The Syrian Network for Human Rights (SNHR) has published a paper offering a critical reading of the Syrian constitutional declaration, which the transitional president Ahmad al-Sharaa received and signed on March 13.
The paper examined the context of its drafting, content, and institutional structure, highlighting shortcomings as well as opportunities to make it a more inclusive and participatory transitional framework that balances the demands of stability with principles of good governance.
The collapse of Bashar al-Assad’s regime in December 2024 created a dangerous constitutional and institutional vacuum, prompting the new authorities to issue the constitutional declaration in March 2025. The document, composed of 53 articles, drew inspiration from the 1950 constitution and pledged to establish a state of citizenship, freedom, and rule of law, according to SNHR.
The organization acknowledged that the declaration helped avoid chaos and provided a framework for managing the transition by combining positive elements, such as codifying human rights, with troubling aspects, notably the concentration of powers in the executive branch and the lack of participatory foundations.
Given its temporary nature and the possibility of amendment under Article 50, SNHR sees a realistic opportunity to reform the declaration and make it the basis for an effective democratic transition.
Executive Dominance and Structural Flaws
According to the organization, the practical application of the declaration revealed executive dominance and structural flaws, including:
Technocratic reduction of politics: The declaration was prepared by a small, presidentially appointed committee without broad national dialogue or real societal participation.
Lack of political and social representation: Members were selected based solely on legal and technical criteria, neglecting balance, fairness, and diversity.
As a result, the declaration was presented as a technical project stripped of the national, participatory character usually expected in constitution-making processes.
SNHR also identified fundamental defects:
Judicial subordination: Article 47 grants the president sole authority to appoint judges of the Supreme Constitutional Court, while maintaining broad powers for the Ministry of Justice, undermining judicial independence.
A symbolic parliament: Article 24 allows the president to appoint one-third of parliamentarians directly and select the committee that chooses the remaining two-thirds, ensuring the legislature’s dependence on the executive. Article 30 reduces parliament’s role to “asking questions of ministers,” disabling its oversight and legislative functions.
Expansive executive powers: Article 50 gives the president exclusive authority to amend the constitution. Article 41 allows the president to declare war and emergencies through a council he himself appoints, while Article 37 grants him final approval of international treaties even after parliamentary ratification.
Restricted Rights
The paper described rights and freedoms in the declaration as “between codification and restriction”:
Article 12’s incorporation of international human rights treaties is positive. However, Article 23 permits restricting rights under vague justifications such as “national security” and “public safety,” without precise criteria or effective judicial oversight, opening the door to arbitrary interpretation.
Fundamental democratic principles such as “popular sovereignty” and the very term “democracy” are absent, along with core rights like freedom of assembly, peaceful protest, striking, forming independent unions, access to information, and meaningful political participation.
There are no mechanisms for genuine popular participation in drafting a permanent constitution—such as civic education, public consultations, or referenda—undermining the procedural legitimacy of the transition.
Reform Roadmap
In its paper, SNHR proposed a roadmap for reforming the declaration through structural amendments that would enable a viable transition:
Supreme Constitutional Court
Replace the presidential appointment of all judges (Article 47) with an independent nomination committee composed of representatives from the Higher Judicial Council, parliament, the Bar Association, law faculties, and civil society.
Establish transparent procedures, with parliament electing judges by a two-thirds majority and staggered nine-year terms to ensure continuity.
Parliament
Adopt a tripartite representation mechanism (geographic, functional, civil society) during a three-year transitional period before general elections.
Expand powers to include investigative committees, no-confidence votes against ministers, approval of senior appointments, and meaningful oversight of emergency declarations.
Article 23 Amendment
The current article imposes broad restrictions on rights and freedoms based on vague justifications. The proposed wording is: “No restrictions may be imposed on the rights and freedoms set forth in this Declaration except by law, and only when strictly necessary in a democratic society to protect national security from genuine threats of violence or force, to safeguard public safety in cases of clear and imminent danger, or to ensure respect for the rights and freedoms of others. Such restrictions must be proportionate to their intended purpose, non-discriminatory, and always subject to judicial review, without undermining the essence of the right or freedom.”Additional Democratic Measures
Recognize freedom of assembly and peaceful protest without prior authorization, with only notification requirements and a prohibition on using force against peaceful gatherings.
Enshrine the right to access information held by public authorities, with narrowly defined exceptions, and mandate proactive publication of information of public importance.
Guarantee political participation through free and fair elections, equal opportunity in public office, and either direct participation or via elected representatives.
Establish a constituent assembly with defined powers and a clear timetable to draft the permanent constitution, dispelling ambiguity and ensuring a democratic transition.
SNHR recommended gradual implementation of reforms, beginning with guarantees for rights, freedoms, and judicial independence, followed by legislative reforms as security improves, and culminating in comprehensive general elections.
Exceptional measures should be strictly time-limited and renewable only by broad parliamentary approval. SNHR also urged international technical support through an independent constitutional office to strengthen national institutions’ capacity to pursue a democratic path while preserving flexibility to respond to political and social shifts without compromising democratic principles.
Separation of Powers
Abdul Hamid al-Awak, spokesperson for the drafting committee, said on March 13 that the committee chose a political system based on full separation of powers.
He explained during a press conference that the proposed system in the draft constitutional declaration aims to facilitate the management of the transitional period.
General points
According to state media (SANA), the draft grants parliament full legislative authority, while executive power lies with the president. The transitional phase is set at five years, during which the president may declare a state of emergency.
The declaration affirms the importance of judicial independence and stipulates that the dismissal or limitation of presidential powers falls under parliamentary authority. It also guarantees property rights, women’s right to education and work, political participation, and freedom of opinion, expression, media, and press.
The declaration further affirms the state’s commitment to territorial unity, respect for cultural specificities, and a dedicated section on rights and freedoms to balance social security with liberty.
Syrian Network for Human Rights Criticizes Constitutional Declaration, Proposes “Reform Roadmap” Enab Baladi.
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