Syria's new constitution has drawn criticism from legal experts and political groups, who fear its loopholes could worsen divisions and instability in the conflict-torn country.
Three months after the fall of former President Bashar al-Assad's government, Interim President Ahmed al-Sharaa on Thursday signed a constitutional declaration that will serve as Syria's constitution during a five-year transition period.
Al-Sharaa, the leader of Hayat Tahrir al-Sham who led the attack on the Assad regime in December 2024, said after the signing ceremony that he hoped this document would be "the beginning of a new history for Syria, where oppression is replaced by justice, destruction by development, ignorance by education, and torture by mercy."
However, the Kurdish-led Autonomous Administration in northern and eastern Syria—the de facto civilian authority affiliated with the US-backed Syrian Democratic Forces (SDF) and controlling nearly a third of the country—was the first to reject the constitution, calling it an exception.
"The document called the constitutional declaration has a framework and articles similar to those used by the Baath government," he said, referring to the party that ruled Syria from 1963 until late 2024.
Legal experts believe that the document containing 53 articles fails to fully reflect the reality of Syria, especially in terms of its ethnic and religious diversity.
"The draft generally only refers to Syrians who oppose the regime, without distinguishing between Arabs, Kurds, Assyrians and other ethnic groups," said Jian Badrakhan, deputy chairman of the Germany-based Center for Kurdish Legal Studies and Consultations.
"However, Article 1 explicitly uses the term 'Arab' in the name of the country, which is contrary to the inclusive language found elsewhere in the document."
Badrakhan told VOA that "the absence of any mention of the Kurds, the second largest ethnic group in the country, or the Assyrians, one of Syria's oldest indigenous peoples, is a clear rejection of Syria's multicultural identity.
Definition and Limitations
The constitution defines Syria as an Arab republic and stipulates that the president must be a Muslim. It also limits official recognition to “heavenly religions,” which refers to Christianity, Islam, and Judaism.
"This effectively excludes recognition of some long-standing religious communities in Syria, including the Yazidis and Druze," Badrakhan said. "Over time, this provision could also be interpreted as an attempt to exclude the Ismailis and Alawites [of Shia Islam] from official recognition."
According to the CIA World Factbook, Arabs make up 50 percent of Syria's nearly 24 million population, while Alawites, Kurds and Christians make up 35 percent. The rest are Druze, Ismailis and other ethnic and religious groups.
There are also concerns that the interim constitution gives too much power to the interim president and promotes Islamist ideology. Al-Sharaa and HTS are Islamist groups that have been designated as terrorist organizations by the United States.
“The constitution says there is a separation between the branches of government, but that is clearly wrong,” said Sarbast Nabi, a professor of political philosophy at Koya University in Iraqi Kurdistan.
"Article 24 gives the president the authority to appoint 20 percent of the transitional parliament, which shows the lack of separation between the executive and legislative branches," he told VOA, adding that the document "will not bring stability to Syria."
The Constitution included the clause on the grounds “to ensure fair representation and efficiency.”
Anwar al-Bunni, co-founder and Executive Director of the Syrian Center for Legal Studies and Research, said that while the constitutional declaration includes some promising provisions—such as the establishment of a commission for transitional justice and the establishment of political parties and associations—there are still major concerns that need to be addressed.
“This declaration goes beyond its role as a constitutional declaration and is more like a mini-constitution, as it establishes the name of the republic, designates Islam as the primary source of law, and defines the powers of the president—ultimately undermining the will of the Syrian people,” he said.
“All tribes and religious communities in the country want constitutional guarantees,” al-Bunni said. “Since this is only a temporary document, drafting a permanent constitution must involve a thorough discussion on all these points and issues.”
Geir Pedersen, the UN special envoy for Syria, said in a statement on Friday (14/3) that he “hopes that this [constitutional declaration] will encourage Syria to restore the rule of law and undergo an inclusive and orderly transition.”
Since Assad's fall, the United States and other Western countries have continued to call for an inclusive government in Syria, with guarantees of protection for all ethnic and religious groups in the country
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