Lawyer: continued postponement of constitution drafting weakens state institutions; citizens' trust

Lawyer Masoud Mohammed Ali confirmed that the delay in drafting the permanent constitution in Syria has caused chaos and instability, deepened the gap between components, spread hate speech, weakened state institutions, and created a security vacuum.

He pointed out the most important components that the new Syrian constitution should be based on and that express the aspirations of the Syrian people, which are democracy, separation of powers, public freedoms, political pluralism, the rule of law, and respect for human rights.

He indicated that the new constitution should form a social contract that guaranties the rights of all Syrian components, nationalities, and religions, through a national consensus that ensures the rights of all Syrians, respects national, religious, and cultural diversity, and establishes a genuine partnership among them.

He pointed out that the constitutional guaranty necessary to achieve equality among citizens and to establish the principle of citizenship and the rule of law is the explicit provision of equality before the law, the prohibition of discrimination, the independence of the judiciary, and holding everyone accountable without exception.

To recognize the rights of the Kurdish people and other Syrian components, Masoud Ali pointed out that the constitution must first acknowledge national and cultural pluralism, in addition to guaranteeing linguistic and cultural rights for the Kurds and other components, and establishing the principle of national partnership.

He pointed out that the guaranty lies in forming a comprehensive representative committee that includes various national and religious components, women, youth, and civil society representatives, with a guaranty of genuine, not merely formal, participation. Then publish its draft transparently, provide sufficient time for public discussion, and then present it for a free and fair referendum under independent supervision.

Regarding the political and legal reasons behind the delay in launching a serious process to draft a new constitution in Syria, Masoud saw that political disagreements and the lack of trust between the parties are among the main reasons for the delay in drafting the constitution, in addition to the complexities of the transitional phase and the absence of national consensus on the form of the state and the system of governance.

Lawyer Masoud Ali considered that the absence of a comprehensive consensus constitution leads to a state of instability, deepening the divisions among the Syrian components, as the lack of a constitutional reference weakens trust and threatens stability and civil peace.

He pointed out the most important practical steps that should be taken to start drafting a national democratic constitution, through launching a comprehensive national dialog, forming an independent committee, setting a clear timeline, and benefiting from legal expertise, leading to a consensual drafting.

He pointed out that the role of human rights organizations and civil society lies in monitoring the constitutional process, providing proposals, raising constitutional awareness, and ensuring respect for human rights and international standards.

He pointed out the consequences of the continued postponement of the constitution, which include the persistence of political ambiguity, the weakening of state institutions, a decline in trust, and the difficulty of building a stable and democratic state.

In conclusion, lawyer Masoud Ali saw that the new Syrian constitution is not just a legal text, but it should be a comprehensive national contract that guaranties rights and freedoms, recognizes diversity, and achieves equality and partnership among all Syrians. Syria is not built through exclusion or imposition of will, but through consensus, justice, citizenship, and the rule of law.

ANHA