The Constitutional Declaration of the Syrian Arab Republic

Translation and Overview

The following post is my full translation of the constitutional declaration of the Syrian Arab Republic issued yesterday. In effect, it is an interim constitution. Some highlights:

. The designation of the Syrian Arab Republic is retained, and Arabic is the official language. Kurdish is not made an official language, but there is a mention of guaranteeing the cultural and linguistic rights of various communities, which would suggest recognition of the right for communities that speak other languages (mainly Kurdish, Turkish and Neo-Aramaic) to speak those languages and teach them to subsequent generations.

. The constitutional declaration has an Islamist orientation in deeming Islamic jurisprudence the main source of legislation. The previous stipulation that the president should be Muslim is retained. Freedom of belief is affirmed, but seemingly only within the confines of recognised ‘heavenly religions’ (i.e. religions that would be deemed to have foundations in divine revelation from an Islamic standpoint), and the practice of certain rituals may be restricted if they are deemed to infringe on public order. What would this mean for practice of certain Shi‘a rituals, for instance?

. The constitutional declaration has a clear national vision, and does not make any concessions to notions of transnational jihad. It clearly envisions Syria as a nation-state, and endorses the concept of having a national anthem.

. The repeated affirmations of Syria’s territorial integrity and unity would suggest an inclination against concepts of federalism and decentralisation.

. An effective reaffirmation of the need for all armed factions to dissolve and for exercise of force to be solely in the hands of a new professional army and security services.

. The main flag associated with the revolution is now made the official Syrian flag.

. Freedom of expression is affirmed as a principle, but there are also limitations. Calling for separatism and any glorification of the Assad regime are banned.

. The parliamentary system of the People’s Council is retained, but for the time being, the composition of the council will not be established on the basis of free elections.

Below is my full translation.

Constitutional Declaration of the Syrian Arab Republic

Introduction

On the dawn of a remarkable day, the morning of victory breathed, and Syria set out towards a new era, announcing the end of oppression and subjugation, and the birth of hope for the building of a modern state based on justice, dignity, and true citizenship. Tyranny weighed heavily on the hearts of Syrians, as a totalitarian regime imposed by the Baath Party lasted for six decades, monopolising authority, taking away rights, and enabling tyrannical repressive rule that delivered the coup de grace to the state’s institutions, and emptied the constitution of its meaning, and turned the law into a tool for repression and subjugation. Those decades were a black, dark era. And so the people rose up demanding their freedom and the recovery of their dignity, but they were subjected to systematic killing at the hands of the Assadist gang, total destruction, barbaric torture, forced displacement and tyrannical siege, and direct targeting of civilians, in addition to destroying homes above their residents, sometimes by means of barrel bombs, and on other occasions by means of chemical weapons. These crimes, which are considered war crimes, crimes against humanity and a crime of genocide, are considered a striking example of violation of human values and international norms.

But the Syrian people, in their steadfast faith, solid will and legendary steadfastness, did not surrender, but rather continued their great revolution that lasted for around 14 years. In this revolution the free people of Syria brought forth their blood and sacrifices, with which they swept away the legacy of tyranny, until a new dawn emerged, and the sun of liberation shined upon Damascus on 8 December 2024, announcing the end of the era of the criminal Assad regime and its supporters. Then this victory was officially announced at the Victory Conference, when the historical statement was issued, documenting the Syrian revolution’s victory and the people’s recovery of their decision-making and sovereignty over their land.

Today, the homeland has returned to its people, and they have returned to it to in order to build its pillars and protect its fronts. The historical responsibility has become marking the completion of the course of the struggle by fortifying this victory, implanting the foundations of justice, and ensuring that the catastrophe will not be repeated, and protecting the subsequent generations from any new tyranny. On the basis of this national obligation, and after intensive discussions held between the various components of the Syrian society, held in an atmosphere of freedom and constructive exchange of points of view regarding Syria’s future. These discussions were crowned with the holding of a national dialogue conference, whose outcomes were published on 25 February 2025, expressing the national accord regarding the biggest issues, foremost among them:

. Preserving Syria’s unity and integrity, in terms of land and people.

. Realising transitional justice and fairness towards the victims.

. Building a state of citizenship, freedom, dignity and rule of law.

. Organising the country’s affairs through the transitional stage in accordance with the principles of wise rule.

On the basis of the deeply implanted and authentic values through which the Syrian society is distinguished in its diversity and civilisational heritage, and on the basis of deeply rooted patriotic and humanitarian principles, and out of a desire to implant sound constitutional rule inspired by the spirit of the previous Syrian constitutions, in particular the 1950 constitution (the independence constitution), and implementing what was stipulated by the declaration of the victory of the Syrian revolution issued on 29 January 2025, which we consider a firm basis for this announcement, the president of the republic issues the following constitutional declaration, with its introduction being considered an indivisible part of it:

Part One: General Rulings

Article 1:

The Syrian Arab Republic is an independent state with complete sovereignty, and it is an indivisible geographic and political unit, and it is not allowed to forsake any part of it.

Article 2:

The state is founded to establish a political system based on the principle of separation of powers, ensuring freedom and dignity for the citizen.

Article 3:

1. The religion of the republic’s president is Islam, and Islamic jurisprudence is the main source for legislation.

2. Freedom of belief is guaranteed, and the state respects all heavenly religions, and guarantees the freedom of practice of all their rituals, provided this does not infringe on public order.

3. Personal affairs for religious sects are protected and guaranteed in accordance with the law.

Article 4:

Arabic is the state’s official language.

Article 5:

Damascus is the capital of the Syrian Arab Republic, and by law determines the state’s emblem and national anthem.

Article 6:

The Syrian flag is as follows:

The flag takes the form of a rectangle whose length is two thirds of its width.

It includes three rectangles, the top being green, the middle white, and the bottom black.

In the middle of the flag- the white part- are three red stars.

Article 7:

1. The state is committed to preserving the unity of Syrian land, and criminalises calls for division and separation, and demanding foreign intervention or seeking external help.

2. The state is committed to ensuring co-existence and societal stability, and protects civil peace, and bans forms of internal strife and division and stirring up of sentiments of chauvinism and incitement to violence.

3. The state guarantees the cultural diversity of Syrian society in all its components, and cultural and linguistic rights for all Syrians.

4. The state ensures it will fight against corruption.

Article 8:

1. The state seeks to coordinate with relevant states and actors in order to support reconstruction in Syria.

2. The state works to coordinate with relevant states and international NGOs in order to overcome obstacles to voluntary return of refugees, internally displaced people and all forcibly displaced people.

3. The state is committed to combating all types and forms of violent extremism, while respecting rights and freedoms.

Article 9:

1. The army is a national professional institution whose task is to protect the country and preserve its security, integrity and unity of its lands, in accordance with the rule of law and protecting of human rights.

2. The state alone is the party that establishes the army. No individual, commission, party or group is permitted to establish military or paramilitary formations, divisions or organisations, and arms are to be exclusively in the hands of the state.

Article 10

Citizens are equal before the law in rights and obligation, without discrimination in terms of ethnicity, religion, gender or lineage.

Article 11

1. The national economy strives to realise societal justice and comprehensive economic development, and increasing production and raising citizens’ living standard.

2. The national economy is based on the principle of fair free competition and prohibition on hoarding.

3. The state encourages investment and protects investors in an attractive legal environment.

Part Two: Rights and Freedoms

Article 12

1. The state protects human rights and basic freedoms, and guarantees citizen’s rights and freedoms.

2. All the rights and freedoms stipulated in international conventions, covenants and agreements for human rights that have been ratified by the Syrian Arab Republic are considered an indivisible part of this constitutional declaration.

Article 13

1. The state guarantees freedom of opinion, expression, information, publication and press.

2. The state protects the sanctity of private life, and any infringement on it is to be considered a crime punishable by law.

3. The citizen has freedom of movement, and it is not allowed to distance the citizen from his homeland or ban him from returning to it.

Article 14

1. The state protects the right of political participation and the formation of parties on patriotic bases, in accordance with a new constitution.

2. The state protects the work of associations and unions.

Article 15

The citizen has the right to work and the state guarantees the principle of sufficient opportunities among citizens.

Article 16

1. The right to private property is protected, and does not seize except for private benefit and providing just compensation in return.

2. Public ownership of wealth is guaranteed and all natural resources are public property and the state protects them, exploits them and invests in them for the interest of the society.

Article 17

1. Punishment is a personal matter, and there is no crime or punishment except by written stipulation.

2. The right to litigate, defend and pursue means of appeal is guaranteed by law, and it is forbidden to stipulate in laws that any administrative act or decision should be immune from judicial oversight.

3. The accused is innocent until his condemnation is proven by ratified judicial ruling.

Article 18

1. The state protects human dignity and sacrosanctity and prohibits forced disappearance and physical and psychological torture, and crimes of torture do not have limitations of statute.

2. With the except of a crime witnessed in flagrante, it is not allowed to detain any person, keep hold of him or restrict his freedom except by judicial decision.

Article 19

Residential areas are protected. It is not allowed to enter or inspect them except in circumstances stipulated in law.

Article 20

The family is the nucleus of society, and the state commits to protecting it.

Article 21

1. The state protects women’s societal position, and guarantees their dignity and role within the family and society, and guarantees their right to education and work.

2. The state guarantees social, economic and political rights for women, and protects them from all forms of repression, oppression and violence.

Article 22

The state works to protect children from exploitation and maltreatment, and guarantees their right to education and healthcare.

Article 23

The state guarantees rights and freedoms in this section. These rights are to be exercised in accordance with the law. It is allowed to subject the exercising of these rights to restrictions that constitute necessary measures for national security or the land’s integrity, or public safety, or protecting the public order and preventing crime, or to protect public health or public norms.

Part Three

The system of rule during the transitional

1. Legislative authority

Legislative authority is exercised by the People’s Council.

Article 24

1. The president of the republic is to form a supreme committee to choose th members of the People’s Council.

2. The supreme committee is to oversee the formation of electoral branch commissions, and these commissions are to elect two thirds of the members of the People’s Council.

3. The president of the republic appoints one third of the members of the People’s Council in order to guarantee fair representation and competency.

Article 25

1. It is not allowed to remove any member of the People’s Council except by agreement of two thirds of its members.

2. The member of the People’s Council enjoys parliamentary immunity.

Article 26

1. The People’s Council assumes legislative responsibility until a permanent constitution is adopted, and new legislative elections are held in accordance with it.

2. The term of the People’s Council is 30 months subject to renewal.

Article 27

The members of the People’s Council are to swear an oath before the president of the republic, and the form of the oath is to be as follows: “I swear by God Almighty to perform my duty with honesty and devotion.”

Article 28

The People’s Council is to elect a head, two deputies and a secretary general in its first meeting by secret ballot and per the principle of majority vote. The first session is to be headed by the eldest member until the election is complete.

Article 29

The People’s Council is to determine its internal system within a month from its first session.

Article 30

1. The People’s Council assumes responsibility for the following tasks:

a) Proposing and determining laws.

b) Modifying or cancelling previous laws.

c) Ratifying international treaties.

d) Determining the state’s public budget.

e) Determining general amnesty.

f) Accepting or rejecting the resignation of one of its members, or lifting immunity from the member in accordance with its internal system.

g) Convening sessions to hear the ministers.

h) The People’s Council adopts its decisions by majority.

2. Executive authority

Article 31

The president of the republic and the ministers are to exercise executive authority within the limits specified in this constitutional declaration.

Article 32

The president of the republic is the supreme commander of the army and the armed forces, and responsible for administering the affairs of the land and the unity and integrity of its lands, and overseeing the people’s interests.

Article 33

The president of the republic is to take the constitutional oath in front of the People’s Council, and it takes the following form:

“I swear by God Almighty to sincerely preserve the state’s sovereignty, the unity of the country, and the integrity of its territories and independence of its decision-making, and to defend it, and I pledge to respect the law and take care of the people’s interests. And I will strive with all honesty and trust to ensure a dignified life for them and achieve justice between them, and implant noble values and virtuous ethics.”

Article 34

The president of the republic is to name one or more deputies and is to define their responsibilities and remove them from their positions and accept their resignation. In the event the position of the presidency become vacant, the first deputy is to assume the competencies of the president of the republic.

Article 35

1. The president of the republic is to appoint the ministers and remove them from their positions and accept their resignation.

2. The ministers are to take an oath before the president of the republic, and it takes the following form: “I swear by God Almighty to perform my task with honesty and devotion.”

Article 36

The president of the republic is to issue executive and organisational notices and notices of control and orders and presidential decisions in accordance with the laws.

Article 37

The president of the republic represents the state, and is responsible for final signing of treaties with states and international NGOs.

Article 38

The president of the republic appoints the heads of diplomatic missions in foreign states and their removal. He also accepts the appointment of heads of foreign diplomatic missions in the Syrian Arab Republic.

Article 39

1. The president of the republic has the right to propose laws.

2. The president of the republic issues laws that are decided by the People’s Council, and he has the right to oppose them by a justified decision within a month of the date that the laws come to him from the council that is to review them, and the laws are not to be adopted after they are opposed, except by agreement of two thirds of the People’s Council. In this case, the president of the republic is to issue a ruling.

Article 40

The president of the republic has the right to grant special amnesty and reconsideration.

Article 41

1. The president of the republic is to announce general mobilisation and war after the agreement of the national security council.

2. If critical danger and a situation threatening national unity, integrity and independence of the homeland or obstructing the state’s institutions from undertaking their constitutional tasks arises, the president of the republic has the right to announce a partial or total state of emergency for a maximum period of three months in a statement to the people after the national security council agrees and the head of the People’s Council and the head of the constitutional court are consulted. It is not to be extended for a second period except after the agreement of the People’s Council.

Article 42

The executive authority assumes responsibility for the following:

1. Implementing the adopted laws, plans and programs.

2 Administering the state’s affairs and implementing the general policies that realise security and development.

3. Preparing the president’s projects of laws in order to put them to the People’s Council.

4. Preparing the state’s general plans.

5. Administering the state’s public revenues and ensuring they are used actively and transparently.

6. Rebuilding the public institutions and enforcing the rule of law and good governance.

7. Building the security institution to ensure the strengthening of internal security and stability and protecting the citizens’ rights and freedoms.

8. Building a professional national army whose task is to defend the country’s borders and sovereignty, and protecting the people with all patriotism and sincerity, while being completing committed to respecting the valid laws.

9. Strengthening international relations and cooperation with international NGOs in order to realise national interests.

3. Judicial authority:

Article 43

1. The judicial authority is independent, and only the law has authority over judges.

2. The supreme judicial council ensures the proper functioning of the judiciary and respect for its independence.

Article 44:

Courts are to be established and their responsibilities are to be defined by law. It is forbidden to establish exceptional courts.

Article 45

1. The judicial system is dual and consists of ordinary judiciary and administrative judiciary.

2. The supreme judicial council oversees the ordinary and military judiciary.

3. The state council is responsible for the administrative judiciary, and it is an independent judicial and advisory commission. The law makes clear its responsibilities and the conditions for appointing its judges and its competencies.

Article 46

Administration of the state’s cases comes under the justice ministry, and its responsibility is to be set out by law.

Article 47

1. The existing supreme constitutional court is to be dissolved and a new supreme constitutional court is to be established.

2. The supreme constitutional court is to consist of seven members named by the president of the republic: they are to be impartial and possess the relevant competency and expertise. The mechanism of their work and their responsibilities are to be set out by law.

Section Four: Final rulings

Article 48

The state is to lay the appropriate ground for realising transitional justice through:

1. Cancelling all emergency laws that harmed the Syrian people and conflict with human rights.

2. Cancelling the outcomes of tyrannical rulings issued by the terrorism court that was used to suppress the Syrian people. This includes return of confiscated property.

3. Cancelling the emergency security procedures connected with civil and real estate documents, which were used by the bygone regime to suppress the Syrian people.

Article 49

1. A commission for achieving transitional justice is to be established. It is to adopt active consultation measures focused on the victims, in order to define means of accountability, and the right to know the truth, and to be impartial to the victims and survivors, in addition to honouring the martyrs.

2. War crimes, crimes against humanity, the crime of genocide and all the crimes committed by the bygone regime are to be exempted from the principle of non-retroactivity of laws.

3. The state is to criminalise glorification of the bygone Assad regime and its symbols, and denial of its crimes, praising them, justifying them or minimising them are to be considered crimes punishable by law.

Article 50

The constitutional declaration can be modified by the agreement of two thirds of the People’s Council, in accordance with the suggestion of the president of the republic.

Article 51

Laws in effect are to continue to be implemented provided they are not modified or cancelled.

Article 52

The length of the transitional period is to be set at five Gregorian years beginning from the date that this constitutional declaration goes into effect. It will end once a permanent constitution for the country is set and elections are organised in accordance with it.

Article 53

This announcement is to be published in the official gazette, and it is to be implemented from the date of its publication.

President of the Syrian Arab Republic

Ahmad al-Sharaa

13 Ramadan 1446 AH/13 March 2025 CE