Rights group raises concerns over executive power in Syria transitional constitution News
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Rights group raises concerns over executive power in Syria transitional constitution

Human Rights Watch (HRW) raised concerns on Tuesday regarding Syria’s newly ratified constitutional declaration, intended to regulate the nation’s traditional phase. This human rights organization warned that the new constitutional structure perilously concentrates authority in the executive branch, which could threaten the judiciary’s independence and undermine the democratic ideals that many Syrians have persistently championed.

At the heart of HRW’s concerns is the significant power granted to the transitional leader, Ahmed al-Sharaa, who assumed office after the ousting of Bashar al-Assad. The constitutional declaration empowers the president to select all seven judges of the Higher Constitutional Court, an essential body responsible for ensuring that legislation adheres to constitutional standards. This presidential authority over judicial appointments diminishes judicial independence, which is critical for overseeing executive power and protecting human rights. Middle East director at HRW Adam Coogle said, “Without stronger safeguards and independent oversight, this declaration risks consolidating executive control at the expense of fundamental freedoms”. 

Moreover, the transitional president wields significant legislative power, directly appointing one-third of the parliament members, while the remaining two-thirds are selected by a committee he designates. This system considerably undermines parliamentary independence, reducing the legislature’s role to one that is largely influenced by executive preferences. This concentration of executive power mirrors historical authoritarian trends, raising concerns that Syria might struggle to achieve genuine democratic change.

HRW acknowledges that the declaration includes commendable elements, such as the repeal of extraordinary laws imposed during Assad’s rule, the reversal of unjust terrorism-related sentences, the return of seized assets, and the establishment of transitional justice frameworks aimed at addressing past wrongdoings. However, these reforms could be compromised without strong independent oversight. In the absence of a separation of powers and an impartial judiciary, commitments to accountability and the protection of human rights may remain unfulfilled.

Another significant issue is the prominent role given to Islamic law in Syria’s new constitutional structure. Critics, particularly the Kurdish-led Syrian Democratic Council, have vehemently criticized this declaration, arguing that it “failed to impartially represent social components and political entities”. The Council warns that this could exacerbate sectarian divides, leading to increased societal tensions and further marginalizing minority groups.

UN Special Envoy for Syria Geir Pedersen said the Syrian government “want to start to work on a new constitution”. Pedersen recognized the importance of the future constitutional committee to be representative of all Syrians. Syria is still facing a fragile moment. Recent mass killings sparked international concerns and calls for accountability both by the UN and human rights groups. 

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