Syria gets temporary constitution for five-year transition

Syrian interim President Ahmad Shala'a has signed a constitutional declaration covering a five-year transition period. This followed a three-month anti-government armed offensive led by his Islamist group that toppled the Bashar al-Assad regime. The declaration aims to lay the groundwork for Syria's future development and provide a legal framework for the transition period.

According to the drafting committee, the document follows the provisions of the previous constitution, explicitly stating Islam as the president's religion and defining Islamic jurisprudence as "the main source of legislation," rather than merely "a main source." This move emphasizes the importance of Islam in the Syrian legal system.

Furthermore, the declaration clearly stipulates the separation of powers and judicial independence, and guarantees women's rights, freedom of speech, and freedom of the media. Shala'a stated, "We hope this will be a new history for Syria, where we will replace oppression with justice." The UN Special Envoy for Syria, Geir Pedersen, welcomed the "steps to restore the rule of law" and noted that "this progress may fill an important legal vacuum."

However, the Kurdish-led administration in northeastern Syria criticized the constitutional declaration, arguing that it "contradicts the reality of Syria and its diversity." In January, anti-government armed forces commanders appointed Shala'a as president for the transitional period, repealing the Assad-era 2012 constitution and dissolving the former regime's parliament, army, and security apparatus.

Just ten days ago, Shala'a announced the formation of a seven-member committee responsible for drafting the constitutional declaration, stating that it would serve as "the legal framework governing the transitional phase." Committee member Abdul Hamid Awak, a Turkish university expert in constitutional law, said at a press conference on Thursday that the declaration aims to "strike a balance between a safe society and rights and freedoms."

He stated that the declaration stipulates "absolute separation of powers," noting that Assad had "encroached" on other branches of government during his 24-year rule. The president will have executive power during the transition period, but will only have one "special power" – the ability to declare a state of emergency. The new National Assembly will be fully responsible for legislation, with two-thirds of its members appointed by a committee selected by the president, and one-third chosen by the president himself.

In addition, a committee will be established to draft a new permanent constitution. Shala'a has pledged to establish an inclusive government that will manage the country until the new constitution is finalized and free and fair elections are held. However, Shala'a faces a daunting challenge in the aftermath of Assad's ordering a brutal crackdown on pro-democracy protests that erupted 14 years ago.

Last week, gunmen supporting Shala'a's Sunni Islamist government were accused of carrying out retaliatory killings against members of Assad's minority Alawite sect in the western coastal region, after gunmen loyal to the former regime fatally ambushed a security patrol. A monitoring group stated that nearly 1,500 civilians were killed.

Shala'a has pledged to hold the perpetrators accountable and has ordered the establishment of a committee aimed at maintaining civil peace. However, many Alawites and other religious and ethnic minorities are wary of his intentions, given Shala'a's past as a leader of al-Qaeda's former Syrian branch.

UN Secretary-General Antonio Guterres said on Thursday that there was no justification for killing civilians and warned that Syria's "brighter future it deserves is hanging in the balance." He added: "The interim authorities have repeatedly pledged to build a new Syria for all Syrians on an inclusive and credible basis. Now is the time to act."