟﻤﻌﻴﺸﻴﺔ اﻟﻤﺰرﻳﺔ اﻟﺘﻲ ﺗﻮاﺟﻪ
ﻋﺎﻣﻲ ٢٠١٢و .٢٠١٣ﻓﻔﻲ ﺣﻴﻦ ﺗﻠﻘﻰ ﻫﺆﻻء اﻟﻨﺎزﺣﻴﻦ ،اﻟﺬﻳﻦ ﺑﻐﺎﻟﺒﻴﺘﻬﻢ ﻫﻢ ﻣﻦ
٥٤,٤٥٠ﻧﺎزح ﻣﺴﺎﻋﺪات ﻟﺘﺄﻣﻴﻦ اﻟﻤﺄوى ﻓﻲ اﻟﻔﺌﺎت اﻟﻤﻌﺪوﻣﺔ وﻳﻌﺎﻧﻮن ﻣﻦ رداءة
ﻋﺎم ) ٢٠١٢ﻣﻦ أﺻﻞ ﻣﺎ ﻣﺠﻤﻮﻋﻪ ١٧٠,٦٣٧ اﻟﻤﺄوى ،واﻻﻛﺘﻈﺎظ ،وﻣﺤﺪودﻳﺔ ﻓﺮص
ﻧﺎزح ﻣﺴ ّﺠﻞ ﺑﺤﻠﻮل دﻳﺴﻤﺒﺮ/ﻛﺎﻧﻮن اﻻول اﻟﺤﺼﻮل ﻋﻠﻰ اﻟﻤﻴﺎه ،وﺧﺪﻣﺎت اﻟﺼﺮف
،(٢٠١٢ﺑﻠﻎ ﻋﺪد اﻟﺬﻳﻦ ﺗﻠﻘﻮا ﻣﺴﺎﻋﺪة اﻟﺼﺤﻲ ﻛﻤﺎ واﻟﺨﺪﻣﺎت اﻟﺤﻀﺮﻳﺔ اﻷﺳﺎﺳﻴﺔ
ﻟﺘﺄﻣﻴﻦ اﻟﻤﺄوى ٢٠٩,٢١٤ﻧﺎزح ﻓﻲ ﻋﺎم وذﻟﻚ ﻓﻲ ﺟﻤﻴﻊ أﻧﺤﺎء اﻟﺒﻼد .وﺗﺆﻛﺪ
) ٢٠١٣ﻣﻦ ﺑﻴﻦ ﻣﺎ ﻳﻘ ّﺪر ﻣﺠﻤﻮﻋﻪ ﺑﻤﻠﻴﻮن اﻟﺪراﺳﺔ أﻳﻀﺎ أن اﻟﺴﻜﻦ ﻫﻮ اﻟﺸﻐﻞ اﻟﺸﺎﻏﻞ
ﻧﺎزح( ،أي ﺑﺰﻳﺎدة ﻗﺪرﻫﺎ ﺛﻼﺛﺔ أﺿﻌﺎف ﻟﻤﻌﻈﻢ اﻟﻨﺎزﺣﻴﻦ ﺑﺎﻟﺪرﺟﺔ اﻷوﻟﻰ ،ﺳﻮاء
اﻷﺷﺨﺎص اﻟﺬﻳﻦ ﺑﺤﺎﺟﺔ ﻣﺄوى. ﻟﻨﺎﺣﻴﺔ ﺟﻮدة اﻟﻤﺴﻜﻦ أو ﻛﻠﻔﺘﻪ اﻟﺸﻬﺮﻳﺔ.
.٤وﻣﻊ ذﻟﻚ ،ﺗﺸﻴﺮ اﻻﺗﺠﺎﻫﺎت اﻟﺤﺎﻟﻴﺔ إﻟﻰ .٢وﺗُﺒﺮِز اﻟﺪراﺳﺔ أﻳﻀﺎ أن ﻇﺮوف اﻟﻤﺄوى
أن اﻟﺠﻬﺎت اﻟﻤﺎﻧﺤﺔ اﻟﺘﻲ ﺗﺘﻌﺎﻃﻰ ﺗﺰداد ﺳﻮء ًا ﻋﻮض أن ﺗﺘﺤﺴﻦ ﻧﻈﺮا ً
ﺑﺎﻟﺸﻖ اﻹﻧﺴﺎﻧﻲ ﻟﺪﻳﻬﺎ أوﻟﻮﻳﺔ ﻣﻠﺤﺔ ﻟﻤﺤﺪودﻳﺔ اﻟﻤﺴﺎﻛﻦ اﻟﻤﻮﺿﻮﻋﺔ ﺑﺮﺳﻢ
ﻟﺘﻮﻓﻴﺮ اﻟﻤﺄوى ﻋﻠﻰ اﻟﻤﺪى اﻟﻘﺼﻴﺮ دون اﻹﻳﺠﺎر ﺑﺄﺳﻌﺎر ﻣﻘﺒﻮﻟﺔ .وﺗﺠﺪر اﻹﺷﺎرة
اﻻﻟﺘﻔﺎت اﻟﻰ أي ﺧﻴﺎرات أﺧﺮى ﻋﻠﻰ إﻟﻰ أ ّن ﻋﺪد اﻟﻤﺴﺎﻛﻦ اﻟﻤﺘﻮﻓﺮ ﻓﻲ ﻟﺒﻨﺎن
اﻟﻤﺪى اﻟﻄﻮﻳﻞ ،ﻣﺜﻞ إﻋﺎدة اﻟﺘﺄﻫﻴﻞ .إن ﻫﻮ ﻗﻠﻴﻞ ﺣﺘّﻰ ﻗﺒﻞ أزﻣﺔ اﻟﻨﺎزﺣﻴﻦ اﻟﺤﺎﻟﻴﺔ،
اﻟﺪﻋﻢ اﻟﻤﺘﻤﺜﻞ ﺑﺈﻋﺎدة اﻟﺘﺄﻫﻴﻞ ﻫﻮ أﻛﺜﺮ ﻓﻤﻨﺬ ﻋﻘﻮد ﻳﻮاﺟﻪ ﻟﺒﻨﺎن ﻧﻘﺼﺎً ﻓﻲ اﻟﻤﺴﺎﻛﻦ
ﺗﻜﻠﻔﺔ ﻟﻠﻔﺮد ﻋﻠﻰ اﻟﻤﺪى اﻟﻘﺼﻴﺮ ،وﻓﻲ ﻇﻞ اﻟﻤﺘﻮﻓّﺮة وﺑﺄﺳﻌﺎر ﻣﻘﺒﻮﻟﺔ .وﻧﺘﻴﺠﺔ ﻟﺬﻟﻚ،
اﻷزﻣﺔ اﻟﻤﺎﻟﻴﺔ اﻟﺤﺎﻟﻴﺔ ،ﻫﻨﺎك دﻻﺋﻞ ﻋﻠﻰ إرﺗﻔﻌﺖ أﺳﻌﺎر اﻹﻳﺠﺎرات ،ﻣﻤﺎ إﺿﻄﺮ
اﻟﻨﺘﺎﺋﺞ اﻟﺮﺋﻴﺴﻴﺔ
واﻟﺘﻮﺻﻴﺎت
تم تنفيذ هذه املطبوعة بواسطة املفوضية السامية لألمم املتحدة لشؤون الالجئني وبرنامج األمم املتحدة
إن محتويات هذه املطبوعة ال ميكن بأي حال أن تعكس.للمستوطنات البرشية بدعم من االتحاد األورويب
. كام أنها ال متثّل بالرضورة وجهة النظر الرسمية للمفوضية السامية،وجهات نظر اإلتحاد األورويب