Syrian President Ahmad al-Sharaa has signed a new constitutional declaration, marking a significant step toward establishing a legal framework for the country’s five-year transitional phase. The declaration, drafted by a specialized committee, aims to reshape Syria’s governance structure following the collapse of the previous regime in December 2024.
According to the drafting committee, the declaration derives its legitimacy from the aspiration to build a new Syria while preserving the country’s official name, “The Syrian Arab Republic.” It also maintains Islam as the religion of the president and upholds Islamic jurisprudence as a principal source of legislation.
Guarantees of Rights and Freedoms
The declaration outlines a guarantee for fundamental freedoms, including freedom of speech, press, media, and publishing. It also upholds property rights and ensures women’s rights to work and education, reflecting an effort to construct a more inclusive legal framework.
On the political front, the document grants parliament the authority to summon and question ministers, reinforcing oversight of the executive branch. It also dissolves the existing constitutional court and formalizes the five-year transitional period.
Regarding emergency powers, the declaration restricts the imposition of a state of emergency, requiring approval from the National Security Council, with extensions subject to parliamentary consent.
A Framework for Political Transition
The constitutional declaration is part of a broader effort to restructure Syria’s constitutional and legal framework, ensuring a stable foundation for political transition amid the country’s ongoing changes.
The declaration’s explanatory memorandum, obtained by Syria TV, provides insights into its legal and historical rationale. It describes the Syrian Revolution’s victory on December 8, 2024, as a turning point that abolished the previous regime and its political structures, including the 2012 constitution. The memorandum recounts how the Syrian Revolution Victory Conference, held on January 29, 2025, marked the official end of the former political system and initiated a new governance model, electing a president to lead the transition.
The transition’s legitimacy, according to the memorandum, stems from popular sovereignty rather than the remnants of the old regime. A National Dialogue Conference held on February 25, 2025, laid the groundwork for a new political and legal order, emphasizing that Syria’s transformation involves both demolition of the previous legal system and the construction of a new framework based on the Syrian people’s values.
To facilitate this transition, President al-Sharaa issued a decree on March 2, 2025, forming a committee to draft the constitutional declaration that would govern the transitional period. The document is designed to ensure the continuity of state institutions while implementing necessary legal and political reforms.
Key Provisions of the Declaration
- General Provisions
The declaration affirms Syria’s national identity and maintains the country’s official name as the Syrian Arab Republic, which has been in place since 1920. It also retains Islam as the president’s religion while ensuring that Islamic jurisprudence remains a primary legal source.
Furthermore, the declaration reaffirms the state’s commitment to territorial integrity, the protection of cultural and linguistic rights, and the principles of citizenship and national unity.
Other provisions include reconstruction policies and the restructuring of the military and security institutions to align with human rights standards.
- Rights and Freedoms
The declaration includes a dedicated section on human rights and civil liberties, underscoring that constitutional law is the framework for freedom. It reaffirms Syria’s commitment to international human rights agreements and enshrines multiple freedoms, such as:
- Freedom of expression, press, and publication
- Right to privacy and personal freedoms
- Women’s rights to work, education, and social participation
- Property rights and economic freedoms
To balance individual liberties and public order, the declaration introduces measures to regulate freedoms, ensuring that they do not lead to instability.
- Transitional Governance Structure
One of the key goals of the constitutional declaration is to correct Syria’s historical power imbalances, particularly the excessive concentration of authority in the hands of the president.
- Legislative Authority:
The People’s Assembly (parliament) is designated as the primary legislative body. Despite the transitional nature of the government, President al-Sharaa opted for elected parliamentary members, reserving one-third of the seats for presidential appointees to ensure adequate representation of women and technocrats. - Executive Authority:
The president holds executive power, assisted by a council of ministers. However, unlike in the past, the president’s emergency powers are strictly limited to declaring a state of emergency, which requires parliamentary approval for extensions. - Judiciary and Legal System:
The declaration ensures judicial independence and bans exceptional courts, which were a hallmark of previous repressive regimes. Additionally, it abolishes the existing constitutional court—a remnant of the old system—allowing the president to appoint a new constitutional court until a permanent judicial framework is established.
Transitional Justice and Future Constitutional Reforms
Given Syria’s history of widespread human rights violations, the declaration formally incorporates transitional justice mechanisms to address past abuses.
- It annuls all exceptional legal provisions, including rulings by Syria’s notorious Counterterrorism Court.
- It mandates the creation of a truth and reconciliation commission to investigate human rights violations, compensate victims, and hold perpetrators accountable.
The transitional period is set for five years, mirroring the post-conflict transitions of other nations emerging from war or authoritarian rule. During this time, efforts will focus on establishing a secure and neutral environment conducive to long-term stability.
Additionally, the constitutional drafting committee recommends the formation of a permanent constitutional assembly to draft Syria’s future permanent constitution.
The Road Ahead
The constitutional declaration marks a crucial step in Syria’s transition from the previous regime to a new political order. While it lays the groundwork for legal and institutional reforms, its implementation and effectiveness will depend on political stability and broad-based participation in the transition process.
With the five-year transitional period now officially underway, the coming months will determine whether this framework can guide Syria toward a more democratic and inclusive future.
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.
