The Legal Body of the Kurdish National Council Publishes a Study on Syria’s Constitutional Declaration

ARK News.. The Legal Committee of the Kurdish National Council in Syria (KNC) released a study on Sunday evening regarding Syria’s constitutional declaration. The study calls for a revision of the preamble to explicitly recognize Syria’s multi-ethnic and multi-religious societal fabric, ensuring the rights of all communities, including the Kurdish people, who have historically inhabited their ancestral land since time immemorial. The study emphasizes the Kurds’ right to self-determination in accordance with international law and the UN Declaration on the Rights of Indigenous Peoples.

Full Text of the Study
Introduction
The constitutional declaration issued on March 13, 2025, represents a significant step toward shaping Syria’s future. However, it raises concerns among the Syrian people, necessitating thorough examination and discussion.

This study explores the legal and political aspects of the declaration—given that constitutions are both legal and political documents—focusing on the imperative of justice, equality among all Syrian communities, and adherence to democratic principles and human rights for both individuals and groups.

The study aims to highlight legal shortcomings in the constitutional declaration, particularly its preamble, which fails to reflect Syria’s diverse society. It also addresses key articles requiring amendment and revision.

The study covers several core areas, including a review of the preamble, evaluation of provisions concerning the country’s name, system of governance, fundamental rights, the principle of equal citizenship, separation of powers, and political participation of all communities. It also examines judiciary-related matters, legislative authority, and safeguards for economic and social rights, all of which are essential to ensuring a smooth political transition and establishing a just and democratic state.

I. Shortcomings in the Preamble and Proposed Solutions
The preamble serves as a fundamental component of the constitutional declaration, as it outlines the core principles upon which the state is founded. However, it falls short of acknowledging the struggles and sacrifices of all Syrian communities, including Arabs, Kurds, Syriac-Assyrians, Turkmens, and others.

Key Issues in the Preamble:
Exclusionary Nature of the National Dialogue Conference

The declaration claims to be a product of a National Dialogue Conference, yet not all Syrian communities were genuinely represented. This lack of inclusivity renders the declaration unrepresentative of the will of all Syrians.

Naming of the Republic

The declaration references the 1950 Constitution, which originally named the country the “Syrian Republic.” However, the current use of “Syrian Arab Republic” ties the nation’s identity to a single ethnic group, overlooking Syria’s broader national and religious diversity.

Lack of Recognition of Ethnic and Religious Diversity

The preamble fails to affirm Syria’s pluralistic nature, which is crucial for national stability, development, and progress.

Absence of International Human Rights Standards

There is no reference to international human rights conventions, particularly the Universal Declaration of Human Rights.

Omission of Women’s Rights

The preamble neglects the role and rights of Syrian women across all societal domains.

Proposed Amendments:
Explicit Recognition of Syria’s Diverse Social Fabric

The preamble should acknowledge Syria’s multi-ethnic and multi-religious composition, guaranteeing the rights of all communities, including the Kurdish people, who have historically lived on their ancestral land. Their right to self-determination should be upheld in accordance with international law and UN declarations.

Commitment to International Human Rights Treaties

The preamble must explicitly affirm Syria’s adherence to international human rights conventions.

Public Participation in State Policy

The Syrian people must play a central role in shaping the country’s political landscape.

Involvement of Civil Society in Decision-Making

Civil society organizations should have a role in the decision-making process.

Syria as a Democratic, Pluralistic, and Inclusive State

The preamble should state that Syria is founded on democratic principles, pluralism, and equal citizenship.

Ensuring Women’s Rights

The preamble must affirm Syrian women’s equal rights in shaping the nation’s future.

II. Review of Key Constitutional Provisions
State Name and Identity
Article 1: The declaration designates the state as the “Syrian Arab Republic,” which contradicts the principle of equal citizenship by tying national identity to a single ethnic group. The more inclusive name “Syrian Republic” is recommended to reflect the nation’s diversity.

System of Governance and Separation of Powers
Article 2: While the declaration does not explicitly define the political system, certain provisions suggest a presidential system. This weakens the separation of powers. It is recommended that the constitution explicitly define Syria as a democratic, pluralistic state based on the principle of checks and balances.

Religion of the State and President
Article 3:

The requirement that the president be Muslim excludes candidates from other religious backgrounds, contradicting equal citizenship.

The designation of Islamic jurisprudence as the primary source of legislation gives the state a religious character rather than maintaining neutrality.

Proposed Changes:

The president’s religion should not be specified, allowing all citizens to run for office.

Islamic jurisprudence should be designated as “one of the sources of legislation” rather than the primary source, ensuring religious plurality.

Official Languages
Article 4: The declaration recognizes only Arabic as the official language, despite Kurds being the second-largest ethnic group in Syria. It is proposed that Kurdish be recognized as a second official language or that regional languages be granted official status in areas with significant minority populations.

Legislative and Judicial Reforms
Article 24-30:

The electoral commission overseeing parliamentary elections should reflect Syria’s ethnic and religious diversity and include civil society organizations under UN supervision.

The president should not have authority over the selection of parliament members to uphold separation of powers.

A clear framework should be established for holding executive officials, including the president, accountable for misconduct.

Article 47: Judges of the Supreme Constitutional Court should be appointed with consideration for ethnic, religious, and regional diversity. The parliament should approve judicial appointments to ensure checks and balances.

Article 52: The transitional period should not exceed four years, aligning with international best practices.

Conclusion
This study has outlined key concerns that could negatively impact Syria’s future and provided recommendations to ensure that the constitutional declaration is more inclusive and reflective of the country’s diverse population. By emphasizing human rights, equal citizenship, and pluralism, the declaration can foster a national environment where all Syrians feel they are equal partners in their homeland, with shared rights and responsibilities.

Qamishlo – March 23, 2025
The Legal Body of the Kurdish National Council in Syria

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