لقراءة الورقة اضغط هنا الحل السياسي في سوريا اللجنة الدستورية ومآلاتها

To read as PDF political solution in Syria and the Constitutional Committee and its outcomes

A policy paper prepared and issued by the Fraternity Foundation for Human Rights
December 2021

This paper is mainly focused on exploring ways to enhance the participation of Northeast Syria in the process for drafting a new Syrian constitution by the Constitutional Committee established pursuant to Security Council Resolution (2254) issued in December 2018, given the importance and the substantial impact of this participation on the political solution and peace and the national unity in Syria.

Fraternity Foundation for Human Rights firmly believes that the constitution is the supreme law that sets the ground rules for the form of the state, the system of government, and it regulates public authorities, the relationships between authorities, the limits of each authority, and the duties and fundamental rights of individuals and groups.

Since the constitution that is being drafted represents a historical document for the struggle of all segments of the Syrian people in their movement that began in 2011, it requires the legitimate representation of all segments and social groups of the Syrian people including political forces, trade unions, workforce, and religious and cultural forces.

Through this paper, Fraternity Foundation presents its vision and point of view based on the opinion of civil society organizations operating in Northeast Syria, which were collected through a series of education processes on constitution for these organizations and a comprehensive questionnaire of their views, suggestion, and aspirations (the survey was conducted during November 2021 in the field and through interviews with 64 civil organizations of mainly the citizens of the region).

The outcomes of the questionnaire were then utilized to prepare this paper as a contribution to the ongoing dialogue seeking to emerge from the crisis that the process of drafting the constitution has reached as a result of the confused course that was drawn by the Constitutional Committee with the participation of some international and local parties. To develop a vision on the importance of ensuring the participation of all segments of Syrian population in this process, which Fraternity Foundations believes to be an essential aspect of implementing UN Resolution 2254 on the solution in Syria, which is mainly based on a political solution to the Syrian conflict that has been going on for more than a decade, this vision considers a non-derogable full participation of Northeast Syria as way to strengthen peace in Syria and the shared destiny of all Syrian with all their differences and disagreements to avoid further tensions and civil conflicts, which will ensure a united Syria based on the values of human rights, equal citizenship, and respect for national, religious, regional, and political diversity. In the same contexts, lies the importance of considering human rights conventions as a scientific and practical basis to ensure an effective civil participation of all Syrians for the success of the process of drafting a new Syrian constitution.

Because of this consideration, Fraternity Foundation for Human Right continuously seeks to ensure that human rights conventions are the main source of the Constitutional Committee’s work as a first step, and later placing international human right conventions at the highest place in the hierarchy of Syrian legislation as a second step.

This paper concludes with a comprehensive and complete proposal by Fraternity Foundation for Human Rights for the establishment of the Constitutional Committee and the mechanism of it work based on the recommendations and findings contained in this paper, which were discussed in depth in the second and third sections of this paper.

Fraternity Foundation for Human Rights greatly values the work of the international community and supports Resolution 2254 in letter and spirit. Therefore, it proposes the establishment and work mechanisms for the Constitutional Committee according to its vision as a Syrian human rights organization that has been working since the beginning of the movement of the Syrian people and is an essential part of the Syrian civil and human rights movement

Contents:

Introdaction: The goal of the paper
Firstly: Syrian constitutional process
1.1. Background on the course of the Syrian constitutional process
1.2. The deadlocked state of the process of drafting the Syrian constitution
1.3. Establishment and the structure of the constitutional committee
Opinion on specialized Committees and general principles

Secondly: Peace and Syrian constitution
2.1. No hope for a political solution while violating 2254 resolution continues
2.2. Northeast Syria between the actual reality and the actual of representation in the solution

Thirdly: Outcomes and recommendations to amend the course of the constitutional crisis
3.1. Basic requirements to ensure the democracy and legitimacy of the new constitution
3.2. Criteria for selecting members of the Constitutional Committee.
3.3. Rules, procedures, and competencies of the work of Constitutional Committee

Fourthly: A proposal for new configuration of the Syrian Constitutional Committee