Syria

Syria

Syrian Constitution

Written at the request of clients: December, 2024

Draft Constitution of the Syrian Republic

Preamble

In the name of Allah, the Most Gracious, the Most Merciful.

We, the proud and steadfast people of Syria, united by our enduring faith, shared heritage, and unwavering commitment to justice, dignity, and prosperity, hereby declare this Constitution as the foundation of a renewed Syrian Republic.

This Constitution arises from the sacrifices of countless generations who endured adversity to preserve the sovereignty, unity, and spirit of our nation. It reflects our collective determination to build a society grounded in equality, freedom, and respect for the sanctity of all individuals, guided by the principles of Islam and universal human values.

By adopting this Constitution, we commit to eradicating terrorism in all its forms, upholding the rule of law, and safeguarding the sovereignty of Syria. As a nation, we seek peaceful coexistence with our neighbors, striving for justice, security, and development, while resolutely protecting our independence and territorial integrity. Together, we pledge to forge a future of strength, unity, and prosperity for every Syrian under the guidance of divine wisdom.

Chapter I: General Principles

Article 1: Sovereignty and Independence

  1. Syria is a sovereign, independent, and Islamic democratic republic.
  2. Sovereignty belongs to the people of Syria, who exercise it through free elections, referenda, and active participation in governance.

Article 2: Territorial Integrity

  1. Syria is an indivisible state, and no part of its sacred territory shall be ceded or separated under any circumstance.
  2. It is the solemn duty of every Syrian to defend Syria’s borders, unity, and sanctity.

Article 3: Outlawing Terrorism

  1. Terrorism, in all its forms and manifestations, is a heinous crime against Allah, the nation, and humanity, and is strictly prohibited under this Constitution.
  2. Any individual, group, or organization involved in terrorism, including its financing, support, or incitement, shall face the full severity of the law.
  3. Those convicted of terrorism shall be permanently barred from voting, holding public office, or participating in government.
  4. The state pledges to eradicate terrorism by addressing its root causes through justice, education, and economic reform, while collaborating with regional and international partners to ensure its elimination.

Article 4: Peaceful Relations with Neighbors

  1. Syria reaffirms its commitment to peaceful coexistence and mutual respect with all neighboring states and pledges that disputes shall be resolved through dialogue, diplomacy, and adherence to international law, prioritizing peace and justice.
  2. Syria shall actively promote regional cooperation in trade, energy, and cultural exchange, while preserving its sovereignty and independence.

Article 5: Rule of Law

  1. The Rule of Law is the cornerstone of governance, ensuring justice, fairness, and accountability for all.
  2. No individual, institution, or authority shall stand above the law, and all actions shall conform to this Constitution.

Article 6: Islamic Principles and Freedom of Religion

  1. Syria shall be guided by the principles of Islamic justice, tolerance, and compassion in governance, while guaranteeing freedom of religion, belief, and worship for all citizens.
  2. The state shall ensure the separation of religious authority and governmental administration, respecting Syria’s rich religious diversity.

Chapter II: Rights and Freedoms

Article 7: Equality and Non-Discrimination

  1. All Syrians are equal before the law and shall enjoy equal protection under it, regardless of race, ethnicity, religion, gender, or social status.
  2. Discrimination and injustice in any form are strictly prohibited, and the state shall implement measures to rectify historical inequities and promote social harmony.

Article 8: Freedom of Expression and Media

  1. Every citizen has the right to freedom of thought, expression, and opinion, provided it does not contradict public order, moral principles, or national unity.
  2. Media outlets shall operate freely and independently but must adhere to ethical standards that uphold truth and justice.
  3. Misinformation, hate speech, and incitement to violence are grave offenses and shall be punished accordingly.
  4. Journalists and media workers shall be safeguarded in their duties, provided they act responsibly and in accordance with the law.

Article 9: Freedom of Assembly and Association

  1. Citizens have the right to peacefully assemble, demonstrate, and organize, provided such actions do not endanger public safety or infringe upon the rights of others.
  2. Political parties, labor unions, and civil society organizations may be established freely, subject to laws ensuring transparency and alignment with national values.

Article 10: Cultural and Minority Rights

  1. All ethnic, linguistic, and religious communities shall have the right to preserve, promote, and celebrate their cultural heritage, language, and traditions.
  2. The state shall ensure equitable representation of minority groups in local and national governance structures.

Article 11: Women’s Rights

  1. Women and men are equal in rights and duties in all political, economic, social, and cultural domains, as guided by Islamic principles.
  2. The state shall protect women from violence and discrimination, promoting their full participation in nation-building.

Article 12: Social and Economic Rights

  1. Every Syrian has the right to education, healthcare, and social security, which the state shall provide equitably.
  2. The state shall foster sustainable development, ensuring the fair distribution of resources and protection of the environment.

Chapter III: Governance Structure

Article 13: The Legislature

  1. The legislature is the supreme representative body of the people, consisting of:
    • The People’s Assembly (lower house), elected through proportional representation..
    • The Council of Regions (upper house), with members elected or appointed by local and regional authorities.
    • The Assembly shall have 120 seats, while the council of regions shall have 60.
  2. The People’s Assembly has the authority to draft, debate, and pass legislation, while the Council of Regions ensures that the interests of local and cultural communities are reflected in national policies.
  3. Legislative proceedings shall be open to the public, and all members must disclose financial interests to avoid conflicts of interest.
  4. Citizens shall have the right to petition the legislature and participate in public consultations on major legislative initiatives.

Article 14: The Executive

  1. The President serves as the Head of State and symbolizes national unity, with responsibilities including:
    • Appointing the Prime Minister and other key officials with parliamentary approval.
    • Representing Syria in international relations.
  2. The Prime Minister, as the Head of Government, oversees the executive branch, implements laws, and manages state institutions.
  3. Executive power is exercised through ministries, each headed by a Minister responsible for specific policy areas.
  4. The executive branch shall be accountable to the legislature through regular reporting and question sessions.

Article 15: The Judiciary

  1. The judiciary is independent and tasked with interpreting the law, resolving disputes, and protecting constitutional rights.
  2. The Supreme Constitutional Court shall review laws, executive actions, and treaties to ensure their compliance with the Constitution.
  3. Judicial appointments shall be based on merit, and judges may not be removed from office except through an independent disciplinary process.
  4. Access to justice shall be guaranteed for all citizens, with legal aid provided to those who cannot afford it.

Chapter IV: Decentralization and Local Governance

Article 16: Decentralized Administration

  1. Local and regional councils shall have significant authority to manage education, healthcare, infrastructure, and economic development.
  2. Councils shall be democratically elected and operate transparently, with provisions for public participation in decision-making.
  3. The central government shall provide financial support to local governments to ensure equitable development across all regions.

Article 17: Regional Autonomy

  1. Autonomous regions to preserve cultural, linguistic, or religious identities can be created.
  2. Autonomy includes control over local policing, education, and economic development, but shall not infringe on national sovereignty.
  3. Autonomous regions shall work cooperatively with the central government and other regions to ensure national unity.

Chapter V: National Security and Defense

Article 18: Defense of the Nation

  1. Syria’s Armed Forces shall defend the nation’s sovereignty, faith, and territorial integrity with valor and discipline..
  2. The military shall operate under strict civilian oversight and remain apolitical at all times.
  3. Military service shall be professional and voluntary, except in cases of national emergency as determined by Parliament.

Article 19: Combating Terrorism

  1. Acts of terrorism, including financing, supporting, or harboring terrorists, are grave crimes against Allah, Syria and humanity, and are prohibited and punishable under the law.
  2. Specialized counter-terrorism forces shall act swiftly and decisively, always upholding justice, transparency and human rights.
  3. Syria promises to work with regional partners to address cross-border terrorism.

Article 20: Internal Security

  1. A unified and professional police force shall ensure public safety and protect constitutional freedoms.
  2. Internal security agencies shall operate under strict oversight to prevent abuses of power and ensure accountability.

Chapter VI: Transitional Justice and Reconciliation

Article 21: Transitional Justice

  1. A National Reconciliation Commission shall investigate human rights abuses, war crimes, and corruption committed during the conflict.
  2. Victims and their families shall have the right to truth, justice, and reparations.
  3. Mechanisms such as truth commissions, trials, and restorative justice programs shall be established to promote healing and reconciliation.

Article 22: Refugee Return and Rehabilitation

  1. Refugees and internally displaced persons shall have the right to return to their homes safely and voluntarily.
  2. The state shall provide housing, education, and employment programs to support reintegration.

Article 23: Community Healing and Coexistence

  1. Public campaigns and educational programs shall promote interfaith dialogue, cultural understanding, and national unity.
  2. The state shall commemorate the victims of conflict and establish memorials to foster collective healing.

Chapter VII: Budget and Financial Governance

Article 24: Principles of Financial Governance

  1. Public funds are a national trust, and their allocation and expenditure shall prioritize public welfare, economic stability, and equitable development.
  2. Budgetary processes shall be guided by transparency, accountability, and efficiency, ensuring no misuse of public resources.
  3. All state revenues and expenditures shall be included in the national budget, with no off-budget funds permitted unless explicitly authorized by law.

Article 25: Budgetary Process

  1. The national budget shall be prepared annually by the executive branch through the Ministry of Finance and submitted to the legislature for approval.
  2. The draft budget must be:
    • Presented to the People’s Assembly no later than three months before the start of the fiscal year.
    • Subject to public consultation, allowing civil society organizations, regional councils, and citizens to provide feedback.
    • Approved by both chambers of the legislature (People’s Assembly and Council of Regions) within two months of submission.
  3. If the budget is not approved by the start of the fiscal year, the previous year’s budget shall remain in effect on a pro-rated basis until the new budget is passed.

Article 26: Budget Components

  1. The national budget shall include:
    • Projected revenues from taxes, natural resources, and other income sources.
    • Allocations for essential sectors such as education, healthcare, infrastructure, defense, and social welfare.
    • Debt servicing, if applicable, and fiscal strategies to ensure long-term sustainability.
  2. The budget shall adhere to fiscal discipline, maintaining a sustainable balance between revenues and expenditures.

Article 27: Oversight and Accountability

  1. An independent National Audit Office shall be established to oversee the implementation of the budget, ensuring funds are used efficiently and legally.
    • The Audit Office shall report directly to the legislature and make its findings publicly accessible.
  2. Regular audits of all government ministries, agencies, and public enterprises shall be conducted and published.
  3. Officials found guilty of corruption, embezzlement, or misuse of public funds shall face criminal prosecution and civil penalties.

Article 28: Transparency and Public Access

  1. The Ministry of Finance shall publish detailed budget proposals, quarterly execution reports, and year-end financial statements in a publicly accessible format.
  2. Citizens have the right to access information on government spending and revenue collection, subject to reasonable limits to protect national security.
  3. Regional and local councils are required to follow the same principles of transparency and shall publicly disclose their budgets and expenditures.

Article 29: Emergency Expenditures

  1. In the event of a national emergency, the government may authorize additional expenditures outside the approved budget, provided:
    • The expenditures are strictly limited to addressing the emergency.
    • The legislature must be notified within seven days.
    • The expenditure must be approved within 30 days.
  2. Emergency expenditures are subject to immediate review and audit.

Article 30: Citizen Participation in Budgeting

  1. Participatory budgeting shall be introduced to involve citizens in prioritizing local development projects and public spending at regional and municipal levels.
  2. Local councils shall hold annual public hearings to gather input on budget priorities and ensure alignment with community needs.

Article 31: Borrowing and Debt Management

  1. Borrowing by the government shall require legislative approval and be limited to purposes that benefit public welfare and development.
  2. Debt ceilings shall be established by law to prevent unsustainable borrowing.
  3. A comprehensive public debt management strategy shall be published annually to ensure transparency in borrowing and repayment plans.

Chapter VIII: Constitutional Amendments

Article 23: Amendment Process

  1. Constitutional Amendments require an approval by national referendum.

Chapter IX: Final Provisions

Article 24: Supremacy of the Constitution

  1. This Constitution is Syria supreme law of, and any conflicting laws or regulations are void.

Article 25: Implementation

  1. This Constitution shall take effect immediately upon ratification by a national referendum.