Syria’s temporary constitution centralizes power in interim President Ahmed al-Sharaa while inadequately safeguarding minority rights. The constitution introduces a five-year transitional period following the fall of Bashar al-Assad, allowing Sharaa extensive appointive powers without democratic references. This development raises significant concerns among minorities, particularly the Kurds, who fear a regression into a dictatorship. Experts advocate for federalization as a potential solution to accommodate minority rights.
The newly established temporary constitution of Syria consolidates significant power within the hands of interim President Ahmed al-Sharaa and lacks adequate protections for minority rights, as highlighted by experts. Enacted following the overthrow of Bashar al-Assad’s regime by Islamist-led factions, the constitution introduces a five-year transitional period. Sam Dallah, a constitutional law expert, emphasizes that this document grants “absolute powers to the interim president,” leading to a presidential governance structure devoid of a prime minister’s role.
Under the new framework, elections based on a fresh constitution will only occur post-transition. The constitution stipulates that Sharaa can appoint one-third of future assembly members and form a committee to select electoral college members for electing parliamentarians. While it claims judicial independence, it endows the interim president with the authority to appoint members of the Supreme Constitutional Court, raising concerns regarding the separation of powers.
Dallah cautions that the president’s capability to control the People’s Assembly and appoint ministers undermines the principle of power separation. The constitutional declaration largely mirrors previous constitutions but notably excludes democratic references. Now, Islamic jurisprudence is proclaimed as the “principal source” of legislation, enhancing concerns among minorities.
Recent violent acts against civilians, primarily from the Alawite minority, further exacerbate these concerns. Kurdish communities in northeastern Syria express dissatisfaction with the constitution, asserting it fails to represent minority interests. They demand a decentralized democratic process that acknowledges all groups, cautioning against a potential autocratic resurgence.
According to Tigrane Yegavian, a scholar from Schiller University, many minorities apprehend a shift towards an Islamic Republic of Syria. He advocates for federalization, which would assure autonomy regarding education and justice. Furthermore, Tarek al-Kurdi, a lawyer involved in previous constitutional efforts, asserts that this declaration is a product of a tumultuous history and should not be compared to stable nations’ constitutions.
In summary, Syria’s new temporary constitution centralizes authority in the hands of the interim president, lacking sufficient protections for minority groups. The constitutional framework raises significant concerns regarding the preservation of democratic principles and the separation of powers. With ongoing tensions and demands for equitable representation, the future of Syria’s governance remains precarious as various factions express their apprehensions toward the recent constitutional developments.
Original Source: www.france24.com
