Facing pressure to deliver on promises of political reform, Syria’s caretaker President Ahmad al-Shara’a formed a committee responsible for drafting a constitutional declaration on 2nd March 2025. Rather than assuaging concerns, however, the make-up of the committee and its process raised concerns regarding its legitimacy and effectiveness. The selection process lacked transparency, with no clear criteria for choosing members, many of whom lack the necessary qualifications, particularly in constitutional law. Most members are seen as supporters of the caretaker authorities, casting doubt on the committee’s independence. A leaked draft of the constitutional declaration further suggests the outcomes may have been pre-determined. As such, the committee’s lack of transparency, inclusivity, and independence undermines the credibility of the process behind drafting the constitutional declaration.
Key concerns: selection & pre-determined outcomes
Similar to the opaque process leading up to the rushed National Dialogue Conference, authorities have not been transparent about the selection process for the committee. Comprised of seven members, it includes just one specialist in constitutional law, Abdelhamid al-Awak. Even more concerning, all members are either direct supporters of or publicly neutral toward Syria’s caretaker authorities, raising doubts about the independence or possibly partisan nature of the committee. Notably, individuals such as Ismail al-Khalfan and Yasser al-Huweish were appointed as deans of the law faculties at Aleppo and Damascus’ universities, respectively, in 2025. Similarly, Muhammad Reda al-Jelkhi was appointed as dean of the political science faculty at Damascus University by caretaker authorities.
There are also serious concerns that the nature of the declaration itself may have been pre-determined. Just hours after the committee was formed, Al Jazeera leaked a draft version of the constitutional declaration, indicating that the contents may have been pre-set. The leak suggests that the committee’s purpose may be to formalize an already-decided framework. The content of the leaked document has raised concerns about inclusivity, particularly regarding religious qualifications for the head of state and the absence of democratic safeguards. The draft fails to mention democracy or citizenship and grants extensive powers to the president. The People’s Assembly is set to be appointed by the president, raising deep concerns about legislative independence.
Recommendations
Within this fragile, critical moment for building Syria’s future, ETANA recommends that caretaker authorities release the selection criteria for the constitutional committee, expand it to include legal scholars and constitutional experts, preserve the body’s independence and better define procedural rules to prevent unilateral approval by caretaker authorities. These steps would not only strengthen the legitimacy of the constitution-drafting process, but also increase the trust of Syrians and the international community in caretaker authorities’ ability to credibly manage key steps within Syria’s transition.
