on
Archived: Sami Khiyami: ‘Virtues of Nomination in Indoctrinated Nations’ ..a road-map for after the restoration of the truce in Syria
From a Syrian to all Syrians and to the International Community
‘Virtues of Nomination in Indoctrinated Nations’… a roadmap for after the restoration of the truce in Syria
Dr Sami Khiyami ([email protected]) سامي الخيمي
Summary
This initiative describes an alternative policy to the one adopted in the Syrian Geneva talks.
Instead of considering that the negotiating teams are to reach a global agreement on the future of Syria, they will merely be asked to conclude a solid truce and to cooperate fully with the United Nations, who will proceed with a new strategy, based on allowing the Syrian society to effectively express itself on the future of the nation.
The proposed strategy relies on a multi-stage selection process which will lead to the nomination (appointment) and legitimation of a national ‘Constituent Assembly’, capable of achieving gradual social harmony and sustainable peace.
Prelude
Things seem to be moving in Syria towards a gradual decline of the Takfiri Jihadi forces, after Russia took the lead in pursuing a political solution while establishing a military balance on the ground. The Russian initiative seems to have acquired an American conditional consent (rather confutable), which can remain valid at least until the end of President Obama’s term in office.
If we want to quickly summarize the results after five years of destructive war:
• The democratic opposition which started as a reasonably peaceful movement in certain places has been marginalized, partly because of repression, but mainly due to the lack of a unified leadership, considering that things that called for a revolution were not mature enough. The activists of the uprising were looking for any leverage, and radical Islamists grabbed the opportunity, providing favourable conditions for the Takfiri Jihadist groups to step-in and take over the leadership of the movement.
• The Non-Inclusivity of Syria in the civilised world order, made the major nations in the world prefer to resort to regional powers (proxies) to neutralize the regime’s policy of support to Hezbollah and its preference of a closer alliance with Iran, giving up the Syrian traditional pendulum policy it used to practise. The former policy preached balancing between the interests of the regional horizontal axis (Iran-Hezbollah) and the regional vertical axis (Turkey and Saudi Arabia, despite the lack of trust between the two nations).
These regional powers, while having vested interests in weakening the regime either by increasing its dependency (horizontal axis) or by destabilising its robustness (vertical axis), did not represent in their political positioning and life style (mode de vie), a model for the Syrian people to imitate.
• The regime adopted a short-sighted policy inspired by the violent methods used by the security authorities in handling protests or rebellion, rather than using the soft way of reconciliation and the institution of progressive reform in order to postpone the confrontation, while hoping that the regional circumstances and international context would change in its favour.
And since the government did not have a well-trained military force or a modern air force (which became outdated with time), it resorted to its allies to confront the opposition forces which were actively supplied with money and weapons from abroad.
• Towns and villages got destroyed and the demolishing of the social fabric worsened. The logic of blood and revenge for the victims and the sectarian hatred prevailed. The reconciliatory attitudes were lost or may have remained only in the minds of some freedom seekers who fled the country.
• Emigration took astronomical dimensions as the refugees fleeing violence were joined by those fleeing repression and those suffering from hunger. Millions fled to neighbouring countries and to Europe and elsewhere.
The resulting outcome is:
< The country is destroyed and its reconstruction requires 300 billion US dollars.
< Syria has been neutralized and lost its geopolitical advantage in the foreseeable future.
< Hundreds of thousands were killed in addition to the hundreds of thousands injured and/or disabled.
< The country lost its most important archaeological and heritage sites.
< A separatist tendency emerged in the Kurdish areas caused by the injustices suffered in the past and the brutality inflicted on Kurds by the Takfiri groups.
< The economy and the national currency collapsed and the unemployment and poverty spread.
< The majority of the population will not accept to go back to the situation preceding the popular uprising, regardless of the advantages and disadvantages that existed before 2011.
< There is no way to build a stable political system in light of the existing civilian and military division.
How can a solution be elaborated? Major world powers realised that direct intervention became necessary, but their biggest concern was and still is, to limit the spread of terrorism and reduce the waves of refugees, and not to reach a viable solution leading to a stable Syrian nation again. A nation of institutions, of citizenship (equal rights), rule of law and human dignity. A nation although small, but still central to the global civilisation, with many contributing to its economic growth and prosperity.
The Geneva process is based on negotiations between the two active belligerent factions of the conflict. Factions with competing and conflicting interests, inciting them to prolong the war almost indefinitely until one of them gradually achieves a better strategic positioning. Exerting pressures on these parties may succeed in halting the violence (or mitigating it), but will not end the conflict because the roots of disagreement have not been addressed.
The solution should therefore be based on a return to the Syrian society. Our general belief is that the Syrian negotiators in Geneva represent at most less than 30% of the Syrian people. The vast majority of Syrians is split into two major groups, the first disapproves the regime but dislikes the opposition (chaos driven) even more. The second disapproves the opposition but dislikes the regime (corruption driven) even more.
The obvious strategy is to allow these two majority groups to lead the society to peace. The negotiating teams currently meeting in Geneva will de-facto join the process at a later stage!
The Syrian society, which is suffering from war and dispersion, is in great need for a national congress or Constituent Assembly to represent its aspirations and impose its respect both internally and abroad.
The question arises on how to form this legislative and executive body (Constituent Assembly), that the country needs to walk out of the crisis.
The following proposal ‘Virtues of Nomination in Indoctrinated Nations’, is specifically designed as a means to achieve this end.
Outline of the Solution
They asked me: What is the Parliament (National Congress or Constituent Assembly), that you wish to have?
I said: I wish to have a Parliament composed of the best people in this country: distinguished in their career, active and efficient in their work, dignified in their management, generous in their kindness, esteemed among their entourage, patriotic in their aspirations … etc.
Q. So, you seem to be an elitist?
A. Not at all. The whole world is heading towards knowledge-based societies, where social justice prevails.
The traditional class struggle is now behind us and any political theory that will arise in the future, will be a new type of struggle to defend the marginalized people who do not have access to knowledge opportunities (not only to education), because of limited resources or the monopoly on resources and their poor distribution.
Q. And where do we find these people that you consider best?
A. I have encountered everywhere people with these characteristics. The key issue here is for these people to internalize these qualities and turn them into life goals.
Q. How do you ensure that they would be elected?
A. It is easier for me to ensure that they will not be elected in view of the prevailing situation. So it is inevitable to nominate (appoint) them (or their like minds) in a Constituent Assembly of the nation.
Q. Who will nominate them?
They can be nominated by a group of Wise persons and nation experts (perhaps fifty Wise Men and Women) who can meet and nominate (appoint) a Constituent Temporary Assembly of two hundred members (male and female) according to the qualifications mentioned at the start of this document, taking into account the regional, cultural and religious distribution of our people.
Q. And who will choose the fifty Wise persons?
A. A thousand delegates from all Syrian governorates, whose social, intellectual, professional and national status are recognized. These delegates will be selected by a United Nations Commission enjoying international consensus. They would be entrusted to have the best judgment in choosing fifty Wise persons or ‘Founding Fathers and Mothers of the Nation’, with a two-third majority for each choice.
Q. Why doesn’t the United Nations resort to choose directly the members of the Constituent Assembly?
A. They won’t be able to, and will be subject to influences of all sorts which will make it seem like a foreign intervention. Whereas the selection of a thousand delegates according to their representativeness and reputation, and who, in turn, will choose the Wise fifty who will subsequently nominate (appoint) the members of the Constituent Assembly, will break the dependability link between the United Nations and the nominated members of the assembly! Syrian sovereignty is hitherto safeguarded.
Q. When will this happen?
A. After a solid truce is established and extremist (Takfiri) groups are besieged in areas where there is scarcely any population!
The United Nation Security Council can then adopt a resolution unanimously voted by the permanent members with the consent of the Syrian government and the opposition non-Takfiri groups, to proceed with the solution.
And I added: The task of the Constituent Assembly mentioned above, is to establish the rule of law, and choose the interim Supreme Judicial Council and the interim Constitutional High Court and to issue a temporary constitutional declaration and form the government. It will also supervise the enactment of new laws, the restructuring of the national army and of the security apparatus. It will then embark on an economic development and reconstruction plan, absorb the return of displaced people and care for the wounded and disabled.
The Constituent Assembly will have three years, to work on healing the major drawbacks inflicted by the war on the Syrian social texture, on re-establishing a social contract and preparing for general democratic elections, leading to an elected parliament. The latter will organise with the help of the Supreme Judicial Council the election of the next President of the country.
Q. Are we going to wait until 2020 or more to have a genuinely elected Parliament and a new President?
A. Yes, but the new leaders (people in charge) who will look after the nation until then, are among its best citizens.
Q. And who will protect all of these procedures?
A. The police after the enhancement of its performance and the professional training of its staff (with the help of specialists). Its members will resemble the heroes who fell while defending the gates of the Parliament during the French Mandate.
Of course, the real protection will come from the consensus of all Syrians, except the Takfiri groups.
Q. But you have avoided talking about the Syrian state.
A. The best position that the Syrian government and the political opposition in its diversity can take, is to contribute to the launching of this initiative without exercising any influence on it, in order to bring the country to peace.
This is what we should strive for, keeping in mind the best of our aspirations. Then comes the practical implementation which will fit the solution to suit what is possible to achieve. The most complex stage is the stage of selection of delegates. The efforts of politicians, academics, thinkers and jurists should be focused on transforming this stage into reality, by consensus among the government, the opposition and the international community.
Description of the Nomination Process and the Constituent Assembly.
Holding credible elections in Syria in the present circumstances has become a myth. No international or local authority is capable of guarantying the integrity of the outcome. We claim that even transparent and honest voting can only contribute to more chaos and dissension in the country in view of the deterioration of the social pact. Hatred has become common currency, religious denominations have become suspicious of each other, city people fear and disregard countryside, the latter envies and despises city people, some Bedouins (fortunately a minority) are accused of helping Takfiris and Kurds prefer partial autonomy bearing in mind the mounting animosity of the Arabs.
Furthermore, one must realize that without a transitional period, Syrians will elect representatives inculcated in their minds by an internal or external party.
One quarter of the population fled the country, another 30% are internally displaced, and 20% live in dangerous areas or could be prevented from voting.
People living in government controlled areas will elect pro-governmental candidates, those living in opposition controlled areas will do the same for pro-opposition candidates. Even Syrians living in the diaspora will yield to the instructions of their host countries. Needless to say that the elected body will be unable to achieve stability and will carry the germs of future confrontations.
We must therefore resort to nomination (appointment) followed by legitimation, during the transitional period, after having exaggerated our submissiveness to indoctrination.
One may argue: Wasn’t the regime practising a sort of disguised appointment during the legislative elections of the past fifty years? Why should we expect a different product than the present parliament –People’s Council-?
True, but the regime could afford it, relying mainly on loyalty rather than competence in the choice of his candidates. Today the situation has changed and the system of obedience has collapsed to be replaced by fear or leastwise by obedience to multiple authorities or donors.
In this proposal, we hope to achieve nomination (with legitimation) of the best available persons to represent the nation. By best we do not mean the richest or the most prominent. We merely intend to look for the most competent, the most respected and the non-corrupt (or least-corrupt, to be on the safe side).
Selection of Delegates
If the Syrian State proceeds with the nomination of the Constituent Assembly, the political opposition and its allies will consider the resulting Assembly illegitimate; and if the United Nations tries to do the same, the Assembly will not necessarily represent the Syrian people, and the United Nations will be accused of infringing Syrian sovereignty by imposing Parliamentarians whose allegiance is to the UN key players who appointed them.
The road map should provide a solution that spares the country, at least formally, any foreign interference, contrary to what is currently going on.
After serious consultations between the UN Special Envoy to Syria with the Syrian government and the various opposition groups in Geneva, The United Nations Security Council can launch the Plan by adopting a UNSC resolution under chapter six with certain clauses under chapter seven. The resolution details the Plan for Syria and forms a commission whose mission is to choose a thousand delegates representing all regions of Syria. Men and women who enjoy national recognition and respect.
The Syrian government and the political opposition can Veto the selection of any delegate accused of being extremely biased to one party or another.
The commission will include: Representatives of the Office of the Special UN Envoy to Syria, the United States, Russia, the European Union, China, one of the Scandinavian countries, representatives of two important Arab countries who did not take a biased stance on the Syrian issue (Egypt and Algeria for example), a representative of Syria, who can be chosen to be a retired judge renowned for his integrity and who can serve as the Vice-Chairman of the Commission.
The Syrian government and the parties in control of rebellious regions will be responsible for facilitating the work of the Commission by allowing it to meet freely with whomever it chooses in any local community.
The Commission shall choose the one thousand delegates from every region in Syria. The group shall comprise: young intellectuals who acquired experience in social and humanitarian work, reputable members of the local councils, professionals with competence and good reputation, skilled farmers, highly qualified workers, some tribal figures, professional women, and women activists, businessmen, clerics from different affiliations .. etc.
Persons desiring to become candidates for selection, can address an email request with an attached Curriculum Vitae, or have to be nominated by a recognised organization from inside or outside the country; the Committee reviews the nominations and asks to interview the candidate who meets the required criteria.
The repartition of delegates by region, irrespective pf their present whereabouts can tentatively be: 20% for Damascus city and countryside, 20% for Aleppo and countryside, 8% for Homs, 7% for Hama and Idleb, 6% for Deir Ezzor, Lattakia and Hasaka, 5% for Raqqa, Tartous and Deraa, 2.5% for Sweidaa and the Golan. These percentages could be modified if they do not prove to be accurate.
An approximate quota will be respected in the selection of delegates, for women, religious denominations and ethnic groups or cultures.
In general terms, The UN Commission will need six month to select the delegates, who will meet in Damascus for a period of one month to choose the ‘Council of Wise CoW’.
The UN Commission will also appoint a Judicial Committee which will join the delegates to evaluate and monitor the general performance and provide binding legal advice. The judicial committee shall pay attention to the balance and fairness of the discussions and shall inform the delegates of its weekly observations. The same committee will submit its final report of observations to the UN Commission.
At the end of their meetings in Damascus under United Nations auspices and once they finish choosing the Council of Wise, the delegates will receive from the United Nations a medal of ‘Nation Builder’. These delegates can then go back home but will remain in a state of readiness, in case the United Nations asks them to resume work at the request of the Council of Wise, to accomplish any mission within their prerogatives.
At the end of this phase, the UN international interference is halted, and it will be re-conducted later to supervise and organize a referendum on the legitimacy of the Constituent Assembly.
Selection of the Council of Wise ‘CoW’
The proposed number of Wise men and Women- the Founding Fathers and Mothers- is fifty. Their main mission is to use their know-how to nominate members of the Constituent Assembly of the Nation. This solution does not resemble any previous attempt to establish permanent peace in a country resuscitating from a state of internal war.
The advantage of this method is that it will lead to a better representation of the Syrian society and will give the nation the possibility to gradually heal its wounds and reserve its strength to fight terrorism with the help of the International Community.
Structure and qualifications expected in the group of Wise persons
Young group: between thirty and forty years old, intellectuals, humanitarian relief workers, social and professional activists. They include representatives from all sectors of the country, and their percentage will not exceed 25% of the total number of the Wise persons.
Mature group: includes renowned thinkers whose importance is recognised, professionals of high calibre, moderate clerics from various sects, intellectual professional women, intellectual businessmen, some tribal leaders … etc.
All of the chosen Wise persons must have a good reputation, be Syrian nationals for more than ten years, be as eloquent as possible in Arabic or Kurdish (along with Arabic), able to use professionally a universal foreign language.
The delegates on the other hand shall elect a judicial committee to join the Council of Wise and offer them legal advice, while avoiding the obstacles of the current constitution that do not recognise their stature or mission.
The regional distribution of the chosen Wise persons does not matter as their wisdom should go beyond the borders of regions, but it is better to have a minimum ‘quota’ for women, religious denominations and ethnic groups, in order to ascertain that the Wise would not eventually nominate (appoint) a member in the Constituent Assembly that does not comply with the full and comprehensive notion of citizenship.
It is highly recommended that no members of any political party should belong to the Council of Wise in order to distance it from any partisan political agenda. This condition does not apply to the choice of delegates nor in the nominations of the Constituent Assembly.
Every Wise person (or group of Wise) sets a list of those, he, she or they see fit to be nominated in the Constituent Assembly. Beside each name will be a description showing the reason for nomination, the qualities of the candidate, the Curriculum Vitae, the candidate’s region… etc.
Every proposed nomination is discussed in full transparency, and the Council is given three days to express its opinion and a mark of distinction is given to each nomination.
At the end of the debate, a list of those who have received more than two-thirds of the votes and the highest marks of distinction from the Council of Wise is established, the quotas are calculated and a final list of 200 names is released in addition to 20 substitutes.
Before recess, the Wise persons retain their position in the form of an advisory Council without executive power, but they remain on standby ready to convene at the request of the Constituent Assembly.
Members of the Council of Wise will be entitled at recess to a medal of ‘Founding Father or Founding Mother of the Nation’.
One would argue about the guarantees that no political money can buy the conscience of the Wise persons.
There is of course no guarantee but let us recall the following remarks:
– It is not easy to buy the conscience of a person with reputation and respect. Even if we assume that everyone has a price that will make him bow, this would require a lot of investment that no party would be willing to sacrifice.
– Today the grand majority of nations is seeking a solution to the Syrian issue.
– It can be assumed that a disgraceful exposure of any of the Wise persons would make him/her subject to expulsion from the Council and to become legally accountable. The vacancy will be filled by ready substitutes, elected by the one thousand delegates as well.
Our experience indicates that those who accept to be influenced by political money are a minority that is not expected to belong to the Wise persons of the nation.
Legitimation of the nominated Constituent Assembly
Once the Constituent Assembly is nominated (appointed), a national referendum is organised by the United Nations Inside and outside Syria, involving the following simple (yes or no) question:
‘Do you consider the nominated Constituent Assembly as your legitimate representative during the transitional period?’
This referendum will be organised by a special commission accredited by the United Nations, and will include a delegate from the office of the special envoy to Syria, and delegates representing the US, Russia, China and the EU, and a Scandinavian country or Switzerland. This referendum will be conducted with utmost integrity and transparency both inside and outside Syria, with the consent of the Syrian government, the opposition and host countries of Syrian refugees. If the answer is ‘yes’, as expected, (because the population wants salvation with a legislative body that, it probably trusts), the Constituent Assembly becomes legitimate and operational.
The present People’s Council (Parliament) is dissolved by the present President of the Republic and he will issue a decree to ratify the Constituent Assembly.
A question arises: Why go back to the people in order to gain legitimacy for the Assembly? Wasn’t it easier to conduct parliamentary elections in the first place? ‘
Our answer is: on one hand, elections require elaborate preparations and cannot be held for the reasons elaborated earlier. On the other hand, a referendum is much easier to conduct and will legitimise the Constituent Assembly.
The Pamphlet clarifying the vote will simply state to the people:
‘Dear compatriots, we know how much you have suffered during the past years and we understand that the majority among you, fears both the government and the political opposition (civilian, para-military and non-Takfiri) in varying degrees. Faced with these difficulties, the government of Syria and the Syrian opposition asked the International Community represented by the United Nations for assistance. The UN decided to select one thousand delegates representing the Syrian society and well-known for their good reputation and efficiency, to carry out themselves, the choice of fifty Wise persons (men and women), who in turn nominated 200 people as a ‘Constituent assembly’ of the nation. Your ‘Yes’ will provide them with the necessary legitimacy to represent the Syrian people during the transitional period and will help them to gradually achieve social harmony and peace in our homeland.’
The Constituent Assembly – Heart of the Transitional Period-
The Constituent Assembly shall meet in Damascus in the Parliament building under the protection of a special police force.
1) Its first decision will be the adoption of a number of Supra-constitutional principles.
2) Then the issuance of the Constitutional Declaration which will include the ratification of the Assembly and its rules of procedure, authority and powers, especially those in conflict with the powers of the President in the current Constitution.
3) A decision to form the Interim Supreme Judicial Council and the Interim Constitutional High Court.
4) Set-up a committee to draft a social contract for the country, it would be useful in this respect to get assistance from the Council of Wise. This committee may stay in session over a full year. Its final report is discussed and ratified by the Assembly.
5) The formation of a committee to draft a permanent constitution to be submitted to a popular vote before embarking on the democratic elections of the permanent future Parliament
6) The decision to form the new government.
7) The formation of a committee to design an advanced electoral law that ensures the most adequate representation of the various cultural and religious groups. The law can then be discussed and approved in preparation for the election of the future democratic parliament.
8) The formation of a committee of the Assembly to study the optimal system of government for Syria (Presidential, semi-Presidential, parliamentary) and approve it.
9) The formation a committee to study the political and economic positioning of Syria both regionally and internationally.
10) The formation of a committee to study the degree of decentralization that should be adopted in the country.
11) The formation of an economic committee to design with the government a balanced economic and reconstruction development program.
12) The formation of a committee for health care and the reconstruction of the health sector.
13) The Formation of a committee to handle the issue of resettlement of the refugees and the displaced.
14) The formation of a committee to devise a program for the welfare of the families of war victims and wounded.
15) The formation of a legal committee to reform the judicial system and guarantee its complete independence. This committee will pass the enactment of new laws, and propose rules for transitional justice in dealing with major crimes and will propose a general amnesty law.
16) The formation of a committee to re-structure the army and reunite it, and also to transform it into a Professional Army and gradually achieve the principle of equal citizenship within its ranks. Then endorse the decision and forward it to the Government.
17) The adoption of a new law for the military service.
18) The formation of a security committee to discuss the restructuring of the security apparatus and redefine its job description, as well as restructuring the police force and enhancing its capabilities.
19) The formation of an educational committee to rebuild schools and universities, and to re-examine the educational curricula aimed at re-building the Syrian individual, his self-confidence and self-esteem, deepen the concept of teamwork, entrepreneurship, gender equality, languages, modern religious education, human rights..etc.
All of the committees formed in the Constituent Assembly will have legislative and executive powers, enabling them to work in consortium with the government to achieve the desired goals.
One of the conditions for the success of the Assembly is its serious cooperation with the President of the Republic, within the framework of an ambitious transitional plan in a climate of mutual respect.
The continuous activity of the Constituent Assembly for a period of three years will allow it to develop programs aiming at achieving the following:
< Political, societal and legal preparation for the democratic elections of the future Parliament.
< Deepen the culture of equal rights and equal citizenship.
< Deepen the understanding of human rights.
< Intensify the culture of the rule of law.
< Establish foundations and procedures for comprehensive national reconciliation.
< Introduce total gender equality.
< Spurr economic development and reconstruction, without marginalizing any region, while introducing the notions of adaptable industries and sustainable development.
< Resettlement of returning refugees and internally displaced persons.
< Fighting corruption and introducing a set of democratic and community values..
< Re-building the Syrian individual morally, culturally and technologically.
Around 2020 and once the final constitution is endorsed by popular consent, democratic elections of the new Parliament will take place. This future Parliament, will organise in conjunction with the Supreme Judicial Council and the Constitutional High Court the election of the new President of the Republic, in accordance with the adopted system of government (presidential, semi-presidential or parliamentary).
The President of the Republic will be elected in 2020 or 2021.
This proposal aims at rebuilding a new state on a consensual societal basis agreed upon by all parties.
Conclusion
There are fundamental disagreements between negotiating delegations in Geneva, which are difficult if not impossible to overcome.
This initiative has been designed to re-orient the talks towards the achievement of a truce and a solid agreement on turning to the Syrian society to define the way forward.
The nomination followed by legitimation of a Constituent Assembly will enable the majority of Syrians to draw themselves their future, away from pretentious usurpers who claim to represent the people under the labels ‘Regime and Opposition’.