Obai Kurd Ali
The Syrian uprising erupted in March 2011 with widespread calls for freedom, justice, and dignity. These demands were met with serious crimes committed by the Assad regime, before the situation escalated into an armed conflict during which multiple actors committed grave violations and atrocities against Syrians, including killings, torture, enforced disappearances, forced displacement, and the looting of property. Beyond exposing a severe humanitarian crisis, the years of conflict revealed a deep fracture in the relationship between the state and society and highlighted the erosion of Syria’s social contract. On 8 December 2024, the Assad regime fell following a military operation led by opposition factions, ushering in a new phase of political transition in the country.
During the first year of this transition, a shortened national dialogue process was convened to develop a national vision for Syria’s future. In March 2025, a temporary constitutional declaration was issued, setting out provisions related to the structure of governance during the transitional period, public rights and freedoms, the roles of state institutions, and aspects of the transitional justice process. While these developments played a critical role in identifying the foundations and guiding principles upon which a renewed social contract among Syria’s diverse communities should rest, opportunities for meaningful and effective public participation remained limited. In response, civil society organizations sought to expand local engagement in the process of rebuilding Syria’s social contract and to contribute perspectives on the principles that should inform the drafting of the future permanent constitution.
Against this backdrop, this paper aims to contribute to the discussion on what a future permanent Syrian constitution, along with related legislation and policies, should contain by highlighting the priorities expressed by a segment of Syrian society. The paper is grounded in the importance of public participation as a cornerstone of a more inclusive and sustainable social contract. Its findings are based on four focus group discussions organized by Justice for Life Organization in Raqqa, Qamishli, Tartous, and Aleppo, involving 38 Syrian participants with legal and human rights expertise. These discussions examined constitutional priorities across four key themes: the nature of the state and national identity, rights and freedoms, state institutions and the rule of law, and transitional justice and addressing the legacy of the past. The consultation findings were complemented by a desk review of relevant laws, policies, and literature.
Given the limited scope of the research and its focus on geographically and professionally specific groups, this paper does not aim to provide a comprehensive representation of the priorities of all Syrians. Rather, it reflects the views of the individuals who participated in the consultations. Moreover, because the paper seeks to identify principal priorities across a broad range of themes, it does not provide a detailed or exhaustive examination of each issue. Instead, it highlights the need for additional research that is both more comprehensive and more representative of the perspectives of wider segments of Syrian society.
The paper first explores participants’ perceptions of the future constitution before presenting the priorities identified within the four thematic areas outlined above. It concludes by setting out the key considerations that should inform the drafting of Syria’s permanent constitution, drawing on the priorities that emerged from the consultation process.
The Constitution Through the Eyes of Syrians
A constitution is the supreme legal framework of a state, establishing the foundational principles that define both the nature of the state and its relationship with its citizens. It encompasses a set of legal, political, and social norms that shape the system of governance, provide the basis for the rule of law, define the powers and limits of state institutions, and ensure an appropriate balance among the different branches of government. At the same time, a constitution reflects the shared identity of a nation’s citizens and enshrines the fundamental values, rights, and freedoms that the state undertakes to protect and incorporate into its legislative and institutional framework.
In periods of political transition following conflict or revolution, constitution-making is a particularly significant and complex undertaking. It serves as a critical foundation for defining the future character of the state, safeguarding the rights and freedoms of all segments of society, and preventing the recurrence of the abuses and injustices that marked earlier periods.
Because armed conflicts and revolutions often leave behind deep grievances and social divisions, while also eroding trust among communities and between citizens and the state, broad societal engagement in discussions about constitutional principles becomes essential. Such dialogue enables communities to identify the values and priorities they consider fundamental and to ensure that these are reflected not only in constitutional provisions but also in legislation, public policy, and state practice. These priorities ultimately form the basis upon which a durable constitutional order can be built.
The Syrians consulted for this paper do not regard the future Syrian constitution merely as a formal legal instrument. Rather, they view it as an inclusive national covenant and a renewed social contract capable of rebuilding trust between citizens and the state. After decades marked by repression, restrictions on freedoms, widespread human rights violations, the expansion of executive and security authority into public life, entrenched corruption, weak judicial independence, and the dominance of a single political party, participants see the constitution as a primary safeguard against the return of authoritarian rule.
The longstanding erosion of trust between citizens and state institutions, combined with the continued absence of sufficient measures to restore that trust, has profoundly shaped participants’ expectations for a new social contract. Those interviewed emphasized that constitutional provisions alone, regardless of how well they are drafted, cannot by themselves rebuild public confidence. The true significance of a constitution lies in the extent to which its principles are translated into legislation, public policies, and concrete institutional practice.
Viewed through this lens, the constitution should be more than a carefully drafted legal instrument or a symbolic document. It should function as the foundational framework that defines the character and identity of the state while guaranteeing the rights and freedoms of all individuals without discrimination. It should establish effective checks and balances among state institutions, prevent the return of one-party dominance and excessive concentration of power, protect citizens against authoritarian rule, and address the legacy of past abuses as an essential step toward building a state grounded in justice, citizenship, democracy, and the rule of law.
The Syrians interviewed also emphasized that the process of constitution-making should not be limited to political elites or restricted to narrow decision-making circles. Rather, it should be an inclusive process that enables meaningful public participation throughout all stages. Such participation helps ensure that citizens’ priorities are reflected in constitutional provisions and supports the development of broad societal consensus around the fundamental values and principles that people wish to see embodied in the new post-conflict state.
Participants further highlighted the importance of increasing public awareness of both the constitution-building process and citizens’ fundamental rights. Strengthening such awareness was viewed as essential to enabling citizens to engage in the process in an informed, meaningful, and constructive manner. Consequently, participants regarded the process of drafting the constitution as being just as important as the final constitutional text itself, given its critical role in fostering legitimacy and rebuilding trust between the state and society.
