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Syria .. the most prominent articles of the constitutional declaration and the features of the transitional phase

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On Thursday, the Syrian President, Ahmed Al -Shara, signed the draft constitutional declaration, praising what he described as a “new history” in the country.

The constitutional declaration consists of four chapters, which are general provisions, rights and freedoms, the system of government during the transitional period, the final rulings.

The most prominent general provisions:

– The Syrian Arab Republic is a completely sovereign state, which is an integral geographical and political unit, and no part of it may be abandoned.

– The state is established to establish a political system based on the principle of separation of powers and guarantees freedom and dignity for the citizen.

The religion of the President of the Republic, Islam, and Islamic jurisprudence is the main source of legislation.

– Freedom of belief is reserved, and the state respects all the heavenly religions and ensures the freedom to carry out all its rituals, provided that this is not prejudiced by public order.

– The personal status of religious sects is escalated and subjected in accordance with the law.

The Arabic language is the official language of the state.

– The state is committed to preserving the unity of the Syrian land, criminalizing the calls for division and separation, and requesting foreign interference or lowering abroad.

– The state is committed to achieving social coexistence and stability, preserving civil peace, preventing forms of sedition, division, stirring up and inciting violence.

The state guarantees the cultural diversity of the Syrian society with all its components.

It is the state alone that creates the army. It is prohibited for any individual, body, party or group to establish formations, teams, or paramilitary organizations, and the weapon is limited to the state.

Citizens are equal before the law in rights and duties.

The most prominent laws of rights and freedoms:

– All the rights and freedoms stipulated in the international human rights treaties, covenants and agreements, which have been ratified by the Syrian Arab Republic as an inseparable part of this constitutional declaration.

The state guarantees freedom of opinion, expression, media, publishing and press.

The state preserves the sanctity of private life, and every attack on it is a crime punishable by law.

– The citizen has freedom of movement, and the citizen may not be removed from his homeland or prevented him from returning to him.

The state preserves the right to political participation and forming parties on national foundations, according to a new law.

The state guarantees the work of associations and unions.

– The state preserves the social status of women, preserves its dignity and role within the family and society, and ensures its right to education and work.

The state guarantees the social, economic and political rights of women, and protects them from all forms of oppression, injustice and violence.

The most prominent articles of the system of government during the transitional phase:

– The Legislative Authority exercises the People’s Assembly.

– The President of the Republic is a higher committee to choose members of the People’s Assembly.

– The Supreme Committee supervises the formation of voter sub -bodies, and these bodies elect two thirds of the People’s Assembly.

The President of the Republic appoints a third of the People’s Assembly to ensure fair and efficient representation.

– It is not permissible to isolate a member of the People’s Assembly except with the approval of two -thirds of its members.

– The People’s Assembly takes the legislative authority until the adoption of a permanent constitution, and to hold new legislative elections according to it.

The duration of the People’s Assembly is thirty months.

– The President of the Republic and the ministers exercise the executive authority within the limits stipulated in this constitutional declaration.

– The President of the Republic is the Supreme Commander of the Army and the Armed Forces, and is responsible for managing the affairs of the country, its territorial integrity and safety, and the care of the interests of the people.

– The President of the Republic shall nominate one or more deputies, determines their competencies, exempts them from their positions, and accepts their resignation.

– The President of the Republic appoints, relieves them from their positions, and accepts their resignation.

– The President of the Republic has the right to propose laws. The President of the Republic issues the laws approved by the People’s Assembly and has an objection to them by a reasoned decision within a month from the date of their receipt from the council, which is reviewed, and the laws are not approved yet – the objection is only with the approval of two -thirds of the People’s Assembly, and in this case the President of the Republic issues it as a ruling.

– The President of the Republic may give the special pardon and restore consideration.

– The President of the Republic announces public mobilization and war after the approval of the National Security Council.

– If a grave danger is established and a state that threatens national unity or the safety and independence of the homeland, or state state institutions from directing their constitutional duties, the President of the Republic will announce partial or completely a state of emergency for a maximum period of three months in – a statement to the people after the approval of the National Security Council and the advice of the Speaker of the People’s Assembly and the President of the Constitutional Court and does not extend for a second time until after the approval of the People’s Assembly.

– The judiciary is independent, and there is no authority over the judges except for the law.

– The Supreme Constitutional Court dissolves the existing and establishes a new supreme constitutional court.

The Supreme Constitutional Court consists of seven members, whom the President of the Republic calls them with integrity, competence and experience. The mechanism of its work and its jurisdiction is organized by law.

The most prominent final provisions:

– The appropriate land state paves the way for achieving transitional justice by: canceling all exceptional laws that have damaged the Syrian people and contradicts human rights. Canceling the effects of the unfair rulings issued by the Terrorist Court, which was used to suppress the Syrian people, including the response of the confiscated property. Removing the exceptional security measures related to civil and real estate documents, which were used by the defunct regime to suppress the Syrian people.

– A transitional justice body that adopts an effective consultative mechanisms based on victims, to determine the means of accountability, the right to know the truth, fairness to the victims and survivors, in addition to honoring the martyrs.

– The state criminalizes the glorification of the defunct Assad regime and its symbols, and is the denial of its crimes, the praise, or justification of it, crimes punishable by law.

– The constitutional declaration is amended with the approval of two -thirds of the People’s Assembly based on the proposal of the President of the Republic. The period of the transitional phase is set by five Gregorian years starting from the date of the entry into force of this constitutional declaration. It ends after the approval of a permanent constitution – for the country and the organization of elections according to it.

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