Diversity and the Syrian Constitution: Overbroad Texts that Fail to Protect Minority Rights

1.? Introduction:

In countries with diverse demographic makeups, debates on the rights of ethnic, religious, and linguistic minorities preoccupy a vast space of discussions about political and cultural life, as well as the future of individuals and communities.[1] Moreover, in such countries, the relationship between the State and these minorities is often complex and contingent on the role assigned to language and religion in the State in general and further on the way the national identity and culture have been historically defined. Language and religion are core elements of the national identity. Therefore, the efforts aimed at the construction of a national identity monochromatically based on a single ethnicity, language, or religion continue to result in deficient protection of the rights of minorities—the others. In addition to this disadvantaged status, minority groups might share a history of conflict with each other, as is the case in Syria.

In countries undergoing critical societal and political shifts, such as those that have survived civil conflicts or disputes, the relationship between the State and minorities represents a massive challenge. Parties to the conflict tend to assert the strong affiliation between the State on the one hand and the religion, culture, and language of the majority—the nationalist, religious, or denominational majority—on the other hand. This challenge is paramount in the case of Syria, where sweeping protests broke out in 2011 and later spiraled into a bloody armed conflict between the forces of the Syrian government and the opposition. Minorities, ethnic, linguistic, cultural, and religious, engaged in the conflict in various ways and were often rendered fuel and victims of hostilities.

In Syria, one of the most crucial preliminary steps for the political process to succeed is openness to negotiation among stakeholders. These include ethnic, religious, and linguistic minorities and all parties wishing to partake in developing Syria’s future constitution and playing a role in its political life.

Furthermore, the integration of Syrian minorities to help them have access to equal citizenship—pertaining to rights and duties—mainly requires the reformation of the State’s legislative and administrative doctrines. Such reform must be geared towards the recognition of the existence of minority groups and also of the country’s diversity. This recognition enables members of these groups to represent themselves as individuals and groups within the government and effectively participate in political life. Notably, the sought reforms can be realized through an embrace of the provisions of international conventions and treaties already ratified by Syria and those to be endorsed in the future, as well as amendments to the Syrian Constitution and legislation, while ensuring the participation of these minorities in the committees charged with preparing and drafting the constitution, representative institutions, and other consultative structures.

The application of a proportional representation system by the local administrative councils is one way to ensure minorities are reflected in executive decisions and represented in central and local governments. This system facilitates the redistribution of political power and helps to emphasize the national, religious, or cultural distinctiveness of these minorities as a primary component/s in Syria.[2]

Notably, this paper was developed around the topics discussed during a workshop organized by Syrians for Truth and Justice (STJ). The workshop was held under STJ’s program, “Bridging the Gap between Syrians and the Constitutional Committee,” the activities of which have culminated in the release of several similar papers. The previous publications focused on?transitional justice as a guarantee to achieving sustainable peace;?gender-sensitive transitional justice as an essential requirement to support the transitional path;?social justice?and how its principles have degraded into merely theoretical texts in Syria; and the modes of effective involvement in political life.

In the workshop grounding this paper, STJ offered training on the rights of minorities and indigenous peoples in Syria and also the means for ensuring the fair representation of all the Syrian components in political negotiations and constitutional processes. Researchers, and activists working in northeastern Syria attended the workshop, along with legal professionals and minority rights experts.

The definitions of minorities and indigenous peoples, as stated in international conventions and instruments, and demonstrations of how to involve minorities in the constitution-writing process were among the topics covered during the workshop. The attendees addressed the state of minorities and relevant international obligations through the lens of human rights. Within these conceptual frames, they analyzed the status of minorities in Syria, their position in the Syrian constitution, how its texts approach minorities, and, thus, the treatment of minority issues it calls forth.

In addition to the inputs from the workshop, this paper draws from several research papers and reports on the rights of minorities in Syria and worldwide.

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