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Constitutional Declaration of the Syrian Arab Republic

From Wikipedia, the free encyclopedia
Transitional constitution of Syria

Constitutional Declaration of the Syrian Arab Republic
Overview
Original titleالإعلان الدستوري للجمهورية العربية السورية⁩
JurisdictionSyria
Ratified13 March 2025 (2025-03-13)
Date effective16 March 2025 (2025-03-16)
SystemUnitarypresidential republic
Government structure
BranchesThree (executive, legislative and judiciary)
Head of statePresident
ChambersUnicameral (People's Assembly)
ExecutivePresident as head of government
JudiciarySupreme Judicial Council,Supreme Constitutional Court
FederalismNo
First legislatureTBD
First executive29 March 2025 (2025-03-29)
SignatoriesAhmed al-Sharaa
SupersedesConstitution of 2012
Full text
Constitutional Declaration of Syria atWikisource
الإعلان الدستوري للجمهورية العربية السورية⁩ at ArabicWikisource

Arab LeagueMember State of the Arab League


This article is part of
a series about
Ahmed al-Sharaa


Political offices





Ahmed al-Sharaa's signature
Part of a series on
theSyrian civil war
Syrian peace process

Constitutional Declaration of the Syrian Arab Republic (Arabic:الإعلان الدستوري للجمهورية العربية السورية), also known as2025 Interim Constitution of Syria, is the currentprovisional constitution of Syria, approved by PresidentAhmed al-Sharaa. It establishes the constitutional framework for a five-yeartransition period.

After thefall of the Assad regime,Hassan Abdul Ghani, spokesman for theMilitary Operations Command, announced the repeal of the2012 Ba'athist Syrian constitution. Al-Sharaa then declared that he would issue a "constitutional declaration" as a legal framework until a new constitution was established.

On 2 March 2025, he formed a committee to draft a new constitutional declaration to oversee the country's transition, and on 13 March, he signed the constitutional declaration, which will remain valid for five years.

The constitutional reform occurred amid ongoing instability, including threats of territorial fragmentation frompro-Assad remnants,Druze militias,an Israeli military invasion, sectarian tensions andmassacres inAlawite-populated regions and remaininginternational sanctions on Syria.

Background

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The2024 Syrian opposition offensives, codenamed "Deterrence of Aggression," were led byHay'at Tahrir al-Sham (HTS) and supported by alliedTurkish-backed groups in theSyrian National Army. These offensives resulted in the rapidfall ofBashar al-Assad'sgovernment, ending five decades ofAssad family rule that began whenHafez al-Assad assumed power in 1971 under theBa'ath Party following acoup d'état.[1] As arebel coalition moved closer to Damascus, reports indicated that Bashar al-Assad had fled the capital by plane to Russia, where he joined his exiled family and was grantedpolitical asylum by theRussian government.[2] After his departure, opposition forces announced their victory on state television. At the same time, Russia'sMinistry of Foreign Affairs confirmed his resignation and departure from Syria.[3][4]

On 29 December 2024,Syria TV reported that preparations were underway for a National Conference of 1,200 representatives for which the date has not been decided yet.Syria TV said that during the National Conference, the constitutional drafting committee would be announced and that during the conference, thePeople's Assembly of Syria and allarmed factions including HTS would be dissolved, leading to the restructuring of a new national army.[5] Later that day, Syria's then-de facto leaderAhmed al-Sharaa stated that elections could take up to 4 years to be organized, with the need to conduct a census beforehand.[6][7]

Constitutional changes

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After theregime change, al-Sharaa was formally appointed as thepresident of Syria by the Syrian General Command for the transitional period during theSyrian Revolution Victory Conference in Damascus on 29 January 2025. Before this, he had served as thede facto leader following the fall of the Assad regime.[8] After he was appointed president, al-Sharaa, in his first address on 31 January 2025, stated that he would issue a "constitutional declaration" to serve as a "legal reference" until a new constitution was established.[9]

After a meeting of the armed groups that took part in the offensive against the Assad regime, these groups simultaneously agreed to abolish the2012 constitution of Ba'athist Syria and initiate the drafting of a replacement document. While the Assad regime's fall was celebrated by many Syrians, the subsequent establishment ofIslamist leadership generated uncertainty among the country's religious minorities, with many communities expressing reluctance to accept Damascus's authority in their regions.[10] During the Syrian Revolution Victory Conference,Hassan Abdul Ghani, spokesman for theMilitary Operations Command, announced the repeal of the 2012 Syrian constitution.[11]

On 12 February 2025, the caretaker government announced the formation of a preparatory committee for the then upcomingSyrian National Dialogue Conference, comprising seven members: Hassan al-Daghim, Maher Alloush, Mohammed Mastet, Youssef al-Hijr,Mustafa al-Moussa,Hind Kabawat, and Houda Atassi.[12] The conference faced criticism for inadequate representation of Syria's diverse communities and civic organizations.[10] On 2 March 2025, President al-Sharaa declared the establishment of a committee with the task of drafting a new constitutional declaration to guide the country's transition following the ousting of the Assad regime.[13] On 13 March 2025, President al-Sharaa ratified the interim constitution, which will be valid for five years.[14][15]

Overview

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The constitution sets apresidential system with the executive power at the hands of the president who appoints the ministers,[16] without the position ofprime minister.[17] This constitution enshrines Islamic law as the main derivation ofjurisprudence while preserving freedoms of opinion and expression.[18] ThePeople's Assembly has been established to serve as the interim parliament during the five-year transition, overseeing the drafting of a new permanent constitution.[10] The president selects one-third of the People's Assembly members and appoints judges to theconstitutional court without requiring parliamentary approval. The remaining two-thirds are elected through commissions supervised by a committee designated by the president.[19][20]

The constitution retains certain elements from its predecessor, including the requirement that the president's religion beIslam and thatIslamic jurisprudence serve as the primary legislative foundation. The constitution promised equality for all citizens regardless of demographic and religious backgrounds. The currentSyrian Armed Forces was designated as a professional national institution, prohibiting unauthorized armed groups from existing regionally. Public support for theformer Assad regime was criminalized.[10][21]

The constitution initially designated the original 1:2 independence flag as theprimary flag; however, after the addition of 10 more articles and revisions of some articles, the final text ultimately retained the 2:3 proportion.[22][23]

Reactions

[edit]

United Nations Special Envoy to SyriaGeir Pedersen offered qualified support for the declaration, expressing hope that it would contribute to restoringrule of law and facilitate a comprehensive transition process. Pedersen additionally called for independent investigations into recent sectarian violence andattacks on Alawite civilians and urged Syria's interim leadership to collaborate with UN authorities on these matters.[24][20]

Syrian journalist Saba Madour characterized the speech restrictions against denying Assad's crimes as advancing historical truth and supporting justice for victims of his regime, though she noted additional measures against Assad-sympathetic parties would be necessary for full accountability.[24]

Criticism

[edit]

TheSyrian Democratic Council delivered sharp criticism, claiming that al-Sharaa was repeating Assad's constitutional approach. The council declared the document illegitimate and inconsistent with previously negotiated agreements between al-Sharaa andSyrian Democratic Forces leadership. They warned of increased violence,sectarianism, andauthoritarianism in Syria.[25] They specifically warned that emphasizingSharia law in governance could precipitate renewed instability throughout the country. Authorities in the mostlyKurdishDemocratic Autonomous Administration of North and East Syria (DAANES) rejected the declaration for failing to acknowledge Syria's diverse ethnic composition. Their criticism focused on the document's perceived continuation ofBa'athist policies through different means and its inadequate recognition of the country's diverse demographic components.[24][20] The formal critique came just two days after DAANES had signed an agreement with Damascus's new authorities regarding integration into the Syrian state.[26]

Druze spiritual leaderHikmat al-Hijri characterized the transitional government as "extremist" and categorically rejected possibilities for consensus. Al-Hijri questioned the government's legitimacy and suggested it could faceinternational justice proceedings following the massacres against Alawite civilians occurring concurrently with the ratification of the constitution.[24]

Protests

[edit]

On 14 March 2025, hundreds of Kurdish demonstrators protested the recently signed constitutional declaration inQamishli, which they claimed failed to address the aspirations of Syria's minority populations.[26] Critics feared that the extensive powers granted to the transitional president could establish foundations for renewedauthoritarian governance. Scrutiny was also given to the five-year transition period, with critics questioning whether al-Sharaa would adhere to this timeline given perceived breaches of previous commitments. The declaration's establishment of Islamic jurisprudence as the primary legislative source generated criticism from those concerned about implications for Syria's pluralistic society.[24][27]

Protesters condemned further the constitution's lack of explicit recognition of Syria's minority groups, including Kurds, Alawites,Christians, and Druze communities, which many perceived as contradicting the declaration's stated guarantee offreedom of belief andlegal equality for all citizens in favor of aSunni-dominated state.[24][26][27] Demonstrators chanted slogans calling for the "downfall of al-Julani," using President al-Sharaa'snom de guerre during the civil war. Additional protests took place inAmuda, with protesters advocating for a "democratic andfederal" governance system to allow for Kurdish state autonomy.[26][27]

See also

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References

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  1. ^Gebeily, Maya; Azhari, Timour (8 December 2024)."Assad gets asylum in Russia, rebels sweep through Syria".Reuters.Archived from the original on 18 December 2024.
  2. ^"Syria Live Updates: Assad Has Resigned and Left Syria, Russia Says".The New York Times. 8 December 2024.Archived from the original on 9 December 2024. Retrieved8 December 2024.
  3. ^"Bashar al-Assad Granted Asylum in Russia Amid Syria's Political Upheaval".The Gulf Observer. 9 December 2024.Archived from the original on 13 December 2024. Retrieved11 December 2024.
  4. ^Fahim, Kareem; Morris, Loveday; Loveluck, Louisa; Miller, Greg; El Chamaa, Mohamad; Eski, Beril (22 December 2024)."How Syria's rebels overcame years of a bloody stalemate to topple Assad".The Washington Post.Archived from the original on 22 December 2024. Retrieved22 December 2024.
  5. ^"1200 شخصية تتحضر للاجتماع في دمشق: لجنة دستورية وأخرى استشارية للرئيس المؤقت".Syria TV (in Arabic). 29 December 2024.Archived from the original on 9 January 2025. Retrieved17 March 2025.
  6. ^Ebrahim, Nadeen; Salem, Mostafa (30 December 2024)."Syrian elections could take up to 4 years to organize, de facto leader says".CNN.Archived from the original on 3 January 2025. Retrieved3 January 2025.
  7. ^"السلطات السورية تعلن حل الجيش وتعليق العمل بالدستور وتعيين الشرع رئيساً للبلاد".BBC News عربي (in Arabic). 29 January 2025.Archived from the original on 12 February 2025. Retrieved11 October 2025.
  8. ^"General Command appoints Ahmed al-Sharaa as President of Syria".Enab Baladi. 29 January 2025.Archived from the original on 30 January 2025. Retrieved9 February 2025.
  9. ^"Syria's interim president vows to preserve 'civil peace' in first address".France 24. 31 January 2025.Archived from the original on 30 January 2025. Retrieved31 January 2025.
  10. ^abcd"Syrian leader signs constitution that puts the country under an Islamist group's rule for 5 years".AP News. 13 March 2025. Retrieved16 March 2025.[dead link]
  11. ^"Syria's 'Victory Conference', its Timing and Implications".Jusoor. 4 February 2025.Archived from the original on 16 February 2025. Retrieved8 February 2025.
  12. ^"Syrian Negotiating Committee and Coalition Prepare for Dissolution in Meeting with President Sharaa".Syrian Observer. 13 February 2025.Archived from the original on 19 February 2025. Retrieved13 March 2025.
  13. ^"Syria forms committee to draft constitutional declaration for country's transition".Anadolu Agency. 3 March 2025.Archived from the original on 18 March 2025. Retrieved13 March 2025.
  14. ^"Syrian leader signs constitution that puts the country under an Islamist group's rule for 5 years".CNN.Archived from the original on 13 March 2025. Retrieved13 March 2025.
  15. ^"Syrian leader signs constitution that puts the country under an Islamist group's rule for 5 years".The Washington Post. 13 March 2025. Archived fromthe original on 24 March 2025. Retrieved13 March 2025.
  16. ^"Syria's new constitution gives sweeping powers, ignores minority rights". rfi. 14 March 2025.Archived from the original on 19 March 2025. Retrieved15 March 2025.
  17. ^"Syria's Constitutional Draft Set for Release as Fact-Finding Committee Begins Investigations".Watan. Watan News. 12 March 2025.Archived from the original on 18 March 2025. Retrieved16 March 2025.
  18. ^"Syria keeps role for Islamic law in 5-year transition".Reuters. 13 March 2025.Archived from the original on 13 March 2025. Retrieved13 March 2025.
  19. ^Ward, Euan (14 March 2025)."Syria Has a New Temporary Constitution. Here Are the Highlights".The New York Times.Archived from the original on 14 March 2025. Retrieved15 March 2025.
  20. ^abc"Syria gets temporary constitution for five-year transition".www.bbc.com. 14 March 2025.Archived from the original on 15 March 2025. Retrieved16 March 2025.
  21. ^"Syria's interim president signs temporaryconstitution amid ongoing conflict".Euronews. 14 March 2025.Archived from the original on 14 March 2025. Retrieved16 March 2025.
  22. ^"النص الكامل للإعلان الدستوري السوري (13 آذار 2025)".kassioun.org (in Arabic). 13 March 2025.Archived from the original on 7 April 2025. Retrieved18 March 2025.
  23. ^"North Press Obtains Draft Articles of Syria's Constitution Draft".The Syrian Observer. 12 March 2025.Archived from the original on 13 March 2025. Retrieved16 March 2025.
  24. ^abcdef"جدل واسع حول الإعلان الدستوري الجديد في سوريا: ترحيب حذر وانتقادات لاذعة" [Widespread controversy over the new constitutional declaration in Syria: cautious welcome and harsh criticism.].euronews (in Arabic). 15 March 2025.Archived from the original on 16 March 2025. Retrieved16 March 2025.
  25. ^"SDC rejects constitutional declaration, warns of authoritarianism". 14 March 2025.Archived from the original on 14 March 2025. Retrieved16 March 2025.
  26. ^abcd"مظاهرة للأكراد في شمال شرقي سوريا احتجاجاً على الإعلان الدستوري" [Kurdish demonstration in northeastern Syria in protest against the constitutional declaration].Asharq Al-Awsat. 14 March 2025.Archived from the original on 15 March 2025. Retrieved14 March 2025.
  27. ^abc"Syria's Kurds reject temporary constitution, calling it 'authoritarian'".The New Arab. 14 March 2025. Retrieved14 March 2025.

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