The Constitutional Declaration: A Defining Moment or a Reproduction of Tyranny?
- updated: April 16, 2025
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Following the fall of the Assad regime on December 8, 2024, Syria entered a new and decisive phase in its political history. The transitional period began to take shape through fundamental decisions intended to pave the way for a democratic, pluralistic, and just future. On January 29, 2025, Ahmad al-Sharaa was appointed as head of the transitional phase by leaders of the opposition military factions. This step was followed by a series of critical decisions, including the annulment of the 2012 Constitution, the dissolution of the Parliament , armed factions, security agencies, and the Progressive National Front, thus ending the Ba’ath Party’s dominance over political life in the country.
In this context, on March 13, 2025, the “Constitutional Declaration” was issued, intended to serve as the governing framework for the transitional phase, drafted by a legal committee composed of seven members. Although this declaration was initially welcomed as a necessary step to temporarily organize the state’s affairs, a careful reading of its contents raises many questions and concerns regarding the future of the transition process and the extent to which the declaration can truly serve as a foundation for building the new Syria that Syrians have long dreamed of. When analyzing the Constitutional Declaration — in comparison to previous constitutions used by the drafting committee — and taking into account the current circumstances and challenges faced by the Syrian people, the obstacles to state-building, and the deep economic, social, and institutional impacts left by years of war and conflict, several critical and worrying points emerge, including:
- While the Declaration affirms respect for rights and freedoms in line with international treaties, it also places restrictions on these rights using vague terms such as “so long as it does not conflict with national security” or “public morals,” without offering clear definitions. These loose phrases could be easily exploited to justify suppressing freedoms and political dissent, as has happened in the past. Moreover, it does not clarify its position on Syria’s previous reservations regarding human rights treaties, particularly those concerning women’s and children’s rights.
- Islamic jurisprudence (fiqh) is declared the primary source of legislation, rather than one among several sources. Given the breadth and diversity of Islamic jurisprudence, and the absence of a clear framework to reconcile it with the state’s civil obligations, this risks undermining the principle of equal citizenship and could pave the way for discriminatory laws against women, religious minorities, and groups that deviate from dominant social norms.
- Although the Declaration includes a clause to establish a “Transitional Justice Commission,” it fails to specify the timeline, criteria, or scope of its work. This reflects a lack of clear political will to seriously engage in a comprehensive transitional justice process addressing truth, accountability, reparations, and guarantees of non-repetition. A real transition in Syria is impossible without acknowledging the full extent of past and present violations, particularly those targeting women. The absence of a feminist vision or clear gender equality guarantees in the Declaration points to the persistence of patriarchal mindsets shaping Syria’s future.
- Despite calling for the subordination of the military to civilian authority and its restructuring, the Declaration lacks detailed mechanisms to ensure political neutrality and civilian oversight. This raises concerns that the military might continue functioning as a regime-protection tool rather than a national institution, militarizing public life and shielding perpetrators from accountability. Additionally, it disregards ongoing national agreements — such as those between the transitional government and the Syrian Democratic Forces — that emphasize Syria’s territorial unity and reject separatism. The Declaration clings to the name “Syrian Arab Republic,” excluding non-Arab components and weakening efforts to build a modern state based on equal citizenship. True commitment to Syria’s unity requires depoliticizing and unifying the army as a national institution and recognizing inclusive national initiatives based on dialogue and balanced representation.
The transitional phase must be a foundational moment, not merely a temporary administration. Thus, we in the Syrian Women’s Political Movement believe that the Constitutional Declaration, in its current form, fails to serve as an inclusive social contract. It lacks effective mechanisms to ensure fair and comprehensive representation of all Syrian society components and appears more like a rebranding of old power structures under a new guise.
Moreover, the provision allowing the President to appoint one-third of the People’s Assembly members — after forming a supreme committee to oversee the election of the other two-thirds — poses serious risks by effectively confiscating the people’s voice.
To transform this Declaration into a tool that enables Syrians to transition toward a democratic, civil state, we in the Syrian Women’s Political Movement recommend the following:
- Amend the Constitutional Declaration to enshrine the principle of separation of powers, with effective oversight mechanisms over the executive authority, particularly the President.
- Clearly define rights and freedoms, free from vague restrictions, and ensure they cannot be curtailed under pretexts like national security or public morals. Guarantee that Islamic law is not the sole legislative source used to justify discrimination, and establish mechanisms to harmonize religious principles with the foundations of civil citizenship and equal rights.
- Establish an independent Transitional Justice Commission with genuine representation of women and victims, endowed with clear powers to address violations and promote national reconciliation.
- Reform the military institution and subject it to the elected civilian authority, by presenting a detailed vision for restructuring the army and all affiliated forces, abolishing factional labels, and ensuring its full subordination to a democratic civilian government, aiming for a unified national army that reflects Syria’s diversity and protects the state, not the regime.
- Revise the state’s identity and the wording of the Declaration to reflect Syria’s ethnic, religious, and cultural diversity, recognizing all components as equal partners.
- Ensure the equal participation of women in all transitional committees, particularly those tasked with drafting the new constitution, transitional justice, and political participation, with a quota of no less than 30%.
What the Syrian Women’s Political Movement expects from this process goes beyond merely revising articles or redrafting clauses. It is a foundational act intended to end the logic of dominance and build a spirit of partnership. The upcoming constitution must not be a top-down document imposed by one side upon another but a living social contract that breathes the realities, hopes, and collective will of all Syrians.
In this critical moment, as the features of a new republic are being shaped, we cannot ignore the deep fractures that have affected our society or the magnitude of sacrifices made in the pursuit of change. There can be no stability without justice, no peace without equality, and no rebuilding without mutual recognition and listening to the voices that have long been silenced.
By presenting this vision to the government, and to Mr. Ahmad al-Sharaa personally, the Syrian Women’s Political Movement does out of a sense of partnership in shaping the future — not from rivalry or confrontation. For a homeland exhausted by sanctions, divisions, and wars, only a collective will that centers human dignity — for every human being — can restore life and hope.
The Political Committee
Syrian Women’s Political Movement