new constitutional declaration... Tyranny without a democratic mask

With toppling Ba'ath regime in Syria, Syrians' hopes are pinned on achieving a new democratic system that desired for everyone, which excludes decades of tyranny, marginalization, and one-party rule based on a single color and nationality were renewed. During its years in power, the Ba'ath Party was responsible for the demise of the political life that the country had witnessed after independence from the French mandate. It also imposed the supremacy of Arab nationalism at the expense of other nationalities and groups, paving the way for recent developments, as Syrians revolted with the outbreak of what became known as the Arab Spring.

Reproducing tyranny in a new guise

However, the new authority in Damascus, led by Hay'at Tahrir al-Sham, has not yet shown any seriousness in meeting the aspirations of the Syrians, which has been reflected in many of the measures it has taken, the most notable of which is organizing a national dialogue that excluded many Syrian political and social components. It also issued a constitutional declaration that some considered an extension of the Ba'ath Party's constitutions, which entrenched the rule of tyranny for decades, while others see it as even more negative than the Ba'ath constitutions, given that the former party did not actually adhere to many of the provisions contained in its constitutions, which many observers described as merely inactive texts.

The last permanent version of the Syrian Constitution was issued on February 27, 2012, making it the fifth constitution of the country. However, its implementation officially ceased on January 29, 2025, following the fall of the Ba'ath regime.

Religious identity in the constitution... Institutionalizing exclusion

The new constitutional declaration mirrors the content of the 2012 constitution in several of its articles, such as stating that the religion of the President of the Republic is Islam, and that Islamic jurisprudence is a primary source of legislation, which entrenches the exclusion of other religions and prevents their citizens from accessing the presidency, contradicting the religious and sectarian pluralism that characterizes Syria.

Citizenship between slogans and reality

This approach also creates a state of societal discrimination, as citizens are classified according to their religious affiliations, threatening the principle of citizenship, where there are first-class citizens and second-class citizens. Additionally, the wording of the article that states "the state respects all religions and guarantees the freedom to practice them, provided that it does not disturb public order" gives the authorities the opportunity to suppress any movement under the pretext of maintaining public order, which could lead to exacerbating societal divisions in the future and increasing hatred and religious animosity within the country.

Linguistic pluralism is a victim of monolithic nationalism.

Both the 2012 Constitution and the new constitutional declaration affirm that Arabic is the official language of the country, which reinforces discrimination against other nationalities and components, depriving them of the right to live as full citizens in their homeland.

This text also grants the authorities the power to suppress any attempt by non-Arab components to use their language in public institutions, whether educational or administrative. This is something the Syrian Kurds have suffered from throughout the Baathist rule, where they were prohibited from speaking their language. This discrimination may extend to restricting educational and employment opportunities for these components, and even excluding them from Syria's diplomatic and political representation on the international level.

A president with absolute powers... Where are the accountability mechanisms?

The new constitutional declaration granted the President of the Republic extensive powers, as Article 32 stipulated that he is the Supreme Commander of the Army and Armed Forces, without establishing any clear mechanism for accountability, opening the door to absolute tyranny, where military and political decisions are concentrated in the hands of one person without legal controls.

In contrast, the 2012 Constitution included provisions that defined the work of the Supreme Constitutional Court, which included monitoring the constitutionality of laws, legislative decrees, and regulations, expressing opinions on their constitutionality, overseeing the election of the President of the Republic, organizing procedures for appeals related to the validity of elections, as well as trying the President of the Republic in cases of high treason.

The Constitutional Court: A Formal Institution Without Power

Although the Constitutional Court was not actually activated during Ba'ath rule, the new Constitutional Declaration paid no attention to it. In fact, it completely ignored it, except for stating that its members are appointed by the President of the Republic. This undermines the independence of the judiciary and transforms the court into a mere tool subject to the executive branch, losing its role as an independent oversight body.

Article 50 of the Constitutional Declaration also granted the president the authority to amend the Constitutional Declaration itself with the approval of two-thirds of the People's Assembly. This means that his powers may expand in the future, and the transitional period may be extended indefinitely by internal decision, without the need to consult the will of the people.

The word "democracy" does not exist in the dictionary of the Damascus authorities!

Although the Assad regime did not actually recognize democracy, the Ba'ath constitutions included, at least formally, provisions stating that Syria was a democratic state. However, this term was completely absent from the new constitutional declaration, indicating that the new government was influenced by hardline religious movements that rejected any form of democratic governance.

Dismantling the Government: All Powers Rest in the President's Hands

Article 118 of the 2012 Constitution stipulated the existence of a Council of Ministers, headed by a Prime Minister appointed by the President of the Republic. The Council of Ministers oversees the implementation of laws and regulations and monitors the work of state agencies and institutions. Although the role of the Prime Minister was ceremonial during Ba'ath rule, with actual power held by the President, the new Constitutional Declaration completely abolished this position, transferring all executive powers to the President of the Republic.

A People's Assembly Stripped of Powers: The President is the Legislator

The Constitutional Declaration also granted the President the authority to appoint members of the government, members of the National Security Council, and judges of the Supreme Constitutional Court, in addition to appointing one-third of the members of the People's Assembly and the committee that selects the remaining thirty. This completely undermines any chance of a parliament truly representing the will of Syrian society.

An analysis of the text of the Constitutional Declaration reveals that the President of the Transitional Period has the ability to directly influence the legislative authority. The Constitutional Declaration grants him the authority to refer any legislation back to the People's Assembly, with the possibility of raising the required voting percentage for its approval.

Is it a transitional constitution... or a formulation of long-term tyranny?

Article 39 of the Constitutional Declaration also grants the President of the Republic broad powers over the People's Assembly. He has the right to propose and issue laws after the Assembly's approval. He can also veto any law with a reasoned decision. A contested law is only passed with the approval of two-thirds of the People's Assembly, whose members the President has the power to appoint.

The 2012 Constitution granted the People's Assembly broader powers, although the Ba'ath Party effectively confiscated all of them. Article 74 stipulated that members of the People's Assembly have the right to propose laws, direct questions and interpellations to ministers, and undertake key tasks, such as approving laws, discussing the government's statement, withdrawing confidence from ministers, approving the general budget, ratifying international treaties and agreements, and approving a general amnesty.

However, the new Constitutional Declaration has limited all of these powers to the President of the Republic, reflecting the concentration of power in a single hand, devoid of any form of institutional oversight. Comparing the new constitutional declaration with the Baath Party's 2012 constitution reveals that it did not bring any positive change. Rather, it further concentrated power in the hands of the president, deepened the policy of exclusion against non-Arab and non-Muslim Syrian communities, and completely ignored any mention of democracy or political pluralism. These developments indicate that Syria is moving toward a more authoritarian regime than the Baathist one.

T/S

ANHA