Lebanon moves to ban property sales in Israeli-occupied areas in south

Lebanon's cabinet has approved a draft law seeking to prevent the sale or transfer of property in areas occupied by Israeli forces in southern Lebanon, as Israel continues to control more than 60 villages and towns in the region.

The bill, approved during a cabinet session chaired by President Joseph Aoun at Baabda Palace on Thursday, will now be referred to parliament for consideration.

The move comes as Israeli forces continue to carry out demolitions, explosions and earthworks targeting homes, buildings, infrastructure and agricultural land in southern Lebanon, despite a ceasefire agreement that came into effect around three months ago.

Lebanon has repeatedly called for an end to Israeli attacks and for the implementation of the framework agreement signed in Washington on 26 June.

Under the draft law, property transactions in the occupied areas would be prohibited and frozen under exceptional circumstances.

The bill, proposed by Finance Minister Yassine Jaber, argues that a balance must be maintained between the constitutional protection of private property and the need to safeguard public order and the public interest.

It also seeks to prevent the country's economic crisis from being exploited to encourage property owners to sell their land at significantly reduced prices.

Contracts, sales agreements and irrevocable powers of attorney registered before 8 October 2023 would be exempt from the proposed restrictions.

Government sources said the legislation is intended as a precautionary measure to prevent companies, major traders and property developers from exploiting the security and economic situation, as well as the financial difficulties facing property owners.

The sources also expressed concern that individuals linked to Israel could potentially be behind attempts to acquire land through deceptive practices, although no such cases had been identified so far.

The bill must still be approved by parliament and its final fate will depend on political and developments on the ground.

Concerns over property rights

The proposed restrictions have also raised questions over the rights of displaced Lebanese property owners.

Lebanese lawyer and law professor Jad Tohme said protecting southern land from changes in ownership resulting from the Israeli occupation represented a major national interest and could justify regulating property transactions in occupied areas under exceptional circumstances.

However, he said the constitutionality of the measure would depend not only on its objective but also on whether the restrictions were proportionate.

Private property is protected under Article 15 of Lebanon's constitution, and the exceptional circumstances should not be used to deprive owners of the ability to benefit from or dispose of their property indefinitely, Tohme said.

Many residents of southern Lebanon have been displaced from their villages and homes while facing severe economic pressures, he noted. State compensation and assistance have also been insufficient to meet their needs.

Preventing displaced residents from selling their property could therefore leave them in severe financial difficulty, he warned, effectively leaving them with property whose financial value they cannot access.

Tohme questioned whether an outright ban on sales was the best way to prevent Israeli-linked developers or other parties from acquiring land.

He suggested instead creating a system to regulate the identity of buyers and the conditions of ownership, potentially allowing sales only to eligible Lebanese buyers, giving the state a right of first refusal or requiring prior approval under clearly defined criteria.

"Protecting the land should not come at the expense of its owner," Tohme said, arguing that the legislation should prevent land from passing to parties whose ownership could pose a national security risk without placing an excessive burden on southern Lebanese property owners.

Earlier restrictions

Lebanon has previously imposed similar restrictions during periods of crisis.

Following the Beirut port explosion on 4 August 2020, the Culture Ministry temporarily prohibited transactions involving damaged properties, while the Finance Ministry issued a circular restricting the sale of properties of heritage and historical value without prior approval.

The latest proposal also comes amid longstanding concerns over land ownership in southern Lebanon.

Tohme noted that, following Israel's withdrawal from most of southern Lebanon in 2000, millions of square metres of Lebanese state-owned communal land were subject to encroachment and illegal occupation.

Financial prosecutors have previously investigated cases involving the seizure of large areas of public land.