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Fadel Abdulghany
Syria witnessed a fundamental political transformation following the fall of Bashar al-Assad’s regime on December 8, 2024, following the “Deterrence of Aggression” campaign. This opened the door wide for a transitional phase toward rebuilding the Syrian political system on the foundations of political pluralism, popular participation, and respect for human rights.
This phase came after the Military Operations Department announced on December 9, 2024, the formation of a caretaker government as an interim measure. This was followed by an agreement on December 24 to dissolve all military factions and integrate them under the umbrella of the Ministry of Defense. This led to the official declaration of the “victory of the revolution” on January 30, 2025, and the appointment of Mr. Ahmed al-Sharaa as interim president of Syria.
These developments marked a fundamental turning point, not only because they brought an end to a long era of tyranny that spanned more than half a century, but also because they held real opportunities for a democratic political transition that would put an end to the centralized and exclusionary Assad regime and establish a pluralistic system that enshrines political participation for all Syrians without discrimination or exclusion.
However, the transitional phase faces a number of complex challenges, most notably weak state institutions, deep societal divisions, interference by external powers, and the economic and social crisis left behind by years of conflict.
The Syrian Network for Human Rights (SNHR) has put forward a vision aimed at overcoming these challenges by developing a comprehensive roadmap for political transition, beginning with the formation of a governing body, followed by the drafting of an interim constitutional declaration, the formation of an effective transitional government, and finally the drafting of a permanent constitution and the holding of free and fair elections that establish a stable and democratic system of government. The vision also emphasizes the need to establish a national transitional justice commission to address past violations and achieve national reconciliation.
This article seeks to analyze this vision by presenting a detailed framework that outlines the practical steps required to ensure a successful political transition that achieves political pluralism, justice, and stability, and protects Syria from the risks of a return to tyranny or internal conflict. It also highlights the pivotal role of political forces, civil society organizations, and international support in ensuring the success of this pivotal phase in Syria’s history.
From Revolutionary Legitimacy to Political Pluralism
Revolutionary legitimacy represents the political and legal framework upon which the forces that overthrew the old regime relied. It stems primarily from a radical break with the previous regime.
In the Syrian case, the transitional phase derived its revolutionary legitimacy from the overthrow of the Assad regime in December 2024, which granted the new leadership a temporary popular mandate to manage the country’s affairs during this sensitive period.
While this legitimacy is important in consolidating the foundations of transitional governance and preventing political chaos, its continuation for a long period without transforming it into a pluralistic system carries serious risks.
One of the most prominent of these risks is the concentration of power in the hands of a limited number of political actors, which could lead to the reproduction of old patterns of authoritarian rule and undermine the foundations upon which the revolution was built.
First: Forming a Governing Body
The process of forming a governing body is a pivotal step toward ensuring an orderly political transition from revolutionary legitimacy to a pluralistic political system in Syria. The importance of this body is highlighted by its role in promoting political participation and societal stability during the transitional phase.
The existence of a governing body that includes diverse political and social forces represents a fundamental guarantee for the inclusion of all components of the Syrian people. This enhances confidence in the political process, prevents the monopolization of power by a particular group, and reduces the likelihood of new conflicts.
To ensure the success and effectiveness of this body, its members must be selected according to clear and specific criteria. The most important of these criteria is ensuring comprehensive representation of all segments of Syrian society, including political, religious, ethnic, and regional diversity, with the aim of preventing the marginalization or exclusion of any group.
Members of the body must also possess standards of professional competence and practical experience in the fields of governance, law, and administration. They must also maintain personal integrity and distance themselves from anyone involved in corruption or human rights violations.
To achieve broad popular acceptance of the body, credible figures based on revolutionary legitimacy and a clear commitment to pluralism, respect for human rights, and the rule of law must be selected.
As for the mechanisms for selecting members of the governing body, a national consensus approach should be adopted, through broad consultations among political forces, civil society organizations, and representatives of various societal groups, to arrive at a list of widely accepted members.
Independent and neutral committees can be used to verify that candidates meet agreed-upon criteria, enhancing the transparency and credibility of the process in the eyes of the public.
Regarding the structure of the governing body, it is important to distribute powers in a balanced and clear manner among the three branches of government: the executive, the legislative, and the judicial. In this context, the executive branch is responsible for managing the transitional phase and implementing agreed-upon policies, while the legislative branch exercises its role in issuing the necessary legislation and monitoring the government’s performance. The judiciary ensures its complete independence in monitoring the implementation of laws and protecting citizens’ fundamental rights and freedoms, thus establishing a solid legal foundation for the democratic transition process.
Finally, the international role in supporting the governing body should be advisory and technical only, limited to providing the necessary technical assistance and consultations without interfering with the independence of Syrian national decision-making. International bodies can provide technical expertise, training, and mediation in the event of internal disputes, while emphasizing the need to respect Syria’s national sovereignty and not impose external solutions. This approach ensures a balance between leveraging international support and preserving the independence and credibility of the transitional process among Syrians.
Second: Issuing a Temporary Constitutional Declaration
In the complex transitional context following the fall of authoritarian regimes, a constitutional declaration provides a clear and temporary legal framework that defines the rules for governing state affairs and the powers of transitional institutions. This helps reduce the risk of political chaos and avoid a potential constitutional vacuum.
The preparation of this constitutional declaration requires broad and effective participation from various national stakeholders. The process begins with the formation of a preparatory committee and a drafting committee, which preferably includes legal experts specializing in constitutional law, representatives of active political forces, and representatives of Syrian civil society to ensure inclusive representation of various segments of society.
This committee works to identify the key issues to be included in the constitutional declaration and drafts the initial text to reflect the general national consensus.
The Transitional Governing Body plays a pivotal role in overseeing this process, reviewing drafts of the Declaration and formally adopting them after securing broad national consensus on its provisions. The body must ensure full transparency throughout all stages of the Constitutional Declaration’s preparation, leading up to its final ratification.
Alongside political and institutional actors, the participation of civil society organizations is crucial. These organizations present proposals that reflect citizens’ aspirations, protect fundamental rights, and ensure the implementation of transitional justice standards.
Civil society organizations also oversee public consultation sessions to discuss the Declaration’s provisions and provide the broadest possible opportunity for community participation.
At the international level, its role is limited to providing technical and advisory support, while emphasizing its non-interference in Syrian sovereign decisions.
International organizations can provide technical and legal assistance to ensure that the provisions of the Constitutional Declaration comply with international standards for human rights and fundamental freedoms. They can also provide legal expertise to assist in the drafting and consultation process, without any form of interference or the imposition of external agendas.
The Constitutional Declaration must include several basic components, most notably: general principles of governance, including popular sovereignty, the rule of law, political pluralism, national unity, and national reconciliation.
It also includes a clear structure for transitional governance that defines the powers of the executive, legislative, and judicial branches, as well as emphasizing clear and independent transitional justice mechanisms aimed at achieving accountability and reconciliation. It is also essential that the declaration stipulate the reform of security institutions and their subjection to civilian oversight to enhance stability, and establish a specific timetable and clear mechanisms for organizing and conducting general elections, ensuring a smooth transition to a stable and democratic system of government.
Thirst: Formation of the transitional government
The process of forming a transitional government is one of the most critical and delicate steps during Syria’s transitional phase, as it reflects the governing body’s seriousness in achieving political pluralism and consolidating stability.
The President of the Transitional Phase, Mr. Ahmad al-Sharaa, in close consultation with the Transitional Governing Body, is responsible for selecting the members of this government. The President proposes a list of candidates for ministerial positions, which is then presented to the Governing Body for review and approval, or for requesting amendments if necessary, ensuring broad national consensus.
To ensure the success of the transitional government in fulfilling its pivotal role in managing the country’s affairs during this sensitive phase, clear and objective criteria must be adhered to when selecting ministers.
These criteria are primarily based on professional and practical competence. Individuals with the necessary experience to manage sensitive ministerial portfolios such as security, the judiciary, the economy, education, and health must be chosen. Members of the transitional government must also be impartial and free from any involvement in corruption or human rights violations.
In addition, the government must reflect a truly representative balance of all components of Syrian society, geographically, politically, and socially, while ensuring that it avoids militarizing the government by not appointing military leaders or controversial figures to sensitive civilian ministerial positions.
As for the priorities of the transitional government, achieving security and stability is at the forefront of these priorities. This requires urgent work to restructure the security and military institutions, subject them to strict civilian oversight, and prevent their use for political or partisan purposes.
The government is also responsible for ensuring the provision of basic services to citizens, including access to food, clean water, and healthcare, in addition to rehabilitating infrastructure in vital sectors such as education, health, and transportation.
The transitional government must also focus on managing the economy and addressing the humanitarian and social crisis resulting from the long years of conflict.
This requires implementing urgent, short-term economic policies to avoid economic collapse, while also working to attract the international support and foreign investments necessary for economic recovery.
These policies must also include urgent humanitarian and relief support programs targeting the communities most affected by the conflict, while establishing clear accountability and transparency mechanisms to ensure the effective and equitable management of resources during this critical transitional phase.
Fourth: Drafting the permanent constitution
The drafting of a permanent constitution is a crucial step in Syria’s transitional process. It ends the temporary legal status quo governed by the Constitutional Declaration and establishes a permanent and stable framework for governance that consolidates the foundations of democracy and political pluralism.
The permanent constitution is not merely a legal document; it is the foundation of the state’s political legitimacy. It defines the supreme principles and fundamental values upon which the new system of government is based. It also outlines fundamental rights and freedoms, as well as mechanisms for ensuring the rule of law and protecting citizens’ rights.
The process of drafting a permanent constitution begins with the formation of a constituent committee with broad legitimacy, which will be primarily responsible for preparing the draft constitution.
Members of the committee can be selected through one of three mechanisms: direct popular election (ideal, but potentially difficult to implement in transitional circumstances), direct appointment by the transitional governing body in consultation with political forces and civil society, or a combination of both mechanisms to achieve a balance between popular legitimacy and operational efficiency.
The composition of the Constituent Assembly should clearly reflect Syria’s diversity, including constitutional law experts, representatives of political parties, civil society organizations, women, and youth, as well as representatives from conflict-affected areas, to ensure inclusiveness and fair representation of all social and political groups.
The Constituent Assembly is tasked with drafting the constitution through a broad, participatory process based on open national consultations, enhancing the legitimacy of the constitution and ensuring it truly reflects the aspirations of the Syrian people.
These consultations include organizing extensive dialogue sessions in various regions and conducting questionnaires and opinion polls to enable citizens to express their opinions and suggestions on the key issues that the constitution should address.
As for the contents to be included in the constitution, it is essential to define the form of government (presidential, parliamentary, or mixed), clearly defining the relationship between powers and mechanisms for separating and balancing them to prevent the concentration of power and prevent tyranny.
The constitution should also clearly and precisely guarantee the fundamental rights and freedoms of citizens, including freedom of expression, religion, assembly, women’s rights, minority rights, and equality before the law for all Syrians.
It is also important that the new constitution enshrine the principle of administrative decentralization, allowing broader powers to governorates and local administrations within the framework of the unity of the Syrian state.
After the draft constitution is completed, it will be publicly reviewed by the Transitional Legislative Council, opening the way for a broad national debate on its content.
This stage is followed by the final ratification phase, which preferably takes place through a popular referendum to ensure the highest level of popular legitimacy for the constitution.
If security or logistical conditions do not permit a general referendum, the draft may be adopted by the Transitional Legislative Council as an alternative, temporary option to ensure the political process and democratic transition are not disrupted.
Parliamentary and presidential elections
Parliamentary and presidential elections constitute the final stage of the roadmap for political transition in Syria. These elections represent an essential mechanism for the democratic transfer of power from the transitional government to a legitimate, elected government that freely and fairly expresses the will of the Syrian people. To ensure the success of this sensitive phase of the political transition, a set of basic conditions and criteria must be met. Foremost among these conditions is achieving an adequate level of security and stability throughout the country, ensuring that voters and candidates are not subjected to any form of violence, threats, or coercion. Polling stations must be secured in all Syrian regions, including areas that have witnessed armed conflict, and safe conditions must be provided for the return of refugees and displaced persons, enabling them to exercise their right to vote.
Successful elections also require a clear legal and institutional framework, including the adoption of a fair and equitable electoral law in accordance with international standards. This law defines the mechanisms for candidacy and voting, as well as controls on electoral financing to ensure fair competition. This should be accompanied by the establishment of an independent electoral commission with full powers, tasked with organizing and overseeing the elections impartially. This commission should be comprised of judges, legal experts, and civil society representatives, as well as committees specialized in handling electoral appeals and complaints that may arise during or after the electoral process.
On the other hand, ensuring inclusive and broad participation is a crucial condition for the success of the elections. This includes providing appropriate conditions for the participation of all Syrians inside and outside the country, with particular attention paid to ensuring the participation of displaced persons and refugees by establishing special polling stations in countries of asylum.
Ensuring participation also requires fair and equitable representation of minorities and marginalized groups, including women and youth, through policies that encourage and facilitate their participation, contributing to strengthening political legitimacy and truly democratic representation.
At the organizational level, an independent electoral commission should be formed to register voters according to precise mechanisms that ensure the inclusiveness of electoral lists and manage the entire electoral process, from the nomination stage through the election campaigns, to the counting and announcement of results.
This committee must enjoy complete independence in its decision-making to prevent any political or partisan interference or influence. Candidates must be given equal and fair access to official and private media outlets, and public debates must be held to allow the public to clearly and transparently understand the candidates’ platforms. Regarding international oversight, its role must be advisory and oversight-based, without infringing on Syrian national sovereignty. It is important that international bodies, such as the United Nations or the European Union, limit their mandate to sending international observers to monitor and observe the elections, and provide technical support in the areas of training and vote security, without interfering in the selection of candidates or imposing specific political agendas.
This limited role contributes to enhancing the credibility of the elections and ensuring their integrity without compromising the independence of Syrian decision-making. Therefore, adherence to these conditions and procedures will ensure fair parliamentary and presidential elections, leading to a stable, democratic, and pluralistic political system that expresses the will of the Syrian people and forms a solid foundation for building the future of the new Syrian state.
Conclusion
Implementing the steps outlined in this vision is an urgent necessity to ensure the success of the political transition in Syria and achieve a sustainable transition toward democracy and political pluralism.
The transitional governing body and interim government’s commitment to the standards of participation, transparency, efficiency, and judicial independence, as well as the issuance of a clear constitutional declaration, the drafting of a permanent constitution that reflects the aspirations of all Syrians, and the holding of free and fair elections are essential conditions for achieving political stability and preventing the return of tyranny or the slide into new conflicts.
In this context, constructive cooperation between local and international actors remains a crucial factor in the success of the transitional process. National consensus, technical and advisory support from the international community while fully preserving national sovereignty, and empowering Syrian civil society and strengthening its oversight and awareness-raising role create a conducive political and social environment for rebuilding the Syrian state on the foundations of pluralism, democracy, and respect for human rights.
The responsibility for the success of the political transition in Syria falls on everyone, both locally and internationally, for a sustainable future that guarantees the rights of all Syrians without discrimination or exclusion.
