Syrian researcher: stabilization must be taken into consideration in constitution

The researcher at the Euphrates Center for Studies, Lazkin Ibrahim, explained in an interview with ANHA's agency that many of the issues currently on the table, whether military, security, or administrative, are essentially constitutional matters. These include the form of the state, the distribution of powers between the center and the regions, the nature of the relationship between local institutions and the central authority, the rights of the Kurds and other components, the status of languages and cultures, the right of return, property protection, the structure of the military institution, and the limits of executive authority's powers.

He pointed out that Syria has entered a phase of state reconfiguration at a faster pace than the reconstruction of the national contract that is supposed to govern this state, noting the existence of agreements for the integration and reorganization of military and security institutions and arrangements for the return of displaced persons, but these will remain tied to the balance of power unless they transform into fixed constitutional rules.

The events in Al-Hasakah and Tal Abyad as an indicator of fragility
The researcher cited the events in Al-Hasakah in October, where the city witnessed protests under the pretext of enhancing the state's presence, accompanied by exclusionary rhetoric and targeting of Kurdish symbols. This was followed by tension and counter-protests, in addition to what happened in Tal Abyad on October 26 when Kurdish families came to reclaim their homes and were subjected to assaults and vehicle burnings, with the repercussions extending to Al-Hasakah. Prior to that, return convoys in Ras al-Ain were threatened.

He mentioned that these incidents are not isolated security issues, but rather indicators of the fragility of coexistence rules when matters of identity, ownership, return, and national rights remain unresolved constitutionally. He emphasized that the right of return should become a constitutional right protected by the state and the judiciary, and its obstruction on ethnic, political, or security grounds should be prohibited.

The constitution as a document of internal peace

Ibrahim emphasized the necessity of viewing the constitution in Syria as an internal peace document before it becomes a document for organizing authorities, as no security settlement can endure without the Syrians agreeing on their identity, rights, power-sharing mechanisms, wealth distribution, and the protection of their particularities.

He believed that the first principle of a democratic constitution should be the transition from the concept of a state that merges society into a single identity to a state that unites a diverse society and protects its diversity, so that the unity of Syria is not based on denying differences, but on all components feeling that the state protects them equally.

Proposed constitutional principles

The researcher identified a set of principles that the constitution should be based on, the most prominent of which are equal citizenship without discrimination based on nationality, language, religion, gender, or geographical region, the separation of powers and imposing constitutional restrictions on the executive authority, the establishment of expanded democratic decentralization, constitutional recognition of linguistic and cultural pluralism, judicial independence, freedom of political and media organization, ensuring women's rights, transitional justice, the right of return and property restitution, preventing forced demographic change, criminalizing national and sectarian incitement, and subjecting the military and security forces to the law

Mutual guaranty is the foundation of stability

He emphasized that the constitution becomes the most important tool for stability when it transforms into a mutual guaranty among Syrians. Societies emerging from long conflicts do not only need a ceasefire, but also reassurance that their rights will not change with the change of the ruler or the balance of power.

He explained that the Kurdish person wants assurance that the recognition of their language, identity, and right to their land will not depend on a modifiable decree, while the Arab wants assurance of the unity and security of state institutions. When the constitution provides guaranties for all components, the state transforms from a source of fear into a shared umbrella.

He added that stability does not come from the text alone, but from the integration of the text with the judiciary, executive institutions, and accountability. When a citizen can resort to an independent judiciary to reclaim their home, the motives for violence diminish. However, if every component feels the need for an armed force to protect its rights, Syria will not transition from a state of war to a state.

Reasons for the delay in drafting the constitution

Regarding the reasons for the delay in drafting a new constitution, Ibrahim attributed it to three factors. The first is political, which is represented by the inability of the powers to finalize their visions for the form of the state, the boundaries of centralization and decentralization, the identity of the state, the role of religion, the position of the components, and the nature of the political system.

The second factor is related to the balance of power, where the controlling authority in transitional phases tends to postpone settlements that might restrict its powers, while the non-dominant components demand the constitutionalizing of their rights before integration, which intersects with the Rojava negotiations with Damascus and the issues in Sweida and other regions.

As for the third factor, it lies in adopting an approach that prioritizes security and the re-unification of institutions, postponing structural political issues, in addition to a significant social trust crisis.

He pointed out that despite the establishment of the transitional People's Council and its legislative duties leading to a permanent constitution, the process of drafting the constitution has not yet transformed into a broad and transparent national dialog commensurate with the scale of the transformation the country is undergoing.

The danger of slipping into an identity confrontation

Lazkin Ibrahim concluded by warning that what has been witnessed in Al-Hasakah reveals the danger of leaving contradictions without a constitutional framework, as legitimate demands related to the presence of the state and services can slip into an identity confrontation with national mobilization and hate speech. He considered that describing what is happening as a conflict between Arabs and Kurds is itself dangerous, as the problem lies in the ability of political groups and inciters to exploit the absence of a political settlement to mobilize people nationally.

ANHA