The new Syrian constitution promises women’s rights and provisions for transitional justice, but envisions a system with power concentrated in the presidency. Just months after taking Damascus, caretaker president Ahmad al Sharaa appointed a constitutional declaration committee to draft a new constitution for the country. The text, signed by Sharaa on 13 March, should be judged on implementation, not words.
The new Syrian Constitutional Declaration provides a governance framework that prioritises stability and executive leadership during the transitional period. While it acknowledges transitional justice, human rights, and governance structures, its strong centralisation of executive power, limited oversight mechanisms, and ambiguities regarding rights and governance raise significant concerns.
Syria’s political system
Under the Assads, Syria’s political ecosystem was dominated by the Ba’ath Party and the ruling family’s inner circle. These first few months and years free of both will be a test to see what Syria can be, and if it can get on track to fulfil the political demands of 2011, including the establishment of inclusive national and local governance. In contrast, the 2025 constitution envisions a state where power is concentrated with an (unelected) president, with only limited oversight mechanisms and vague provisions on rights and political participation.
The system outlines a presidential—not parliamentary or even semi-presidential—political system wherein the executive has the power to appoint one-third of the People’s Assembly. As for the remaining two-thirds, the president is responsible for selecting the committee responsible for appointing the subcommittees that elect the seats. This raises serious concerns as to whether the People’s Assembly—normally a check on presidential powers—will be empowered to truly represent the Syrian people.
In addition, the constitution makes little to no mention of oversight mechanisms to hold office-holders accountable. During a press conference on the declaration, concerns about presidential accountability were raised. When asked about oversight, Abdul Hamid al-Awak, a spokesperson for the drafting committee, stated, “No one can hold the president accountable!” This response, rather than addressing the issue of checks and balances, reinforced concerns about unchecked executive authority and the absence of mechanisms for holding the president accountable. Articles related to the judiary also raise concerns, since the president will also be responsible for appointing members of the Constitutional Court.
National identity & social inclusion
The character of the new Syria, formerly held under the thumb of the Ba’ath party, must be inclusive of ethnic and religious minorities. On this front, the constitution is not promising: the text asserts that the president of Syria must be a Muslim and names Islam as the primary source of legislation. In a more symbolic gesture, it reaffirms the name of the country as the “Syrian Arab Republic,” ignoring the multi-ethnic composition of the already-divided country.
Even so, the constitution is not without promise. Article 21 specifically recognizes women’s rights and guarantees their right to work, education and protection from violence. Articles 48 and 49 also reference the importance of transitional justice—but focus almost exclusively on crimes committed by the Assad regime, ignoring crimes committed by armed opposition and radical groups. While the declaration lays the groundwork for governance during the transitional period, its effectiveness will ultimately depend on its implementation and whether it fosters a more inclusive political system or entrenches existing power structures.
