Legal Expert: Parliamentary independence is essential to fulfill Syrians’ aspirations

As no signs or indications have yet emerged regarding the convening of the first session of Syria’s parliament (People’s Assembly), political and legal reactions continue to vary concerning the mechanism used to form the parliament during the transitional period, amid questions about its legitimacy and its ability to represent Syrians from all backgrounds and communities.

In this context, lawyer and researcher in legal and human rights affairs Ali Iskan told ANHA agency that the circumstances Syria is currently experiencing, along with the existing divisions, make it difficult to hold “free and democratic elections in the ideal sense.” However, he emphasized that this does not prevent the raising of fundamental criticisms regarding the mechanism used to establish the current parliament.

Iskan explained that the recent “elections” do not represent the proper and healthy Syrian reality for several reasons, most notably the absence of genuine representation of Syria’s various communities, the method used to select candidates, and the unequal distribution of seats among governorates. He noted that the parliament’s legitimacy remains a matter of debate among legal experts and politicians, although many consider it the most feasible arrangement under the current circumstances.

On the electoral bodies, Iskan argued that they failed to achieve the level of popular representation required, considering that limiting the selection of parliamentary members to a restricted number of electors neither reflects a genuine democratic process nor guarantees broad representation of Syria’s diverse communities.

He added that it would have been possible to expand the electoral bodies to include wider segments of Syrian society, thereby ensuring more balanced representation of different communities, particularly in Hasakah Governorate.

On the President’s authority to appoint one-third of the parliament’s members, Iskan explained that this mechanism was adopted as part of the arrangements for the transitional period. However, he stated that it is inconsistent with the principle of separation of powers, which requires the legislative authority to remain independent from the executive branch and free from direct influence.

Iskan described the current mechanism as a process that more closely resembles restricting the selection of parliamentary representatives to a predetermined circle, rather than allowing broader participation throughout the various stages of nomination, election, and voting.

With regard to the representation of governorates and ethnic and religious communities, Iskan stressed that the current selection process does not reflect the true representation of Syria’s governorates, particularly Hasakah. He pointed out that Kurdish and Syriac representation fell below the required level despite their status as indigenous components of the country.

He further noted that the number of seats allocated to Hasakah Governorate was not proportional to its demographic reality and social diversity. He also stated that Syriac and Armenian representation was insufficient, while the Yazidi community was completely unrepresented, highlighting the need to reconsider seat allocation and representation criteria in the future.

Asked whether the current model could be considered a transitional necessity, Iskan stated that not all shortcomings can be justified under that label. He pointed out that increasing participation rates and broadening community representation would have been possible even under exceptional circumstances.

He also criticized the restriction of candidacy to individuals while excluding political parties, blocs, and alliances from participation, arguing that this negatively affected the right to political participation.

Iskan added that the elections have now become a reality and that the new parliament is expected to begin its work soon. Nevertheless, he stressed that this mechanism should not evolve into a permanent model for Syria’s political life but should remain linked to the exceptional conditions of the transitional phase.

In assessing the parliament’s ability to perform its legislative duties, Iskan explained that this will largely depend on the performance of its members and their understanding of their responsibilities as representatives of the Syrian people.

He noted that, from a legal standpoint, parliament will carry out its usual functions by discussing and approving laws and legislation, including bills referred to it by the executive authority.

At the same time, he emphasized that the real challenge lies in determining whether parliament will play an active role in drafting, debating, and amending legislation, or whether it will simply approve pre-prepared bills without substantial discussion.

Iskan affirmed that the new parliament possesses, in principle, full legislative and oversight powers. He expressed hope that it will exercise these powers independently and responsibly, and that its members will rise to the challenges before them, ensuring that the aspirations of Syrians are represented and preventing parliament from becoming merely an instrument for implementing executive decisions.

In concluding his remarks, Iskan pointed out that the mechanisms of candidacy, elections, and representation have been the subject of extensive political debate among Syrians, and that such debate is a natural right and a manifestation of political participation.

He added that the majority of Syrians preferred to see the transitional period pass peacefully without additional conflicts, despite the ongoing discussions and objections regarding the structure of the parliament and the method of its formation.

He concluded by emphasizing that Syrians deserve better parliamentary representation based on transparent democratic principles that guarantee the highest levels of participation for all ethnic and religious communities—including Kurds, Syriacs, Arabs, and others—and that such representation would pave the way for a permanent constitution reflecting the aspirations of all Syrians and laying the foundation for a new era of political and legal stability in the country.

ANHA