Syria’s constitutional declaration was signed by interim President Ahmed al-Sharaa on 13 March [Izettin Kasim/Anadolu via Getty Images]
Human Rights Watch (HRW) has warned that Syria’s temporary constitution risks entrenching authoritarianism and may impede the country’s transition to democracy.
In a statement released on Tuesday, the rights group noted the failure of the constitution declaration to assure the independence of the parliament and courts with members of both branches being directly or indirectly appointed by the president.
This includes all seven judges of Syria’s Higher Constitutional Court, as well as one-third of Syria’s transitional parliament with the remaining two-thirds selected by a committee chosen by the president.
“The design of Syria’s new declaration risks entrenching authoritarian control rather than facilitating a genuine transition to a rights-respecting democracy,” HRW said.
Syria’s transitional constitution was enacted on 13 March and replaces the Assad-era 2012 constitution, which was repealed following the toppling of the regime in a rebel offensive led by the Islamist rebel group Hayat Tahrir Al-Sham (HTS).
The group’s leader, Ahmed al-Sharaa, was declared interim president in January, and will preside over a five-year transitional period which will see the drafting of a permanent constitution and elections at the end of the period.
The constitutional declaration included a commitment to the separation of powers between different branches of government, as well as women’s rights and freedom of speech, but the president’s ability to appoint legislators and judges has raised serious concerns.
HRW also warned of a lack of independent oversight about the decisions of the president and government ministers, who report only to him.
HRW’s Middle East director Adam Coogle said that “without stronger safeguards and independent oversight, this declaration risks consolidating executive control at the expense of fundamental freedoms at a crucial time for Syria’s future”.
“Given the rampant unchecked authority of the previous government, it is paramount for Syria to establish a system that holds everyone accountable for their abuses and crimes,” he added.
HRW recommended that the constitution be revised to incorporate stronger judicial independence and legislative oversight, which it said will help “ensure Syria’s transition respects human rights, holds those responsible for past abuses accountable, and fosters a future of greater accountability”.
