As part of its advocacy efforts towards building a people-centered and sustainable recovery from the Beirut port explosion and its endeavors to promote inclusive and equitable social justice, as well as foster trust between individuals, entities, and the Lebanese government, the Lebanese Center for Policy Studies (LCPS) partnered with Transparency International (TI) and its local chapter, Transparency International Lebanon – No Corruption, to issue “The Reform Monitor.” The topics covered by the monitor are linked to the areas of reform, recovery, and reconstruction (3RF). The monitor falls within the Building Integrity and National Accountability in Lebanon (BINA’) project, which is funded by the European Union. The views expressed in the monitor do not necessarily reflect those of the donor.

What’s the issue at hand?

The devastating Port of Beirut explosion on 4 August 2020 killed over 200 people, wounded more than 6,000, and damaged an estimated 77,000 apartments located across 10,000 buildings situated within a three-kilometer radius of the blast (World Bank RDNA, 2020; UN Habitat, 2020; 3RF, 2020). The explosion caused widespread damage, estimated at $3.8 to $4.6 billion and losses of around $2.9 - $3.5 billion, with housing being the worst hit (3RF, 2020). Many of the capital’s heritage buildings were severely damaged and faced an existential crisis.

International legal frameworks such as the UNESCO convention concerning the Protection of the World Cultural and Natural Heritage, provide a definition for cultural heritage which includes monuments, groups of buildings, and sites. Heritage buildings would largely fall under the second category which consists of groups of buildings (either separate or connected) that are of an outstanding universal value from a historical, artistic, or scientific perspective. This value stems from their architecture, their homogeneity, or their place in the landscape (article 1).

Unlike international law, Lebanese law does not specify a definition and characteristics for heritage buildings, nor the time period for which they belong. Most heritage buildings in Lebanon date back to the Ottoman era and French Mandate period. Not only do they reflect certain architectural characteristics, but heritage buildings are also culturally and socially significant because they include cultural elements represented by crafts and traditions inherited in these neighborhoods (Dispensaire Juridique, 2021). The number of heritage buildings impacted by the explosion reached 640, according to the initial report of the General Directorate of Antiquities (Bou Aoun, 2020; 1; Rushdi, 2022).

The building law and master plan of Beirut (zoning) identifies very high investment rates in the city’s oldest areas (Bou Aoun, 2020). As such, real estate developers have an interest in these historical areas, where there are opportunities for lucrative real-estate development projects. It is therefore no surprise that following the explosion, owners of cultural heritage buildings were receiving tempting offers from building solicitors to sell their properties (Bou Aoun, 2020; Rushdi, 2022).

In light of the urgency to protect Beirut’s heritage, Law No.194 relating to the protection of the damaged and affected areas and their reconstruction following the Port of Beirut blast was issued in October 2020. According to article 3 of the law, real estate transactions are to be frozen in the affected areas for two years, during which the Ministry of Culture would prepare a specific plan to reconstruct and protect historical buildings and neighborhoods in a sustainable way.

Furthermore, the law has a special provision under article 7 for the preservation of heritage buildings, however it is worth noting that this article addresses the issue of heritage buildings only in the areas specified by the decree (Medawar, Rmeil, Saifi, and the Beirut port) (Dispensaire Juridique, 2021). Article 7 stipulates that it is not permissible to rebuild threatened or damaged heritage buildings except with permission from the Ministry of Culture, according to which the same specifications and external appearance of the demolished or damaged buildings are maintained.

Background on the Legal Framework for the Protection of Built Heritage

While there is no specific law in Lebanon to protect built heritage, historic buildings are currently subject to the Ancient Antiquities Law, which was issued by Decree 166 in 1933 and has not been amended since the time of the French mandatatory period (Dispensaire Juridique, 2021; AUB University Libraries, Library Guides). The antiquities law protects everything that was built before the year 1700 (article 1). As for heritage buildings that were constructed after 1700, they are considered antiquities that are subject to this law if their preservation serves the public interest (historically and artistically), and if they are registered in the general inventory list of historical buildings (article 1) (Haroun and Abdul Massih, 2013).

According to article 21 of the antiquities law, the inventory includes ancient immovable antiquities that are the property of the state, individuals, parishes, companies, sects, and whose preservation is of public artistic or historical interest. Since the end of the Civil War in 1990, including heritage buildings on this list has been the only mechanism by which to prevent their demolition. Currently, the registration of heritage buildings on the inventory list is based on the proposal of the Director General of Antiquities (Bou Aoun, 2020).

The anitquities law establishes two complementary steps to protect heritage buildings. The first step entails recording the historical estate on the general inventory list. The second step entails officially registering the building as a heritage building based on a decree from the Council of Ministers (Dispensaire Juridique, 2021). A draft law on the protection of heritage buildings was proposed to Parliament in 2017 (Decree No. 1936), but has not been passed yet.

As for international legal frameworks that provide for the protection of built heritage, Lebanon has ratified the Convention Concerning the Protection of the World Cultural and Natural Heritage, according to Law No. 19/1990. As a signatory to this instrument, the Lebanese government has a duty to ensure the identification, protection, conservation, presentation, and transmission to future generations of the cultural and natural heritage situated on its territory (Article 4).

In order to implement this provision, the government has a duty to integrate the protection of natural and cultural heritage into comprehensive planning programs, set up services for the protection and conservation of heritage, conduct research that will help counteract damage to heritage, and adopt the appropriate measures necessary for the identification, protection, conservation, presentation, and rehabilitation of this heritage (Article 5).

Limitations of the Legal Framework

The antiquities law contains many loopholes that hinder the effective protection of the urban fabric of heritage neighborhoods. Most notably, this law only protects individual or isolated properties. Furthermore, the lack of a clear definition or criteria for the concept of “heritage character” has contributed to property owners filing a petition before the Council of the State to exempt their properties and succeeded in removing them from the inventory list (Bou Aoun, 2020).

The general inventory list itself only includes a portion of heritage buildings. Although article 7 of Law 194/2020 prohibits the establishment of any real right of any kind on any building placed on the inventory list of buildings of a heritage nature, this law only protects buildings registered on the inventory list. As such, the law is limited in its application, whereby it does not cover multiple heritage buildings and the social groups residing in the urban space (Dispensaire Juridique, 2021).

Why is it important?

Establishing a legal framework that ensures the sustainability of Beirut’s urban heritage is important because it plays a vital role in preserving the city’s collective memory and identity. Furthermore, the establishment and implementation of this regulatory framework constitutes the third pillar of Lebanon’s 3RF: Reform, Recovery and Reconstruction Framework on social protection, social inclusion, and culture. It is important that a human-centered approach is applied to restoration efforts such that the relationship between the urban environment and its social, cultural, and economic elements is taken into account (Rushdi, 2022).

References:

Beirut Rapid Damage and Needs Assessment. 2020. Prepared by World Bank Group in cooperation with the European Union and the United Nations. 

UN-Habitat.2020. Beirut Port Explosion Response – Beirut Municipality Rapid Building-Level Damage Assessment.

Lebanon Reform, Recovery, and Reconstruction Framework (3RF).

Beirut’s Heritage Buildings. University Libraries: Library Guides. American University of Beirut.

Legal Clinic. Saint Joesph University. 2021.The Protection of Architectural Heritage.

Cynthia Bou Aoun. 2020. Protecting Heritage Buidlings while Awaiting Law (1): Buildings whose Demolition Has Been Suspended in Beirut Decreased from 1016 to 485 [سينتيا بوعون. 2020. المفكرة القانونية. حماية الأبنية التراثيّة في انتظار القانون (1): الأبنية المجمد هدمها في بيروت تراجعت من 1016 إلى 485 ف  209

Najat Rushdi. 2022. It Is Time to Act to Protect Beirut’s Cultural Heritage

نجاة رشدي. 2022. يونسكو. حان وقت العمل لحماية تراث بيروت الثقافي

Cynthia Bou Aoun. 2020. Heritage Buildings After the Beirut Explosion: Initiatives so that Solidere 2 is Not Repeated.

سينتيا بوعون. 2020. الأبنية التراثيّة بعد انفجار بيروت: مبادرات كي لا تتكرّر سوليدير 2

Cynthia Bou Aoun. 2020. Protecting Heritage Buildings while Awaiting Law (2): Draft Law for the Protection of Heritage Buildings. [سينتيا بوعون.2020. حماية الأبنية التراثيّة في انتظار القانون (2): مشروع قانون حماية الأبنية التراثيّة]

UNESCO. Lebanon. Conventions.

UNESCO. Convention Concerning the Protection of the World Cultural and Natural Heritage.

Nadine Panayot, Haroun. Jeanine Abdul Massih. 2013. An Assessment of the Lebanese Heritage Law: From the Twentieth to the Twenty-First Century

Lebanese University
الجامعة اللبنانية. مركز الأبحاث والدراسات في المعلوماتية القانونية. التشريعات النافذة. إجازة إنضمام لبنان إلى اتفاقية اليونسكو لحماية التراث العالمي الثقافي والطبيعي.