Syria’s New Constitution: Concentration of Power and Minority Rights Concerns

Syria’s new temporary constitution consolidates power in interim President Ahmed al-Sharaa, lacking adequate protections for minorities. This declaration initiates a five-year transitional period post-Assad, yet raises concerns over democratic governance and separation of powers. Protests from Kurds and other minorities reflect dissatisfaction with the declaration, demanding fairer power distribution and recognition of their rights.
Syria has issued a new temporary constitution, concentrating significant authority in the hands of interim President Ahmed al-Sharaa while neglecting minority rights, according to experts. This declaration, signed into law on Thursday, initiates a five-year transitional period following the removal of Bashar al-Assad’s government by Islamist-led forces amidst a prolonged civil conflict lasting nearly 14 years.
Legal expert Sam Dallah, a constitutional law professor, noted that the declaration grants absolute powers to the interim president, establishing a presidential regime devoid of a prime ministerial office. After the transitional phase, elections under the new constitution are scheduled to occur. Furthermore, the interim president is empowered to appoint one-third of the future assembly’s members and oversee the formation of the electoral college that will elect additional parliamentarians.
Although the document claims judicial independence, it allows the interim president to appoint members of the Supreme Constitutional Court, jeopardizing the principle of separation of powers. Dallah questioned the legitimacy of this separation, asserting that concentrating authority in one individual will lead to monopolized decision-making.
The new constitution, while referencing previous legal texts, lacks mention of democracy. Notably, it designates Islamic jurisprudence as the principal source of legislation and fails to provide protections for Syria’s diverse minorities. This change follows recent violent events resulting in the deaths of many civilians, including members of the Alawite community, which has raised concerns within minority populations.
Hundreds of Kurds have protested against the constitutional declaration, stating it fails to address their rights or aspirations. In opposition, Kurdish leaders demand a fair distribution of power, recognition of all ethnic groups, and the establishment of a decentralized democratic system. Professor Tigrane Yegavian indicated that minorities are alarmed by the new regime’s trajectory, suggesting that only federalization with assurances of autonomous control could restore their confidence.
Lawyer Tarek al-Kurdi remarked that the declaration arises amid ongoing turmoil in Syria, following decades of dictatorship and instability. He cautioned against comparisons to constitutions of stable nations, urging a pragmatic approach to this complex legal landscape.
In conclusion, Syria’s newly ratified temporary constitution coalesces power into the hands of interim President Ahmed al-Sharaa, significantly undermining the rights of minority groups. The absence of democratic safeguards and a shift towards Islamic law raises concerns regarding governance and representation. Protests from minority communities emphasize the need for equitable treatment and governance structures that accommodate Syria’s diverse population. Experts stress the importance of realistic appraisals of the new constitutional framework amid the country’s ongoing challenges.
Original Source: www.france24.com