The new Syrian government has adopted a temporary constitution that concentrates much of its power in the hands of the interim president and maintains Islamic law as the basis of the legal system.
Interim President Ahmed al-Sharah signed the constitutional declaration on Thursday after the dissolution of the previous constitution under authoritarian president Bashar al-Assad. Al Shara, who led the overthrow of Al Assad in December, promised to form an inclusive government, which he declared as the beginning of what he called a “new history” after decades of dictatorship and a long civil war.
The declaration guarantees “freedom of opinion, expression, information, publication, and reporting.” If supported, this is a dramatic departure from Draconia's surveillance under Al Assad. It also pledged to protect women's rights and all Syrian rights during the five-year transition period, followed by a permanent constitution being adopted, with president and parliament elections.
However, among the diverse combination of Syrian ethnic and religious groups, he is skeptical of the new leader's drastic promise to create an inclusive government because of his roots as head of Islamic extremist rebel groups.
The power of the president
The temporary constitution gives the power to declare a state of emergency with the presidential executive. The President has appointed a third of Congress, which will serve as an interim assembly for the transition period. The other two thirds are selected by the election commission, overseen by a committee appointed by the president.
The new constitution calls for the independence of the judiciary. However, the president is responsible for appointing the judge to Syria's new constitutional court. This was, on the surface, meant to hold Alshara accountable. This document does not grant authority to other bodies to approve his appointment, and only specifies that the judge must be fair.
Abdul Hamid Al Awaq, a member of the committee that drafted the new constitution, said at a press conference on Thursday that he had secured a separation of power in al-Assad's hands when he was in power.
However, the cleaning agencies, where new declarations are in the hands of the president during the transition period, could hamper Syrians who want to rapidly separate from the dictatorship of more than 50 years under Al-Assad and his previous father.
Guy Pedersen, the United Nations special envoy for Syria, said on Friday that the constitutional declaration “hopes Syria will move towards restoring the rule of law and promoting an orderly and inclusive transition.
Islamic law remains a legal basis
The temporary constitution holds provisions that Syrian presidents must be Muslims, and so did the old constitution. And, like its precursors, the new constitution has made its importance centre of Islamic law. The new document says it will become the main source of legislation, ensuring that “freedom of belief is guaranteed.”
However, all rights, including religious freedom, can be reduced, particularly if they are deemed to violate national security or public order.
The new Syrian government is led by former Sunni Muslim rebels who fought Al-Assad during the Civil War. Since taking power in Damascus, skeptics have questioned Alshara's true beliefs.
As a leader of the rebels, Al-Sharah led an armed Muslim group that once allied with al-Qaeda. It is questionable whether his rebel groups have truly abandoned their previous Hardline jihadist views, despite severing ties with al-Qaeda a few years before he came to power.
Pledge to protect minorities
Syria has a range of diverse ethnic and religious organizations, and the constitution promises to protect the rights of all Syrians and against discrimination. But sectarian tensions remained, and they erupted viciously last week when Assad's loyalty ambushed government security forces and urged a severe crackdown that deviated from sectarian attacks on civilians, according to the UN and war watch groups.
The Syrian Human Rights Observation Station, War Watch Group, said nearly 1,500 civilians had been killed in just a few days of violence.
These attacks appear to have been directed against the Alawite minority, a derivative of Shia Islam to which Assad's family belongs. The attack reminded me that Alshara is far from controlling all Syrian territory and perhaps all troops associated with the government.
The US and European countries were reluctant to lift Assad-era sanctions until new Syrian leaders demonstrated that they were committed to a comprehensive political process and protecting minority rights. The lifting of these sanctions remains an important step to revive the country's abused economy, one of the most pressing challenges for Alshara's government.
The Constitution pledges to protect minority rights, but has raised concerns among Syrian Kurds, at least one major ethnic minority.
The Syrian Democratic Council, the political wing of the Kurdish-led military that controls Syria in northeastern Syria, criticised the new document for being said to be an unconfirmed enforcement force, saying it “recreated a new form of authoritarianism.”
It is unclear whether Kurdish dissatisfaction with the Constitution will affect this week the country's new government and the U.S.-backed Kurdish-led military agreement to incorporate them into the government's civil and military institutions.
With a few exceptions, free
The pledge to ensure freedom of opinion, expression, information, publication and coverage comes with several exceptions, including the glory of the Assad regime.
The constitutional declaration guarantees women's rights to education and work, adding that they have full “social, economic and political rights.”
Since his rise to power, Alshara appeared keen to ease domestic and international concerns about the role of women in the new Syria. In January, he gave a speech using gender-sensitive language, which local leaders rarely use. He highlighted the role of women in the revolution and the suffering they experienced.
