Syrian Kurds have rejected the transitional constitution signed into law this week by the country’s interim president, saying that the document will pave the way to a new system of authoritarian rule.
The declaration provides a constitutional framework for a five-year period as a new government transitions the country out of decades of Assad rule.
The document was drawn up in less than two weeks following February’s National Dialogue Conference.
In a statement on Friday, the Syrian Democratic Council (SDC), the political wing of the Kurdish-led Syrian Democratic Forces (SDF) issued a strong condemnation of the document, claiming that it does not represent Syria’s diverse society and warning that it concentrates too much power in the hands of the president.Â
“This draft reproduces authoritarianism in a new format, entrenching central governance and granting the executive authority absolute powers, while restricting political action and freezing the formation of parties,” the SDC said in a statement.
“Any constitutional declaration must be the product of a real national consensus, not a project imposed by one party,” it continued.
“We will not accept the rebuilding of the authoritarian regime.”
The constitutional document’s publication comes four months after rebels led by the Islamist Hayat Tahrir al-Sham (HTS) group overthrew longtime dictator Bashar al-Assad.
The new authorities repealed the Assad-era constitution and in late January interim president and former HTS leader Ahmed al-Sharaa promised a “constitutional declaration” to serve as a “legal reference” during the country’s transitional period.
The constitutional document positions the separation of powers as a cornerstone of the country’s constitution over the next five years but at the same time hands the president sweeping powers over the legislature and the judiciary.
Under its framework, Al-Sharaa will be able to propose laws, veto legislation, and exert significant influence over the selection of lawmakers in parliament.
He will also be responsible for picking all seven judges at the Constitutional Court, leading to concerns about the independence of the judiciary.
The constitutional document also elevates Islamic jurisprudence to become “the main source of legislation”, rather than “a main source of legislation” and like previous Syrian constitutions, requires the president to be Muslim.
The references to religion however has caused concern among some Syrians, particularly those from minority groups, of sectarian or theocratic governance. Syrian commentator Rami Jarrah called it a “fundamental shift” that will move Syria “from a civil state to an Islamic state”.Â
Al-Sharaa appointed a committee of experts in early March to draw up the document based on the outcomes of the National Dialogue, which attracted criticism for failing to include minority groups.
Hailed by the president as marking the start of a “new history” of the country, the declaration holds all citizens equal under the law and provides specific protections to religious minorities.
It guarantees women’s rights, freedom of expression, and freedom of the press.
The UN envoy to Syria, Geir Pedersen, welcomed the declaration and expressed hope that it would constitute “a solid legal framework for a peaceful, inclusive and seriously credible transition”.
The rejection of the declaration by the Kurds comes despite signs of rapprochement between the central government and the SDF, which has insisted on retaining autonomy from Damascus since Assad’s downfall.
The two sides reached an agreement this week to begin integrating SDF-controlled entities into state institutions.