North Press has obtained a copy of the draft constitutional declaration for Syria, which is set to be presented to the President of the Republic.
On March 2, Syria’s transitional president, Ahmad al-Sharaa, issued a decree establishing a committee of experts tasked with drafting the constitutional declaration.
According to SANA, Abdul Hamid al-Awak, a member of the Syrian Constitution Drafting Committee, stated that the committee was nearing completion of the draft and would soon submit it to the presidency.
The draft constitutional declaration obtained by North Press stipulates that the President of the Republic must be Muslim, with Islamic jurisprudence serving as the primary source of legislation. It also affirms the independence of the judiciary and designates Arabic as the official language of the state.
The draft consists of 43 articles:
Article 1:
The Syrian Arab Republic is an independent, sovereign state and an indivisible geopolitical entity. No part of its territory may be relinquished.
Article 2:
The religion of the President of the Republic is Islam, and Islamic jurisprudence serves as the primary source of legislation. Freedom of belief is safeguarded, and the state respects all Abrahamic religions, guaranteeing the freedom to practice their rituals, provided this does not disrupt public order.
Article 3:
Arabic is the official language of the state.
Article 4:
Damascus is the capital of the Syrian Arab Republic. The national emblem and anthem shall be determined by law.
Article 5:
The national flag shall have the following specifications: its length shall be twice its width, featuring three equal, parallel horizontal stripes—green at the top, followed by white, and black at the bottom. The white stripe shall contain three five-pointed red stars aligned in a straight line.
Article 6:
All citizens are equal before the law in rights and duties, without discrimination based on race, religion, gender, or lineage.
Article 7:
Personal status laws for religious communities shall be preserved and respected in accordance with their beliefs and religious laws, regulated by the applicable legal framework.
Article 8:
The state is committed to structuring the national economy on the principles of social justice and free competition, prohibiting monopolies, supporting productive sectors, encouraging investment, and protecting investors to foster comprehensive and sustainable development.
Article 9:
The state upholds the principle of equal opportunities and ensures legal protections to guarantee equality among citizens in public office, employment, and education.
Article 10:
The state is committed to implementing transitional justice, ensuring accountability for perpetrators of crimes, redress for victims, the administration of justice, and the recognition of martyrs within a comprehensive legal framework.
Article 11:
The state is dedicated to maintaining peace, civil coexistence, and social stability while preventing sectarian strife and division.
Article 12:
The state shall work toward strengthening international peace and security, fostering balanced and positive diplomatic relations in accordance with national interests, respecting state sovereignty, and refraining from interference in the internal affairs of other nations.
Part II: Rights and Freedoms
Article 13:
The state guarantees freedom of expression, opinion, media, publication, and press, exercised in accordance with the law to ensure the protection of public order and respect for the rights of others.
Article 14:
The state acknowledges the right to political participation and the formation of political parties on a national basis.
A committee shall be established to draft a party law, and political party activities shall remain suspended until legislation governing them is enacted.
Article 15:
The state shall uphold human rights and fundamental freedoms in accordance with international conventions and recognized norms.
Article 16:
The state is committed to protecting the family as the foundation of society and ensuring support for motherhood and childhood.
Article 17:
The state guarantees the preservation of women’s social status, their active role in society, and protection from all forms of violence and discrimination.
Article 18:
The state shall protect children from exploitation and abuse while ensuring their right to education and healthcare.
Article 19:
The right to private property is inviolable. Expropriation shall only occur for public benefit and must be accompanied by fair compensation. If the compensation offered by the state is deemed inadequate by the owner, they have the right to seek judicial review. This right may not be revoked.
Part III: Governance During the Transitional Period
First: The Legislative Authority
Article 20:
The People’s Assembly shall be appointed by the President of the Republic and shall serve as the legislative authority until a permanent constitution is adopted and new parliamentary elections are held.
Article 21:
The term of the People’s Assembly shall be two years per session.
Article 22:
At its first session, the People’s Assembly shall elect a speaker, two deputies, and a secretary by secret ballot, requiring a majority vote of those present. The session shall be chaired by the eldest member until the election is conducted.
Article 23:
Within one month of its establishment, the People’s Assembly shall draft its internal bylaws and submit them to the President of the Republic.
Article 24:
No law or amendment shall be enacted without the approval of the People’s Assembly by majority vote.
Article 25:
The People’s Assembly shall be responsible for:
- Enacting legislation necessary for state governance during the transitional period.
- Amending or repealing existing laws.
- Ratifying international treaties and agreements.
- Approving the state’s general budget.
- Granting general amnesties.
- Accepting or rejecting the resignation of members in accordance with internal regulations.
Second: The Executive Authority
Article 26:
The President of the Republic shall take the constitutional oath before the People’s Assembly, swearing to uphold the sovereignty of the state, its unity and territorial integrity, respect the law, protect the people’s interests, and work to secure a dignified life and justice for all citizens.
Article 27:
The President of the Republic is the Head of State, Supreme Commander of the Armed Forces, and the highest authority responsible for national unity, territorial integrity, and the protection of citizens’ interests.
Article 33:
The President shall issue laws approved by the People’s Assembly but may veto them with a reasoned decision within one month of their submission. A vetoed law shall only be enacted with the approval of two-thirds of the legislative body.
Article 34:
The President may grant special pardons, provided they comply with the law.
Third: The Judicial Authority
Article 35:
The judiciary is independent, and judges are subject only to the law and their conscience.
Article 36:
No individual may be prosecuted or punished except in accordance with legal provisions. A defendant is presumed innocent until proven guilty in a fair trial with full legal guarantees. The establishment of exceptional courts is prohibited.
Article 37:
The judiciary shall be structured in a manner that ensures justice and the swift resolution of disputes.
Article 38:
Courts established to address terrorism cases shall be dissolved, and the Supreme Judicial Council shall oversee the resolution of their legal consequences in accordance with principles of justice and governing laws.
Article 39:
The Supreme Judicial Council shall oversee the military judiciary to ensure its independence, with its judges subject to the same standards applied to the general judiciary.
Article 40:
The Supreme Judicial Council shall be formed in accordance with the provisions of this constitutional declaration.
Part IV: Final Provisions
Article 41:
Existing laws shall remain in force unless amended or repealed to align with the provisions of this declaration.
Article 42:
No article of this declaration may be amended except by a two-thirds majority decision of the Interim People’s Assembly.
Article 43:
This declaration shall be published in the Official Gazette and shall take effect upon publication.
This article was translated and edited by The Syrian Observer. The Syrian Observer has not verified the content of this story. Responsibility for the information and views set out in this article lies entirely with the author.
