Syria’s new constitution: What we know so far

Syria’s interim President Ahmed al-Sharaa’s announced a seven-member committee tasked with drafting a constitutional declaration for the country’s transition, raising questions about the nature of the state that will emerge in the post-Assad era.

In a statement on Sunday, the presidency announced that “the formation of a committee of experts” would be responsible for drafting “the constitutional declaration that regulates the transitional phase” in Syria. 

The seven-member committee is set to “submit its proposals to the president,” according to the statement, though no specific timeframe was mentioned. 

The country’s new authorities have been focusing on rebuilding Syria and its institutions after 13 years of brutal conflict and the end of a 50-year rule by the Assad family, which governed with an iron fist.  

The nature of Syria’s revolution that toppled the Assad regime, as a result, has made the drafting of a new constitution inevitable. 

The content of the constitution will be crucial in shaping Syria’s future, especially given the ongoing doubts over al-Sharaa’s intentions, considering his previous links to al-Qaeda. 

Here is The New Arab‘s breakdown of what is reportedly known so far about Syria’s constitution.

Muslim president

Last week, The New Arab reported that a national dialogue conference in Damascus outlined a potential path for a new Syria.  

A statement released at the end of the one-day conference – which was announced just days before and left many potential participants with little preparation time- paved the way for the creation of the seven-member committee tasked with drafting a transitional constitutional declaration.  

The statement underscored the importance of freedom of expression and human rights.  

According to the state news agency SANA, the conference issued several declarations, including the formation of a legislative council, a commitment to transitional justice, human rights, and the guarantee of freedom of expression.  

However, no further official details were provided, leaving questions about the constitution’s form unanswered.  

Al Jazeera Arabic reported on Sunday that the constitutional declaration includes a stipulation that Syria’s president must be a Muslim.

Political pluralism

According to the Arabic-language publication, Syria’s president will be required to appoint the People’s Assembly within 60 days of issuing the constitutional declaration.  

The Assembly will consist of 100 members, ensuring ‘fair representation of various groups and efficiency’.  

Under the constitutional declaration, the president will also appoint the assembly members by decree for a two-year term.  

Post-Assad will also reportedly permit the formation of political parties, which will be allowed based on national principles under a future law. 

Additionally, the constitutional declaration states that Syria’s leader will serve as the commander-in-chief of the army and armed forces. 

Syrian fears 

Syrians have consistently expressed concerns about the lack of inclusivity, despite claims from the new leadership emphasising its importance.

The New Arab previously reported that Syrians raised alarms following the recent national dialogue conference, noting that the preparatory committee represented only “one component of the Syrian people”.

Most members of the committee were closely linked to the transitional government, which is dominated by former members of Hayat Tahrir al-Sham (HTS), an Islamist rebel group that played a key role in toppling the Assad regime on 8 December. 

Bassam Alahmad, CEO of Syrians for Truth and Justice, pointed out several exclusionary aspects in his interview with The New Arab, including the invitation of individuals rather than representatives from civil society organisations, the removal of Hassakeh and Raqqa from an online survey for participants, and the exclusion of groups such as the Kurdish-dominated administration (AANES) in the country’s northeast.  

Kurdish exclusion?

Kurdish parties have also been notably excluded from the constitutional committee tasked with preparing a draft for Syria’s permanent constitution. 

Syria’s new government has been in talks with the Syrian Democratic Forces (SDF), a Kurdish-led group that controls significant portions of northeastern Syria. 

The US-backed SDF has been reluctant to disarm and has voiced a desire for a degree of autonomous rule in the areas it controls, a stance that the Syrian government rejects. 

However, in February, the SDF and the Syrian Democratic Council (SDC) agreed to integrate their military forces into the army of the new Syrian government.

The agreement is also believed to involve the Autonomous Administration of North and East Syria, commonly known as “Rojava”, which is the civil authority that rules SDF-held areas of Syria.

Syria’s new leadership has emphasised its aim to bridge sectarian divides by expressing a commitment to protecting the country’s minority groups and calling for national unity. 

In December, a caretaker government was appointed to lead the country until 1 March, when a new government was set to be formed, following the outbreak of Syria’s conflict in 2011.  

The conflict began after Assad brutally repressed anti-government protests, which spiralled into a civil war that killed over 500,000 people, displaced millions both domestically and abroad, and devastated the economy, infrastructure, and industry.