Syria: New rulers unveil temporary constitution amid fragile transition

File Source: The Guardian

Syria’s president signed a temporary constitution on Thursday, cementing his group’s rule for the next five years while pledging to protect the rights of all Syrians during a transitional phase. The move comes as the country remains divided by conflict, with many questioning whether the new leadership can bring stability after the overthrow of Bashar al-Assad’s decades-long regime.

Ahmad al-Sharaa, the former leader of the Islamist insurgent group Hayat Tahrir al-Sham (HTS), now serves as Syria’s president following a December offensive that ousted al-Assad. His appointment was announced after a meeting of the armed factions that led the overthrow, during which they also agreed to repeal and replace the country’s old constitution. While many Syrians welcomed the end of the al-Assad family’s 50-year rule, ethnic and religious minorities have been wary of the new leadership and hesitant to cede full control of the national government to them.

The temporary constitution retains certain provisions from the previous legal framework, including the requirement that the head of state must be a Muslim and the primacy of Islamic law. However, Abdulhamid Al-Awak, a constitutional law expert and one of the seven drafters of the new document, highlighted key changes during a news conference on Thursday. He stated that the constitution enshrines freedom of expression and media rights and aims to “balance between social security and freedom” while establishing an “absolute and rigid separation” between the legislative, executive, and judicial branches of government.

The document establishes a People’s Committee as an interim parliament until a permanent constitution is adopted and elections are held. Two-thirds of its members will be appointed by a presidentially selected committee, while al-Sharaa himself will choose the remaining third. The newly released text declares that the Syrian state is “committed to combating all forms of violent extremism while respecting rights and freedoms” and guarantees that “citizens are equal before the law in rights and duties, without discrimination based on race, religion, gender, or lineage.” It also emphasizes that the army is a “professional national institution,” forbids weapons outside of its control, and criminalizes “glorifying the former al-Assad regime.”

Despite these promises, questions remain about the inclusivity of the political transition. A new committee will be formed to draft a permanent constitution, but it is unclear whether it will give greater representation to Syria’s diverse religious, ethnic, and political groups. Critics argue that last month’s “national dialogue conference,” which preceded the interim constitution’s drafting, lacked broad representation and was organized hastily.

Meanwhile, al-Sharaa has made a bold move by striking a ceasefire deal with the U.S.-backed Kurdish-led authorities in northeastern Syria. The agreement merges insurgent forces into the central government’s security services and follows a brutal crackdown on an insurgency launched last week by fighters loyal to al-Assad. Rights groups report that hundreds of civilians, primarily from the Alawite minority to which al-Assad belonged, were killed in retaliatory attacks by factions involved in the counteroffensive.

A key aim of the temporary constitution is to provide a clear timeline for Syria’s transition to a new political order. Al-Sharaa has previously stated that rewriting the constitution could take up to three years, with full elections potentially occurring within five. However, international skepticism remains high. The U.S. and European governments have signaled that sanctions imposed on Syria under al-Assad’s rule will not be lifted unless the new leadership proves its commitment to inclusivity and minority rights.

Al-Sharaa and regional governments have been urging the West to reconsider, warning that continued economic pressure could fuel further instability. However, with Syria still deeply fractured and facing a humanitarian crisis, the future of the country’s governance remains uncertain.