Interim president Ahmed al-Sharaa’s newly signed transitional constitution for Syria promises rights and a separation of powers but raises concerns about its potential for authoritarianism. While aiming to establish a more democratic state after decades of dictatorship, Sharaa retains significant control over parliamentary appointments and the judiciary. The constitution’s reliance on Islamic jurisprudence and the concentration of power suggests risks of fundamentalism and repression, complicating the path toward genuine reform amidst ongoing violence and international scrutiny.
New Transitional Constitution for Syria: Hope or Illusion?
On Thursday, interim president Ahmed al-Sharaa signed a new transitional constitution for Syria that is filled with promises of rights, including freedom of expression, freedom of belief, women’s rights, and a free press. Moreover, the document clearly outlines the separation of powers, paving the way for a parliament that will have the authority to remove the president from office. This constitutional declaration marks the beginning of a five-year transitional period, during which a permanent constitution is expected to be established alongside scheduled elections.
A New Era After Decades of Dictatorship
After enduring decades of oppressive rule under Bashar al-Assad, these developments can seem hopeful. Sharaa, a former Qaeda fighter and head of the Islamist HTS militia, appears eager to demonstrate his commitment to inclusivity, equality, and progress in a reformed Syria. This message is not just for Syrians but also aims to resonate with Western nations that continue to impose sanctions on the country.
However, skepticism is unavoidable as a deeper examination of the transitional constitution reveals troubling elements. For instance, the document states that Islamic jurisprudence serves as the “most important basis” for legislation. While this is not uncommon in Arab countries, it raises concerns about the potential for a fundamentalist Sharia state, which would conflict with Syria’s diverse religious landscape.
The principle of separation of powers also appears questionable upon closer inspection. The constitution grants Sharaa the authority to personally appoint one-third of future parliament members. The remaining representatives will be selected by a committee that he also appoints. This concentration of power extends further: Sharaa is empowered to nominate all judges for the new Syrian constitutional court and declare a state of emergency, pending approval from the National Security Council, which he leads. The council’s members, including the ministers of foreign affairs, interior, and defense, are loyal to Sharaa, raising concerns about the potential for an authoritarian regime.
In theory, Sharaa has the means to surround himself with loyalists, effectively ruling as he wishes and potentially ensuring his continuation in office through supposedly democratic elections in five years. However, whether he will choose this path remains uncertain. It is crucial to remember that a constitution does not automatically guarantee a rule of law; such a system must be actively cultivated. During Assad’s era, a constitution existed that proclaimed Syria a democracy while simultaneously restricting freedoms.
Currently, Sharaa’s constitutional declaration is little more than a collection of written promises; the real challenge lies in actualizing these commitments. He must tread carefully, as he requires financial support from abroad and aims for the lifting of sanctions. The recent violence against the Alawite community by Islamist militias underscores the precarious situation he faces in this fractured nation.
In a significant diplomatic move, Sharaa has persuaded the powerful Kurdish militia in northeastern Syria to integrate their political and military structures into the emerging state; the rebellious Druze in the southwest may soon follow suit. They are looking to the president to fulfill his promises of participation, equality, and political representation.
With the current draft of the constitution, Sharaa retains the flexibility to navigate various political landscapes. He could potentially usher in a new era of democracy in Syria. However, his extensive powers also provide the means to suppress dissent and minority groups under the guise of constitutional authority.