Enhancing Participatory Democracy Approach in Northeastern Syria in Relation to the Constitutional Process Conference's Concluding Statement

2020-02-02
On January 26, 2020, in Amouda, ASO Center for Consultation and Strategic Studies organized a national conference entitled "Promoting participatory democracy approaches in Northeastern Syria in Relation to the Constitutional Process", in the presence of representatives of self-management, political parties, civil society organizations and independent politicians. 

The conference resulted in a set of recommendations and proposals, which were prepared and drafted by a committee of experts and jurists, and the conference concluded the following final statement.
There is no doubt that the Syrian crisis has passed through several stages from its beginnings until now, characterized by complexity and convoluting, starting with the large number of international delegates, through regional and international interventions in the Syrian issue, and ending with the issuance of several international resolutions and holding international conferences, the last of which was the constitution drafting conference. However, reaching a political solution that satisfies all parties remained absent until the launch of the constitutional process under international auspices, despite the reservations of many political parties on forming the Constitutional Committee mechanism.
We, as a group of human rights activists, civil society organizations, politicians, community elders, political parties from different segments and nationalities of the Syrian people in Northern and Eastern Syria, present at this conference and participants in all previous events related this topic and the constitutional process, organized by ASO Center, we must show our reservations about forming the constitutional committee mechanism, in which it was clear that political, ethnic, religious and social components of society in Northern and Eastern Syria were deliberately excluded. In addition, we look at this conference, on which Syria is supposed to build its future on as an attempt to overcome many fundamental stages in the Syrian issue and its solution, including the transitional stage, which in our perspective is the main building block to start the real political process. 

As participants in this conference, we look at constitution writing through basic insights that we summarize as follows:
1-The new constitution of Syria should include a preamble that clearly indicates that Syria is a pluralistic state (nationalities, religions, languages, and ethnicities), and that privacy of all components should be respected. 
2-The necessity of upholding the international charter, including Syria's international obligations on the laws that are established at national level.
3- Considering that Syria is a country with multiple identities, the name and flag of the state must express this pluralism. Therefore, we demand that the name of the state be free from any content in this regard, such as the name the State of Syria and the Syrian Republic. 
4- The Syrian state must be defined as a pluralist, democratic, secular, and federal state with a decentralized system of government, in which and powers are divided between the center and the parties.
5-The constitution should include a special article that recognizes equal rights for all nationalities, religions, ethnicities, and sects regardless of the principle of majority and minority, and not to include any discriminatory text in the constitution, such as the state’s religion being restricted to Islam or considered as the source of the basic legislation. 
6- Constitution most recognize the legitimate national rights of the Kurdish people in Syria, in accordance with international covenants.
7-The new constitution should adopt a principle that affirms that religion is an individual peculiarity, and that the state is for all, and that any religion's law should not be considered a major source of legislation.
8-The new constitution must emphasize ensuring a fair distribution of wealth in accordance with the geographical representation in the country.
9- The new constitution must require gender equality in rights and duties, taking into account positive discrimination for women, and that the personal status laws must be uniform for all Syrians. 
10-The principle of separation legislative, executive and judicial powers should be activated, and their relationship with each other should be organized, to ensure their balance and not overpower one authority over the other.
11- The existence of strict and effective constitutional oversight through independent judicial bodies and authorities. 
12-The constitution must be firm and restricted, so that it is not easy to make constitutional amendments, such as extending the mandate of the president or prime minister easily. 
13-The importance of having a law regulating the work of military and security institutions and their relationship to the state, with a clear indication of the civil authority's control of the military establishment.
14- Expanding popular participation and civil society institutions in Syrian decision-making process.