An overview of the history of Syria:
World War I officially ended on November 11, 1918, ending Ottoman rule throughout the region as Syria, and begin a new phase of colonialism. Britain entrusted Major General Ali Reza Pasha al-Rikabi, a Turkish army commander until 1914 and a native of Damascus, to be a military governor of the inland cities (Damascus and Aleppo). Al-Rikabi was thus the first Prime Minister, and his ministry remained in power until March 1, 1920, when it was handed over to Prince Faisal bin Hussein, between September 1918 and July 1920. The prince declared himself King of Syria and established the Syrian Kingdom through the General Syrian Congress, which drafted a federal constitution for the Kingdom. However, under the agreements signed by the Allies, the unrecognized Syrian Kingdom was abolished, and new plans and maps were drawn up to be shared between France and Britain. Syria was placed under the rule of the French mandate, which at that time decided to form several states based on national, religious and regional specificities: the State of Lebanon, the Druze State, the Alawite State, the State of Damascus, the State of Aleppo, and the autonomous region of Iskenderun. It is worth noting that the population of Syria at that time was approximately 1,200,000 people, and that was at the end of 1920.
To include the Euphrates Basin and the Jazira/Eastern of the Euphrates—as an area outside the new map at the time—into the mandate area agreed upon with the British, General Gourau formed a Kurdish force (the agreement was signed on December 31, 1920) from the remnants of the Hamidiye Brigades, which had been under the command of the Milliyin, a branch of the Anza tribe (led by its sheikh, Majhim), and a Syriac company. This joint force was able to include the Euphrates Basin into the mandate area of the Aleppo State. At the same time, France entered into negotiations with Turkey, and gave up some areas (Kilis, Gaziantep, and Urfa) to it in exchange for a ceasefire agreement on March 11, 1921. The two parties reached a border demarcation agreement on October 20, 1921. This was the first border agreement between “French” Syria and Turkey. After Gourau left and Maxime Vigand took over the High Commission, in 1922 the Federation of Syrian States was formed from the states of Aleppo, Damascus, and the Alawite Mountains. There was considerable disagreement regarding the determination of the federal capital, and finally it was agreed that it would alternate between Aleppo and Damascus. On December 5, 1924, the Syrian Federation was abolished and the “Syrian State” was established from the states of Aleppo and Damascus, effective from the first day of 1925. Thus, the territory of the former State of Aleppo was transferred to the Syrian State, while the Alawite State, the Druze State, and the Sanjak of Alexandretta remained outside the territory of this state.
Since 1924, the Kurds had been demanding the establishment of a Kurdish state similar to that established in other Syrian regions. However, Turkey was pressuring the French to prevent them from granting any national rights to the Kurds, causing problems with the constant modification of borders. It is worth noting that Turkey did not abide by the ceasefire despite signing the Treaty of Friendship and Good Neighborliness on June 22, 1926. It is also worth noting that the Duckbill region, as it was called in French documents (the entire east of the Euphrates up to Derik), was administered by the Kurdish, Syriac, and Arab components until the border agreement signed in 1929.
The process of determine the Syrian-Turkish borders continued until 1933. In 1937, an alliance was formed between the Kurds, the Syriacs, and some Arab leaders, and demands were made for self-rule and then for a state, similar to the rest of the states that formed Syria, namely: the State of Aleppo, the State of Damascus, the Alawite State, the State of Jabal al-Druze, the Sanjak of Alexandretta, the region east of the Euphrates and parts of its west. When the central authorities refused, this was met with disobedience that led to its suppression by using French warplanes on Amuda in 1937.
Anti-French Mandate events continued, and during World War II, Syria was within the Allied sphere of influence. In 1943, elections were held, resulting in Shukri al-Quwatli becoming president of the country. After the end of World War II, the Independence Uprising erupted, leading to Syria gaining full independence in 1946. This uprising combined the efforts of all Syrian components, despite its recent establishment according to the geography that remains to this day. Syria then entered into a series of coups that began in 1949 and lasted until 1970.
Constitutions of Syria:
– On June 19, 1919, the Syrian General Congress held its first session, electing Muhammad Fawzi Pasha al-Azm as its president. After his withdrawal, Hashim al-Atassi became president. On March 8, 1920, the Congress declared the “independence of Syria” and the establishment of the Arab Kingdom of Syria, without coordination with the Allies. Faisal I was appointed its king. However, this entity did not receive any international recognition. Despite this, the Congress formed a special committee headed by Hashim al-Atassi to draft the kingdom’s constitution. The constitution consisted of twelve chapters and 147 articles, the most important of which stated that Syria was “a civil parliamentary monarchy, with Damascus as its capital and Islam as its religion.” The constitution also stipulated that the country would be administered on a decentralized basis, and that each province would have its own parliament, government, and governor appointed by the king. No one would interfere in its administration and internal affairs, except in general matters that fell within the purview of the central government.
– On July 28, 1922, the “Basic Law of the Syrian Federation” was declared as the federal constitution for the provinces/states of Damascus, Aleppo, and the Alawites. The law also stipulated the establishment of the “Federal Council” to be the highest legislative authority in the country. It is composed, according to the law, of 15 members, five from each of the three provinces, and has the authority to elect the president of the federation for a period of one year. The president of the federation may not take any decision without the approval of the council. The proposals of the three federal local governments are submitted to it for review and approval. The Federal Council also has the right to establish some laws such as penalties, personal status, and to approve the state’s general budget.
– On February 14, 1928, Sheikh Taj al-Din al-Hasani was appointed to head the state, calling for elections for a Constituent Assembly that took place later in April 1928. The Constituent Assembly held its first meeting on May 9, 1928, at the Government House, and unanimously elected Hashim al-Atassi as its president, and Fawzi al-Ghazi and Fathallah Asyoun as vice presidents. Two main lists participated in the elections: the Free Nationalists List and the Moderates List loyal to the Mandate. It consisted of 68 elected members representing the states of Damascus and Aleppo, excluding the Druze and Alawite states. The Assembly elected a Constitutional Drafting Committee on June 9, headed by Ibrahim Hanano. The committee held fifteen sessions during which the constitution was completed on August 11, when it was voted on and approved by the Assembly. This constitution affirmed the separation of powers, and considered Syria to be “a parliamentary republic, with Damascus as its capital, and the religion of its president as Islam,” and that “the Syrian country, separated from the Ottoman Empire, is an indivisible political unit.”
– In 1939, Atassi resigned and the constitution was suspended as a result of World War II until 1941, when the constitution was restored. However, no elections were held, and Taj al-Din al-Hasani was appointed president of the republic. Elections were held in 1943 and led to the victory of the National Bloc, and Shukri al-Quwatli’s accession to the presidency. In 1947, the constitution was amended, and it was amended again in 1948 to allow al-Quwatli to be elected for a second term immediately after his first term. On March 30, 1949, Husni al-Zaim turned against Shukri al-Quwatli and suspended the constitution. Sami al-Hinnawi quickly turned against him in August 1949, and elections were held for a constituent assembly to draft a new constitution for the country.
* Constitution of 1950:
The Constitution Drafting Committee, known as the “1950 Constitution,” was formed on December 28, 1949. It completed its work on April 15, 1950, and was officially approved on September 5 of the same year. The Assembly began discussing the draft during its summer session on July 22. The draft consisted of 177 articles. During the discussions, 11 articles were dropped (which we have not yet been able to identify, although there are confirmations that they relate to decentralization and local governments). The constitution emerged in its final form, consisting of 166 articles. It stipulated that the religion of the head of state is Islam, and that Arabic is the official language of the country. In other words, through this and other approaches, it violated the principle of citizenship and sought to establish cultural and linguistic centralization. Although it apparently maintained the parliamentary nature of government, limited the powers of the President of the Republic, and stripped him of the right to veto laws and decrees by giving him only ten days to sign them, it maintained his authority to ratify international +treaties, appoint diplomatic missions abroad, accept foreign missions, grant special pardons, represent the state, call the Council of Ministers to convene under his presidency, and address speeches to the Syrians .
The constitution also increased the powers of parliament by enabling it to prevent the transfer of its legislative powers to the government, even temporarily. It also required the government to resign at the beginning of each legislative session. It also strengthened the authority of the judiciary by establishing the Supreme Constitutional Court. The articles on public rights in the 1950 Constitution were expanded and preserved, reaching 28 articles that deal exclusively with rights and freedoms.
The constitution was suspended first during the reign of Adib al-Shishakli, and a second time between 1958 and 1961 during the period in which Syria was part of the (United Arab Republic). It was replaced by a temporary constitution drawn up by the president of the United Arab Republic, Gamal Abdel Nasser. After the separation from the republic, the aforementioned constitution was reinstated after making notable amendments, including changing the official name of the republic from the Syrian Republic to the Syrian Arab Republic, after subjecting it to a formal referendum and its adoption until 1963, when the Baath Party overthrew the existing constitutional system.
– The first decisions of the (Revolutionary Command Council), headed by Louay al-Atassi, were to suspend the constitution, arrest President Nazim al-Qudsi and Prime Minister Khaled al-Azm, and impose a state of emergency that lasted for 48 years, only to be officially lifted in April 2011. In 1964, the Council issued a provisional constitution for the country, then issued another constitution on May 1, 1969. The last provisional constitution was issued after Hafez al-Assad came to power on December 9, 1971, and remained in effect until 1973. Later, a committee was formed, headed by Muhammad Fadel, to draft a “permanent constitution for the country,” which was approved by (referendum) on March 12 and issued by the President of the Republic by presidential decree on March 13. Through this constitution, the Ba’ath Party ideology was imposed on the state, and several laws were issued during the Ba’ath regime that ended political life, including:
The Emergency Law of 1963 prohibits demonstrations and allows for arrest and eavesdropping, even though these rights were recognized in the 1950 Constitution as constitutional rights.
Revolution Protection Law issued by Legislative Decree N. 6 of 1965.
Military Trials Law N. 109 of 1968, which legislated the referral of civilians to military trials.
The Law Establishing State Security Courts, issued by Legislative Decree N. 47 of 1968.
Law N. 49 of 1980 prohibiting the execution of anyone affiliated with or affiliated with the Muslim Brotherhood, in light of the events of the 1980.
* Constitution of 2012:
On October 15, 2011, Bashar al-Assad issued Republican Decree No. 33, establishing a committee to rewrite the constitution, headed by Mazhar al-Anbari, the author of the 1973 constitution itself. The committee will consist of 29 members, limited to representatives of the National Progressive Front parties, independents, and legal experts. The committee’s work will be limited to four months.
On February 15, 2012, the committee submitted the draft to Bashar al-Assad, who issued a decree inviting the electoral bodies to a referendum on the draft on February 26. According to the Syrian Ministry of Interior, 57% of voters participated in the referendum, and 89.4% supported it. The following day, February 27, Decree 94 was issued, adopting the new constitution, which maintained most of the provisions and articles of the previous constitution.
* The social contract for the democratic autonomous administration in northern and eastern Syria:
On April 28, 2013, the Movement for a Democratic Society (TEV DEM) called for a meeting attended by 48 academics from the regions of Rojava and northern Syria. The meeting aimed to develop a social contract for the democratic autonomous administration. Three committees were formed at the time: the Social Contract Drafting Committee, the Follow-up Committee, and the Media Committee (I had the honor of being a member of the drafting committee at that time and in subsequent period). The drafting committee completed writing the social contract on July 24, 2013, after holding 31 meetings, each lasting five hours. Amendments were made to the social contract related to the nature of events and the liberation of cities from terrorism and tyranny. On July 16, 2021, 158 academic, political, women’s, youth, and community figures from all components of northern and eastern Syria from the seven cantons (Al-Jazeera, Al-Furat, Afrin, Manbij, Al-Tabqa, Raqqa, and Deir- Ezzor) met in the Sardam Hall in the city of Hasakah. This expanded committee, comprising 25 members, was tasked with rewriting the social contract in line with field and political developments in the autonomous administration areas and the region as a whole. Five members who are currently in the Social Contract Bureau were also assigned. The subcommittee held 27 meetings over 19 months and, within two days, completed a draft of the new social contract on February 22, 2023. The expanded committee presented and shared this draft, during more than 80 meetings, throughout the autonomous administration areas and with Syrian, Arab, and foreign experts. The subcommittee met with members of the General Council of the autonomous administration on December 6, 7, 8, and 9, 2023. On December 12, 2023, the social contract currently in effect was ratified. It consists of a preamble and 134 articles, divided into four chapters and ten sections.
Syrian political history and the political transformations that Syria has witnessed:
Based on a major importance no less than the importance of research, and then developing appropriate visions to correct the Syrian direction from the point of view of the entire region; by extracting the results that the Syrian reality has reflected since the founding of modern Syria:
When researching the history of the Middle East, it must be known that the maps of the twentieth century were design-driven and deviated from the reality of the region. Despite Europe relied on the mechanism of transformation when it moved from the religious state to the nation-state, it completely failed in what it once sought and declared with a general defeat (peace after peace at the end of World War I). Whoever emerges from all wars loses. There are no one victors in wars, but all defeated. The difference is that Europe exported, from the opposite extreme, the religious state, repeated it, and implemented it in the nation-state. This alone is credited to its credit, unlike the nation-state in the Middle East that was imposed on it. The current Syrian situation confirms that the collapse of the Syrian regime within a short period – from November 27 until the moment of its fall on December 8, 2024; In less than two weeks, it is the realization of a declared design idea, namely that the centralized nation-state imposed on the Middle East was initially destroyed by the execution of Saddam Hussein on December 30, 2006. The collapse and fall of the Syrian Ba’ath regime at the end of last year should be considered the end of the centralized nation-state imposed by the hegemonic system in the region. It can also be said that the Ba’ath regime and its ideology played a destructive functional role in the region, while simultaneously paving the way for the emergence of cultural phenomena alien to the entire region, such as political Islam and extremist organizations such as ISIS and Jabhat al-Nusra, and those linked to al-Qaeda. Finally, the role of fascist parties—in the case of the Ba’ath—and their fate rests in the hands of their operators when transitioning to a new page that is only compatible with the continuation of the hegemonic system; this is the case in Syria during the Ba’ath era, which has spanned more than six decades. Syria’s contemporary history confirms this and reinforces the need for any regime given the opportunity to resolve the crisis to avoid repeating the mistakes made. Any attempt to lead Syria toward a single color and pattern, whether national or religious, will not only fail, but will also lead Syria toward division and fragmentation. To prevent division, and to prevent knives from being brought in to cut Syria apart, the constants of survival and the foundations of Syrian permanence must be emphasized through a constitutional declaration and fortified constitutional articles through which Syria’s contract and democratic constitution are written. What should this contract look like at this historical stage?
Syria’s social contract in its democratic constitution:
Total Syrian Impasses and Deadlock in the Syrian Situation, despite the collapse of the Baath regime and its fall on December 8, 2024, confirms that the Syrian constitution must aim to:
Achieving national identity through achieving peaceful and friendly coexistence with other peoples, Supporting and activating civil society institutions, and building a system of law and democracy that secures the priority of laws as they represent the will of the people., And providing a decent standard of living for citizens in the areas of politics, economy and fair society, far from the concepts of the nationalist, military and religious state, and eliminating all forms of discrimination based on race, religion, creed, sect or gender, and puberty by weaving politician And moral in the society Syrian to their job the actress with mutual understanding and coexistence within pluralism, promote and expand the right to participate, and commitment with principles Sharia International for human rights and all relevant agreements and charters, and respect for the principle of the right of peoples to self-determination, guaranteeing the rights of women and children, ensuring self-protection and legitimate defense, and respecting freedom of religion and belief.
Basic principles of the Syrian Constitution:
The Syrian National Pact, founded on the principles of building a new Syria, must include a set of fundamental constitutional principles and immutable provisions that cannot be amended or repealed. These principles shall be adopted and enshrined in a new Syrian constitution that reflects the country’s national, ethnic, and religious diversity, as well as its rich cultural plurality.
1- The people are the source of legislation and the source of all powers.
2- Syria is a united, democratic republic with a mixed presidential-parliamentary system. It has sovereignty and legal personality. No part of its territory may be relinquished. Its system is based on the purposes and objectives of UN Resolution 2254 (2015).
3- The President of Syria is a Syrian citizen. The presidency is not determined by national or religious affiliation; this is a fundamental indicator of the state’s neutrality toward Syria’s religions, ethnicities, beliefs, and cultures.
4- The Syrian state is established by working in accordance with the Charter of the United Nations, the principles of international legitimacy for human rights, international charters and treaties, and the rules of international law. It must ensure that all laws are consistent with these charters and treaties, and no legislation or law may be issued that violates them.
5- Syria is a diverse country, ethnically, religiously, and sectarianly, that upholds democratic political decentralization, and this diversity is also its standard. The Autonomous Administration of North and East Syria is a prime example of this and an effective model of this decentralization.
6- Sovereignty belongs to the people, and no individual, group, or party may monopolize or claim it. Sovereignty is exercised by the people through democratic electoral methods, represented by a fair and transparent electoral law that adopts proportional representation in addition to consensus, and the electoral district system, along with decentralization and the separation of powers.
7- The capital of the country is Damascus.
8- The Syrian people are made up of nationalities and cultures, whose languages have the right to be primary wherever they are located.
9- The Kurdish issue in Syria is a national and democratic cause, and a just and democratic solution must be found based on constitutional recognition of the legitimate national rights of the Kurdish people, in accordance with international covenants and conventions. All forms of injustice must be lifted, all discriminatory policies and their consequences must be abolished, and those affected must be compensated within the framework of Syria’s unity and sovereignty.
10- Constitutional recognition of the existence and national identity of the Assyrian Syriac people, and the designation of the Syriac language as a national language.
11- Empowering women politically, culturally, economically and socially, increasing and enhancing women’s participation in decision-making processes, and enabling them to participate in work in the areas of legitimate defense and security.
12- Men and women are equal in rights and duties, and all Syrian citizens have the same rights and duties without any discrimination.
13- Combating Takfiri terrorist groups of all kinds, and drying up their financial, material and moral resources.
14- The Eastern cultures of Islam, Christianity, Druze, and Yazidi are considered a common heritage in the Syrian homeland for all its components. This is affirmed in the new constitution, which guarantees their specificity as religions.
15- Considering youth as an effective force in society, and working to ensure their qualitative representation in the desired democratic system.
16- Guaranteeing the rights of people with special needs, especially victims of the devastating war that Syria has been experiencing since 2011.
17- Protecting children and developing creative projects to save children of the years of violence from the consequences of displacement, militarization, and illiteracy.
18- The existence of independent and impartial judicial bodies that enjoy unrestricted freedom in their work, and are granted judicial and constitutional immunity to protect them from external factors that may affect their work and constitutional oversight function.
19- The economy in the Syrian Republic is a participatory economy that tends towards a community market, achieves social justice, and is founded with the aim of achieving self-sufficiency.
20- Preserving the environment and protecting it from sources of pollution and resource depletion, and working to improve it and ensure its sustainability, in order to preserve the rights of future generations.
In the proposal to limit the power of central tyranny, to share powers, and general concepts of the powers of the center and the Syrian autonomous administrations and the powers shared between them.
First: Powers of the central government:
– Nationality affairs in all of Syria.
– The Syrian government’s foreign policy and the appointment of ambassadors, consuls, and diplomatic missions of the state.
– Signing international treaties, provided that they do not conflict with the rights of the Democratic Autonomous Administration of North and East Syria.
– Affairs of currency issuance, minting, measures, weights, and timing.
– The unity of trade zones, maritime navigation and trade treaties, freedom of movement of goods, and freedom of exchange of goods and payments with abroad.
– Preparing the general budget for Syria, and allocating a fair share of that budget to the Democratic Autonomous Administration of North and East Syria.
– Protecting Syria’s cultural heritage and ensuring the right to education in the mother tongues of the peoples of Syria.
– Land, sea and air transportation within Syria and abroad.
– Postal and telecommunications services within the country.
– Legal relations for workers in Syria and wprkers in Autonomous Administration bodies under public law.
– Honoring with medals and badges of national value
Second: Powers joint between the central government and Syrian Autonomous Administrations:
– Procedures for the formation of state authority bodies
-Formation of a joint command for the army and armed forces in Syria.
– Declaration of peace and war.
-Issuing laws and legislative decisions.
– Freedom of movement, passport affairs, registration affairs, personal identity and immigration affairs
-Regulating crossings and establishing a customs system for border crossings shall be regulated by law.
-Civil and criminal legislation, organization and specialization of courts.
-Activities of general assemblies and non-profit organizations
– Related to foreign affairs, residence, refugees and displaced persons.
-Education, health and sports.
Third: Exclusive validity for Democratic Autonomous Administrations:
-It establishes a social contract that defines the procedures for its formation, the structure of its powers, its authorities, and the mechanisms for exercising those powers, provided that it does not conflict with the Constitution.
– Establishes offices in embassies and diplomatic missions to follow up on cultural, social and development affairs.
-Issuing laws and legislative decrees, which are not considered the exclusive competence of the Center, not a joint competence between the Center and the Autonomous Administration
-Forming protection units that are part of the National Army institution, according to agreed-upon formulas and mechanisms, and establishing internal security forces that maintain and defend security and stability within the country.
-Managing natural resources within its administrative boundaries in coordination with the center and other departments
-Preparing and implementing economic and sustainable development plans based on self-sufficiency
-Prepare its own tax system, fiscal policy and credit, in a manner that does not conflict with the laws of the central government in this regard.
-Preparing and implementing cultural policy, and protecting heritage of local importance
-Honoring With medals and badges of local value.
Condensed summary and conclusion:
There are no minorities in Syria, nor a majority. Syria has a national majority and a stereotypical minority. If there is an insistence on the minority-majority narrative, then Syria, which consists of 38 national, religious, ethnic, and sectarian ties, can be said to be a country of minorities. This is what the past hundred years of modern Syrian history have stated.
The modern Syrian regime; its transitional government, its interim administration, and the current caretaker government, have so far only issued fake media statements and positions. However, they also demonstrate terrifying events that are inconsistent with Syria’s reality and the needs, diversity, and pluralism of Syrian society. The Ba’ath regime did not fall because it lost its popular base, but rather because its allies abandoned it. These are inconclusive matters; what is decisive is that the regime’s rapid downfall was a design idea. To prevent anyone from repeating the mistakes of previous centralized, minority, authoritarian regimes, a democratic constitution and legal provisions must be adhered to that guarantee Syrian coexistence. No one can overturn them later in a moment of tyranny, as was the case with the Syrian constitution of 1950.
As for the Syrian constitution, the new Syrian constitution, it will not be based primarily on a minor amendment to the Syrian constitution in the previous stage, which in turn came about under exceptional circumstances and does not express the will of the Syrian people If the Syrians are unable to achieve a constitution that is based on the Syrian social contract, this means that we are facing a re-production of the crisis, the consolidation of dependency and the repercussions of the crisis, leading to division and fragmentation Without it being understood that it is a difference in the name as much as it is an insistence on ending the dispute, and that it is a suitable opportunity within this chaos to complete the contract in a way that tends to bring about the new Syrian era; for through the consensual constitution, the legacy imposed on the Syrians for the past hundred years will be eliminated, the hateful legacy: the imposed constitution and the imposed identity within the imposed methods.
The Syrian social contract represents a disengagement or separation from the bonds of nationalism and religiousness. It is the most important issue in achieving belonging and realizing the Syrian democratic identity, and the modern state of citizenship, which is achieved through democratic projects through which Syria is secure and distanced from the paths of annihilation.
the resources:
- https://sl- ، المركز السوري للأبحاث والدراسات القانونية org/category/%D8%A7%D9%84%D8%AF%D8%B3%D8%A7%D8%AA%D9%8A%D8%B1-%D8%A7%D9%84%D8%B3%D9%88%D8%B1%D9%8A%D8%A9/
- كمال ديب- تاريخ سوريا المعاصر إلى صيف 2011. دار النهار – بيروت- 2011
3- A group of authors – The National Covenant in Three Years 1944-1945-1946. Damascus 1947.
