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Fuad Lahham :WHAT KIND OF SYRIAN CONSTITUTION DO WE NEED

 Fuad Lahham: all4syria

 

Last year, there was a big discussion among Syrian scholars and thinkers about the most suitable political system to be  adopted once the Syrian fighting is over.

Of course the foundation of any political system is the  constitution. Many suggested the adoption of the current constitution (2012).

However, this option was considered absolutely not acceptable because it has so many undemocratic articles (over 30) to be abolished or changed.

In my opinion, we should adopt temporarily the constitution of 1950with the following basic modifications:

  1. Definition of the State

Syria is a democratic republican state and is part of its Arab environment.

  1. Flag

The flag adopted by the Syrian revolution (with 3 stars) should be adopted as it represents the unity of the people, which was destroyed by the civil war. However, the parliament, which will be elected and which will draft the new constitution, has the right to adopt another flag.

  1. Religion of the head of state

Religion of the head of state is Islam unless the new parliament decides otherwise.

  1. Application of Islamic sharia

Islamic Fiqh is a primary source of legislation.

  1. Type of governance

Parliamentary governance and separation of the 3 centers of power (executive,judiciary,legislative)

  1. Armed forces

Their role is strictly to defend the borders of the state and protect the constitutional legitimacy.

  1. Political parties

Any social group has the right to form a political party to serve the county’s interests, provided it is not based on racial or religious principles and does not contradict the constitution.

  1. Rights of different sects

Each sect has the right to define his own legal code and submit it to the state for approval.

  1. Parliamentary elections

The voting unit should be the locality and the entire Mohafaza.

  1. Emergency laws

In case of war, the government can declare emergency law for only one month, and the parliament can decide either to extend it or to end it.

  1. Local administration

Localy elected representatives should govern all local affairs.

In order to have good governance in Syria we need honest patriotic and competent institutions whose goal is to manage the country’s economic and social resources for sustained development.

The processes of governing in Syria should be designed in such a way as to guarantee:

We do not have the luxury to draft a constitution from zero, we have no time to waste and there is no room for trial and error. We should look at what advanced and successful countries have done  (Singapore, Dubai, Malaysia, Poland, Sweden, South Africa)and customize their experience according to our needs.

Defence

We should organize small, technologically advanced, standing armed forces, plus the capacity to mobilize the entire civilian population (like in Switzerland) when needed. The citizens should do in-camp training for a few weeks each year and put into reserve.

The armed forces should be subordinate to the political leadership.

 

Security and intelligence services

These services should report to the Ministry of Interior.

They should strictly abide by all international standards with full respect for human rights.

Professional Associations

Every profession should have an association to:

The American professional associations (over 17,000) are a good example to follow.

Media

Free democratic countries do not have a government authority to control or direct the media.

There is no need for the proposed National Media Council.

Professional  NGO ‘s should have the task of developing strategies  for capacity building of media specialists including establishing an academy for media and journalism.

 

Special situation of Syria

Mending the social fabric is very important. The new constitution should incorporate practical measures to insure reconciliation between the different orientations (sects, religions, etc.). No revenge or hatred should be tolerated.

Special actions to rehabilitate the children who lost their parents (through education, treatment against traumas, etc.) should be a priority.

Special measures must be enacted to make sure the defence and security forces do not intimidate, blackmail, terrorize or control the population.

Civil service should be cleaned of all corruption.

What is the Process to achieve all the above?

The first step is to make a Constitutional Declaration which would empower a Transitional Authority composed of the executive , the legislature, and judiciary branches of government. The role of the Transitional Authority will end after national elections are held in the aftermath of the establishment of a permanent constitution,

The Constitutional Declaration should declare the equality of all citizens regardless of sex, religious belief, race, or political affiliation.

A Constituent Assembly must be empowered to assume legislative powers and draft a permanent constitution.

In cooperation with the Constituent Assembly, the Supreme Judicial Council must establish the mechanisms and timeline for drafting a permanent constitution and submitting it to a national referendum.

The Council must also ensure the independence of the office Justice or Executive branch.

In summary, the major reforms entail: