Syrian Constitutional Committee

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Syrian Constitutional Committee

اللجنة الدستورية السورية
Logo of the Syrian Constitutional Committee.png
Type
Type
History
FoundedSeptember 23, 2019 (2019-09-23)
Leadership
Co-Chair (Government)
Co-Chair (Opposition)
Structure
Seats150
Syria Constitutional Committee 2019.svg
Political groups
  Nominated by the Syrian Government: 50 seats
  Nominated by the UN to represent civil society: 50 seats
  Nominated by the Syrian Opposition: 50 seats
CommitteesSmall body
Length of term
No term length
Elections
Nomination by the three parties
Last election
23 September 2019
Meeting place
Palace of Nations Geneva 20102014 02.jpg
United Nations Office at Geneva
Website
www.unog.ch/syria

The Syrian Constitutional Committee is a United Nations-authorized constituent assembly, which seeks to reconcile the Syrian Government headed by President Bashar al-Assad and Syrian opposition, in the context of the Syrian peace process, by amending the current or adopting a new Constitution of Syria. The UN hopes that this would lead to peace negotiations which would subsequently lead to a peaceful end of the Syrian Civil War, which had been raging for over eight years by the time of the committee's formation. It was formed with the formal approval of both parties involved, as well as the United Nations itself.[1]

It is described by UN General Secretary António Guterres as part of a "Syrian-owned and Syrian-led" peace process.[2][3] The decisions it takes are not binding under Syrian law and the committee relies on the good faith of both parties for their implementation.[4] The committee is also not bound by any deadlines or timetables.[5][6]

History[edit]

The proposal for the creation of a committee to alter Syria's constitution can be traced back to United Nations Security Council Resolution 2254, which was adopted in December 2015. The resolution provided a framework for the creation of such a committee, but its implementation was delayed until after the Geneva peace talks on Syria and then later delayed until a rough framework agreement was reached in Russia in January of 2018.[7]

The formation of the committee continued to be delayed numerous times, as both sides strongly disagreed on its composition and continued to fight each other on the ground.[8][9]

By the time the committee's composition was agreed upon, the Syrian Government had managed to return the majority of the country's territory back under its control through military means.[10]

Even as the committee's membership list neared its final draft, arguments emerged over which members should be picked to 'represent civil society' – with both the Syrian Government and Opposition attempting to influence the selection of the figures from the UN's list.[11] The final proportion and nomination process for the committee's members, as well as the rules for its functioning were agreed on 23 September 2019 after a meeting between UN envoy Geir Pedersen and Syrian Foreign Minister Walid Muallem.[12][13][14]

Inaugural meeting[edit]

The large body of the committee met for the first time on 30 October 2019, at 12:00 local time at the United Nations Office at Geneva.[15][16]

The Co-Chair nominated by the Syrian Government, Ahmad Kuzbari, lamented "terrorism" and hailed the "sacrifices and heroic deeds" of the Syrian Army during his inaugural speech. The opposition-nominated Co-Chair, Hadi al-Bahra, stated that it was time for them to "believe [that] victory in Syria is achieving justice and peace not winning the war". The two co-chairs did not shake hands at the end of the 45-minute opening ceremony.[17]

The first meeting of the 45-member small body took place on 4 November and lasted for four hours. The body decided to hold subsequent 4-hour sessions daily for two weeks. The meeting was described the meeting as "positive" and "successful".[18][19]

Composition[edit]

Large body[edit]

The whole committee itself, referred to as the large body and sometimes also dubbed the expanded body,[20] is composed of three groups of 50 members each, where the first group is directly nominated by Bashar al-Assad's government. The second is directly nominated by the Syrian Opposition's High Negotiations Committee and the third includes figures of Syrian civil society, selected by the United Nations.

30% of all members of the committee are women and seven members are Syrian Kurds.[21][11] The committee's delegates included members of the People's Council of Syria, university rectors and journalists. Both the Syrian government and opposition intentionally avoided nominating senior political figures as representatives, so as to prevent previous conflicts from hampering the committee's work.[22]

The large body of the committee has a mechanism through which it can be reduced to only 50 members at an undefined 'later stage'.[23]

The committee is headed by two equal co-chairs – one nominated by the Syrian Government and the other by the Syrian opposition.[2] They are aided by Geir Pedersen, a UN official who succeeded Kofi Annan as the head of the UN's peace efforts in Syria. He has no formal office or power in the committee and his role is only to serve as a voluntary, impartial mediator between the two sides.[10]

Government Quota[edit]

Ahmad al-Kuzbari, a member of the Syrian People's Council, was selected by the Syrian Government as the Co-Chair of the Committee, while Dr. Amal Yazji was selected to lead the government's delegation.[24] Al-Kuzbari remarked that he hoped that the next session of the committee would be held not in Geneva, but in Damascus.[25]

Syrian President Bashar al-Assad stated before state media that his government was not a direct part of the Committee, but that the government delegation represented its view.[6] The highest-ranked government official in the delegation was Ahmed Faruk Arnus, an aide to Syria's Foreign Minister Walid Muallem. No other senior government officials were included in the delegation.[22]

The delegation itself, which refers to itself as the "government-backed delegation", is focused around issues surrounding support for Syria's national sovereignty, as well as its state and military institutions. The delegation is also opposed to Western-backed sanctions against the nation.[6]

UN quota[edit]

The UN quota was reportedly picked from members from diverse religious, ethnic and geographical backgrounds, with nearly half of its members being women. The members nominated to fill this quota were selected by UN envoy for the Syrian conflict Geir Pedersen.[26][27][28][7][29]

Opposition quota[edit]

The opposition quota, formally appointed by the High Negotiations Committee is reportedly split into different factions.

Turkey was found to have the most influence over the opposition's delegation, playing a role in the selection of over 20 of the opposition's 50 total representatives. Seventeen of those 20 allegedly influenced by Ankara lived in Turkey at the time of the inauguration of the Committee.[5] Some of the opposition representatives are members of the Turkish-backed Free Syrian Army.[30]

Russia had the second largest degree of influence over the opposition's delegation – with 7 of the 50 opposition delegates having links to Moscow. Of those seven, 5 are members of the "Moscow Platform", which unlike almost all other opposition factions, does not demand the end of Bashar al-Assad's term as President of Syria.[5][30][24]

Five members of the opposition delegation are closely aligned to the "Cairo platform" made up by secularist individuals of various ideologies, influenced by Egypt[5][31][24] – a country with close links to the Syrian Government.[32][33]

Six are members of the National Coordination Committee[5][30][24] – a coalition of secular left-wing parties representing Syria's non-violent "internal" opposition and often described as Syria's "most moderate opposition group". The NCC is tolerated by the Syrian Government and operates openly within Syria, but is sometimes accused of being a front organization for the Syrian Government by several armed opposition groups, which the non-violent NCC has refused to endorse.[34][35]

The main leaders of the opposition's delegations, such as Ahmad Tu'mah and designated Committee Co-Chair Hadi al-Bahra, rejected affiliations to any group and instead defined themselves as "pragmatists" – seeing the "Russian-dominated" peace process as the only path left for the Syrian Opposition, seeking to eek out political concessions as the prospect of a government overthrow grew far away.[5] The two represented the highest-ranking opposition members in the delegation, with other senior opposition representatives that had previously headed talks, such as Ahmad Jarba, Naser al-Hariri and Riyad Hijab, being absent from the opposition's delegation.[22]

Small body[edit]

The small body, also sometimes described as the mini-committee,[20][6] is a cut-down version of the large body, analogous to a parliamentary committee, with 15 members from each of the large body's groups.[27]

Legislative procedure[edit]

All proposals must first be introduced in the small body of the committee. If a draft proposal is accepted by the small body, it is then passed on for voting in the large body. A proposal is only considered adopted if it is accepted by both bodies.[29]

Any decision of both the large or small body may only pass if it has the support of a supermajority consisting of 75% of the respective body's members. The committee is, however, instructed to make decisions by consensus where possible.[27][29]

If the committee manages to draft a full new Syrian constitution, it would then be put to a UN-monitored referendum for approval by the Syrian people.[36][2]

Despite this, it is noteworthy to mention that the Constitutional Committee has no formal legal status within Syria and that the decisions taken by it are not binding in Syrian law, as the formation of the Committee is not in line with the process of constitutional amendment set out by the current Constitution of Syria. Furthermore, the Committee also lacks a legal mandate over the Syrian Opposition. Owing to these facts, it remains to be seen whether either party will actually respect the decisions of the committee.[4]

Disputes[edit]

The High Negotiations Committee is the only group selected to represent the Syrian opposition, leaving many other anti-government groups in Syria completely unrepresented in the committee. Despite the inclusion of seven total ethnic Kurds in the committee, the mostly neutral Autonomous Administration of North and East Syria, as well as its majority-Kurdish military wing – the Syrian Democratic Forces, is also left completely unrepresented.[23][11] Hayat Tahrir al-Sham, an Al-Qaeda-linked group designated by the UN as a terrorist organization, as well as Syria's largest rebel group, was excluded from the negotiations for the formation of the committee from its inception.[37]

The object of the committee's work is also called into question by both sides. The Syrian Government's delegation asserts that the committee's work should be focused on amending the current Syrian Constitution, which was adopted in 2012, while the opposition delegates insist on creating an entirely new constitution.[38]

Decisions[edit]

Initial proposals[edit]

In its first days, the Committee managed to agree on a "code of conduct" for its members – which binds them to work with a "spirit of respect, cooperation and good faith", must avoid any actions which might harm other members, as well as refrain from distributing any documents from within the plenary room as "official papers" or use social media accounts for work-related communication. In the same day, the committee also voted to support the creation of its small body.[6] This agreement, however, was made between the two Co-Chairs representing the Syrian Government and Opposition respectively, and not voted on by the whole body of the committee.[19]

The Syrian Opposition focused its efforts on a return to an amended version of Syria's 1950 constitutional charter, which would considerably limit the powers of the Syrian Presidency, instead empowering a prime ministerial post. These efforts were rebuked by the Syrian Government, which flatly denied the proposal.[30]

Proposals given before the committee have included the recognition of the Kurdish language as a secondary language, as well as dropping the word "Arab" from Syria's official name – the "Syrian Arab Republic". Proposals aimed at bolstering the role of Kurds in Syria, however, have been strongly opposed by Turkey, which may influence the opposition's delegates into voting down any proposal it deems out of line.[30]

Reactions[edit]

Supranational[edit]

National[edit]

  •  Syria – Syrian Foreign Minister Walid Muallem stated that the Syrian Government was "committed to a political process to end the more than eight-year crisis". Syrian state broadcaster SANA described the foreign minister's meeting with UN authorities as "constructive and positive".[40] Syrian President Bashar al-Assad vowed to accept any decision reached by the Constitutional Committee, so long as that decision was "in line with our [Syria's] national interest". He added that the committee had "nothing to do" with the upcoming Elections in Syria, which he stated would still be held under the auspices of the Syrian state.[41]
  •  Russia – Russia supported the formation of the committee, dubbing its launch as a "victory".[42]
  •  Iran – Iran voiced its support for the agreement, with Iranian Foreign Minister Javad Zarif stating that he had always thought that the end of the Syrian Conflict would come through a political solution and added that the committee would have Iran's full support.[42]
  •  Turkey – Turkish Foreign Minister Mevlüt Çavuşoğlu supported the agreement, stating that Turkey "emphasized the importance of the need to deal with humanitarian issues throughout the whole [Syrian] territory".[42]
  •  France – The French Foreign Ministry expressed its support for what it deemed to be the "relaunch of political regulation in Syria under the auspices of the UN".[43]
  • On 2 November, the Foreign Ministers of Saudi Arabia, Egypt, France, Germany, Jordan, the United Kingdom and the United States issued a joint statement in which they praised the efforts of UN Secretary-General António Guterres and UN Syria Envor Geir Pedersen for the establishment of the committee, which they dubbed a "positive step".[44]

Syrian Opposition[edit]

  •  Syrian Opposition – The High Negotiations Committee's spokesman described the committee as a "logical thing", which would create a "secure environment" for the drafting of a new constitution. He further dubbed it "a critical turning point" in the achievement of a political solution.[16]

The Syrian Network for Human Rights condemned the formation of the committee, stating that they believed it "violated and contravened international law".[16]

Syrian dissident Anwar al-Bunni condemned the committee, dubbing it as a "pretext to fulfill a military agenda on the ground".[16]

Various opposition groups criticised the opposition's representatives to the council on social media, dubbing them "unrepresentative" or "unqualified", while others dismissed the committee entirely, calling it a "futile endeavor", which would only "buy time" for the Syrian Government to start a new military offensive against the opposition.[10]

The Suqour al-Sham Brigades and the remnants of the Nour al-Din al-Zenki Movement both condemned the formation of the committee and stated that they will boycott its decisions.[4]

Other non-state groups[edit]

  •  Rojava – Rojava officials condemned the fact that they were excluded from the peace talks and stated that "having a couple of Kurds" in the committee did not mean that the Syrian Kurds were properly represented in it.[45] The co-chair of the Syrian Democratic Council accused Turkey of vetoing the representation of Syrian Kurds within the committee.[46] The Kurdish administration also organized demonstrations in front of the UN office in Qamishli to protest their exclusion from the committee.[47]

Analysis[edit]

The launch of the committee was met with skepticism by political analysts, which noted both the lack of good faith between the Syrian Government and Opposition, as well as the government's recent territorial gains as factors that might prevent the committee from fulfilling its stated objective.[48][16][49]

Some analysts[who?] further criticised the 75% supermajority rule, which they described as a "recipe for paralysis".[11][18]

Some experts[who?] noted that the committee is unlikely to lead to peace, as large groups, such as Rojava are excluded from the peace process, while parts of the Syrian Opposition itself have condemned it entirely. They also noted that the committee faces criticism for the non-elected nature of its members and also that the committee itself might be "unconstitutional", as it falls outside the rules set out by the current Constitution of Syria for constitutional amendments, which renders its decisions legally non-binding in Syria.[4][50]

Analysts[who?] mostly agree that the lack of a binding timetable, the recent military defeats suffered by the opposition, as well as the divisions within the opposition delegation itself give the upper hand to the Syrian Government and its delegation.[30][5]

According to Sami Moubayed writing in The Arab Weekly, should the drafting process continue into 2021, any term limits imposed by a new or amended constitution on the Presidency would only take effect as of 2028 – after the President has completed his full seven-year term.[30]

References[edit]

  1. ^ "UN Chief: Drafting New Syria Constitution Is Step to Peace". Voice of America. Retrieved 2019-10-30.
  2. ^ a b c "Constitutional Committee breakthrough offers 'sign of hope' for long-suffering Syrians". UN News. 2019-09-30. Retrieved 2019-10-30.
  3. ^ "Note to Correspondents: UN Special Envoy for Syria, Geir O. Pedersen's remarks to the Press". United Nations Secretary-General. 2019-10-28. Retrieved 2019-10-30.
  4. ^ a b c d "Constitutional Committee: Gateway To Resolution Or New Form Of Procrastination". Enab Baladi. 2019-10-03. Retrieved 2019-10-31.
  5. ^ a b c d e f g "'Winner' Assad has much to lose from new constitution". The National. Retrieved 2019-11-07.
  6. ^ a b c d e "Syria: Constitutional Committee Reaches Breakthrough Despite 'Disagreements'". Asharq AL-awsat. Retrieved 2019-11-07.
  7. ^ a b "UN sets constitution committee for Syria, but hopes to end war muted". www.euractiv.com. 2019-09-24. Retrieved 2019-10-30.
  8. ^ "Syrian government rejects U.N.-led committee to alter constitution". Reuters. 2018-02-13. Retrieved 2019-10-30.
  9. ^ "Syrian opposition rejects Russia-sponsored peace initiative". Reuters. 2017-11-01. Retrieved 2019-10-30.
  10. ^ a b c Cumming-Bruce, Nick; Jakes, Lara (2019-10-28). "Syria Peace Talks to Open After a Long, Strange Month". The New York Times. ISSN 0362-4331. Retrieved 2019-10-31.
  11. ^ a b c d editor, Patrick Wintour Diplomatic (2019-10-30). "Russia-backed Syria constitution talks begin in Geneva". The Guardian. ISSN 0261-3077. Retrieved 2019-10-30.
  12. ^ "U.N. announces formation of Syrian constitutional committee". Washing Post. 23 September 2019.
  13. ^ "UN's Guterres announces Syria constitutional committee formation". www.aljazeera.com. Retrieved 2019-10-30.
  14. ^ "Syria: Formation of Constitutional Committee Initiates 'Normalization Battle' With Damascus". Asharq AL-awsat. Retrieved 2019-10-31.
  15. ^ "Syrian constitutional committee officially launched in Geneva – China.org.cn". www.china.org.cn. Retrieved 2019-10-30.
  16. ^ a b c d e "'The constitutional committee': A return to a political solution or evasion of international resolutions? (Timeline)". Syria Direct. Retrieved 2019-10-30.
  17. ^ "Syria Constitutional Panel Launched, Opposition Urges Justice". Asharq AL-awsat. Retrieved 2019-10-30.
  18. ^ a b "45 Syrian Constitutional Committee Delegates Launch Meetings in Geneva". Asharq AL-awsat. Retrieved 2019-11-08.
  19. ^ a b "45 members of Syrian Constitutional Committee meet". www.aa.com.tr. Retrieved 2019-11-08.
  20. ^ a b ruaa-jazaeri (2019-11-04). "Mini-Committee of Discussing Constitution starts activities with participation of Syrian Government-backed delegation". Syrian Arab News Agency. Retrieved 2019-11-07.
  21. ^ "Talks on new Syria constitution begin in Geneva". 2019-10-30. Retrieved 2019-10-30.
  22. ^ a b c "No high-ranking gov't, opposition members on Syrian Constitutional Committee list". TASS. Retrieved 2019-11-08.
  23. ^ a b "Syrian Opposition to Meet UN Officials in New York". Voice of America. Retrieved 2019-10-30.
  24. ^ a b c d "International pressure will have final say in success of constitutional committee". Enab Baladi. 2019-10-23. Retrieved 2019-11-07.
  25. ^ "Syrian government delegation positively assesses work of Constitutional Committee". TASS. Retrieved 2019-11-07.
  26. ^ "Syria's Constitutional Committee to Meet October 30". Voice of America. Retrieved 2019-10-30.
  27. ^ a b c "Syrian Constitutional Committee authorized to draft new constitution – Xinhua | English.news.cn". www.xinhuanet.com. Retrieved 2019-10-30.
  28. ^ "UN determined Syrian constitutional committee will bring end to war". The National. Retrieved 2019-10-30.
  29. ^ a b c "Special Envoy Hails Formation of Constitutional Committee as 'Sign of Hope for Long-Suffering Syrians' in Briefing to Security Council – Syrian Arab Republic". ReliefWeb. Retrieved 2019-10-30.
  30. ^ a b c d e f g "Syria's Constitutional Committee convenes with historic opposition involvement | Sami Moubayed". AW. Retrieved 2019-11-07.
  31. ^ "The complex state of Syria's opposition | UNA-UK". www.una.org.uk. Retrieved 2019-11-07.
  32. ^ Kessler, Oren (2019-02-15). "Egypt Picks Sides in the Syrian War". ISSN 0015-7120. Retrieved 2019-11-07.
  33. ^ "Egypt Draws Closer To Assad Regime: Openly Participates In Damascus International Fair, Brokers Ceasefire Agreements In Syria". MEMRI. Retrieved 2019-11-07.
  34. ^ "Who's who: National Coordination Commission for Democratic Change (NCC)". The Syrian Observer. 2012-11-02. Retrieved 2019-11-07.
  35. ^ "Syria opposition groups fail to reach accord". Financial Times. Retrieved 2019-11-07.
  36. ^ "Syrian Constitutional Committee kicks off in Geneva – World News". Hürriyet Daily News. Retrieved 2019-10-30.
  37. ^ "Syria constitutional committee 'unclear': Russian negotiator". France 24. 2019-04-25. Retrieved 2019-10-30.
  38. ^ "Syria cautions against 'foreign intervention' in constitution body". Reuters. 2019-09-23. Retrieved 2019-10-31.
  39. ^ "UN Envoy: Syria Constitutional Committee 'Sign of Hope'". Voice of America. Retrieved 2019-10-30.
  40. ^ 刘小卓. "Syria's constitutional committee's work 'beginning of political process' to end civil war – World – Chinadaily.com.cn". www.chinadaily.com.cn. Retrieved 2019-10-30.
  41. ^ "Damascus will accept any decision of Syrian Constitutional Committee — Assad". TASS. Retrieved 2019-11-08.
  42. ^ a b c "Turkey, Russia, Iran voice support as Syria constitution talks begins". news.cgtn.com. Retrieved 2019-10-30.
  43. ^ "France supports relaunch of political regulation in Syria". TASS. Retrieved 2019-10-30.
  44. ^ "Foreign Ministers of Mini-Group on Syria Welcome Meeting of Syrian Constitutional Committee The official Saudi Press Agency". www.spa.gov.sa. Retrieved 2019-11-08.
  45. ^ "Syrian Kurds criticise UN envoy over new committee". www.aljazeera.com. Retrieved 2019-10-30.
  46. ^ "Turkey vetoed inclusion of Syrian Kurds in constitutional committee – official". Ahval. Retrieved 2019-10-30.
  47. ^ "Syria's Kurds protest exclusion from constitutional committee". France 24. 2019-10-02. Retrieved 2019-10-30.
  48. ^ "Syria constitutional panel launched amid skepticism". Reuters. 2019-10-30. Retrieved 2019-10-30.
  49. ^ "Syria constitutional panel launched in Geneva amid skepticism". news.cgtn.com. Retrieved 2019-10-30.
  50. ^ Constitution of the Syrian Arab Republic (PDF). Syria. 2012. Title Five: Amending the Constitution.

External links[edit]



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