Department of Research, Studies and International News 17-03-2025

In a landmark move, Syria’s interim leader Ahmed al-Sharaa has declared the beginning of a “new history” for the country by signing a constitutional declaration. This document establishes a five-year transitional period while outlining fundamental rights, including women’s rights, freedom of expression, and justice for victims of the former regime.

The declaration comes three months after the downfall of Bashar al-Assad’s authoritarian rule, following an Islamist-led rebellion. The transition aims to create a more inclusive and rights-based governance system after decades of repression. However, this shift has been accompanied by unrest, particularly on Syria’s Mediterranean coast, where recent violent clashes resulted in the deaths of nearly 1,500 civilians, most of them from the Alawite minority, to which Assad’s family belongs.

Speaking at the presidential palace on Thursday, Sharaa emphasized his vision for a Syria where justice replaces oppression and compassion overcomes suffering. His administration has already taken significant steps, including repealing the previous Assad-era constitution and dissolving parliament, to lay the groundwork for democratic reforms.

Key Features of the Constitutional Declaration

The newly established transitional framework is set to last five years, during which a Transitional Justice Commission will be formed. This body will investigate past human rights violations, ensure accountability, and deliver justice to victims and survivors of the former government’s actions.

One of the document’s key provisions is the prohibition of glorifying the Assad regime or minimizing its crimes. According to Abdul Hamid al-Awak, a committee member involved in drafting the declaration, the new legal framework guarantees women’s full participation in work, education, and political life, ensuring their social and economic rights are protected.

In terms of governance, the declaration maintains the requirement that the president must be a Muslim, with Islamic jurisprudence designated as the primary source of legislation. Additionally, the president retains the sole authority to declare a state of emergency, a power that has drawn scrutiny.

The legislative process will be managed by a People’s Assembly, one-third of whose members will be appointed by the president. This body will be responsible for drafting and passing new laws, but it does not have the authority to impeach the president. Similarly, the president cannot dismiss lawmakers, ensuring a balance of power during the transitional phase.

The declaration also asserts the independence of the judiciary and guarantees freedoms related to speech, the press, and personal expression, measures aimed at fostering a more open society after years of suppression.

Diverging Reactions and Criticism

Despite these reforms, the declaration has not been universally welcomed. The Kurdish-led administration in northeastern Syria has strongly criticized the framework, arguing that it does not reflect Syria’s diverse social and political landscape.

The Syrian Democratic Forces (SDF), the military wing of the Kurdish administration, recently struck an agreement with Damascus to integrate into state institutions. However, Kurdish officials have stated that the constitutional declaration fails to address their people’s aspirations and undermines efforts toward a truly democratic Syria.

A particularly contentious clause in the declaration criminalizes calls for separatism, foreign intervention, or reliance on external powers. While the document does mention coordination with international partners for reconstruction efforts, it does not provide specific details on how this will be managed.

Challenges and Future Prospects

The declaration’s unveiling follows a surge of violence on Syria’s coast, which many analysts see as the most serious threat to the transition process so far. The mass killings that took place primarily targeted the Alawite community, with reports indicating that security forces were responsible for at least 1,476 civilian deaths.

In response, Sharaa has vowed to hold those responsible accountable, and several arrests have already been announced. However, given Syria’s complex political and sectarian landscape, ensuring justice while maintaining stability will be a formidable challenge.

Internationally, the United Nations has expressed cautious optimism about the new legal framework. UN Special Envoy for Syria, Geir Pedersen, emphasized the importance of proper implementation, stating that the declaration could serve as a solid foundation for a credible and inclusive political transition if enacted effectively.

As Syria embarks on this uncertain yet hopeful journey, the success of the transition will depend on the government’s ability to navigate internal divisions, prevent further violence, and uphold the principles of justice and democracy outlined in the declaration. The coming months will be crucial in determining whether this new era truly delivers on its promises or whether Syria will continue to grapple with the challenges of its tumultuous past.