Why is drafting a new constitution difficult?
Besides the obvious fact that drafting a new constitution depends on the cooperativeness of the current regime, there are multiple questions and challenges that have to be discussed in order to decide on a new constitution. Below, you get an overview of the main topics and challenges concerning the future of Syria.
Identity
Geography
Political system
Finance & economics
Transition
Identity
Identity is a complex topic, particularly in Syria. The country comprises a huge diversity of ethnic, linguistic and religious groups. How can a Syrian identity be defined? Does it allow for heterogeneity within itself?
Languages
Religions
Ethnicities
Geography
Creating Subnational Entities
Many academics and practitioners see the introduction of a decentralized system which distributes political power across multiple levels within a state as a promising and sustainable instrument for solving ethnic, cultural, religious and/or linguistic conflicts in heterogeneous societies. However, criteria for the creation of sub-national entities (e.g. regions or provinces) are controversial. The chosen model always depends on country-specific goals and strategies.
Our issue paper discusses this topic more in detail. Unfortunately, it is available only in German and Arabic but not in English.
If you are interested to dig deeper into this topic, download our according to issue paper here.
Territorial federations
Ethnic or anti-ethnic federations
Management of Natural Resources Rents
Syria is a resource-rich country comprising huge oil reserves mainly located in the North. The management of such resource rents is highly debated and each approach comprises benefits and disadvantages for different groups.
Centralist allocation can foster equal economic development across the country and thereby create superregional solidarity.
The centralist allocation may cause a feeling of injustice in resource-rich regions and comprises a proneness to high bureaucracy and corruption.
Citizens in resource-rich regions directly benefit from subnational allocation and get the opportunity to realize regional priorities.
The subnational allocation might lead to substantial economic differences across regions which can result in high conflict potential.
Shared management is the justest approach as the regions have a say in the allocation process and the central state can take care of a just allocation between the regions. This can prevent corruption and nepotism.
Shared management is the most complex approach. Which level decides about the allocation of which resource? This model brings about the risk of blockades and conflict between the central state and regions.
Political system
Power
Law
In order for a state to function, it needs people and institutions to bring it to life. As there is no international court which can effectively enforce human rights obligations under international law and to which individuals can address their complaints, it is primarily the responsibility of individual states to meet their obligations under international law and to ensure that human rights are fully realised and that individuals are effectively protected.
Local democracy
While democracy is often reduced to holding elections, there is a variety of ways how citizens of a democratic state can become involved in political decision-making processes and take an active part in shaping their immediate living environment. Sustainable local structures play a key role in this. No one can prevent representatives of political parties from establishing democratic structures within their organizations. With the material presented here, we hope to encourage this development.
Finance and Economics
Economic development plays a crucial role when discussing the future of Syria. No matter which fiscal model will be chosen, it should be determined and governed by the new constitution.
If you are interested to dig deeper into this topic, download our according to issue paper here.
Goals
Fiscal decentralisation aims at the decentralisation of costly and important tasks to guarantee a better provision of public goods and services.
Principles
The principle of coherence implies that the subnational entity which exercises the task has to bear the costs. The principle of subsidiarity determines that the central state is only responsible for the tasks that cannot be performed by the subnational entities.
Benefits
Fiscal decentralisation is more cost-efficient, more responsive to local needs and allows for more flexible political action in times of emergency.
Values
Fiscal decentralisation will only be successful when the following values are respected: fairness, solidarity and equality.
Political Transition
Transitional processes normally aim at changing an authoritarian regime into a democracy. The decisive characteristic of democracy in contrast to an authoritarian regime is its legitimacy. There are three important elements of legitimate political transition.
Our issue paper discussed this topic more in detail. Unfortunately, it is available only in German and Arabic but not in English.
If you are interested to dig deeper into this topic, download our according to issue paper here.
Elections
Elections
Census
Census
Constitutional process
Legitimate Constitutional Proces
Identity
Identity is a complex topic, particularly in Syria. The country comprises a huge diversity of ethnic, linguistic and religious groups. How can a Syrian identity be defined? Does it allow for heterogeneity within itself?
Language
Arabic, Kurdish, Turkish, Neo-Aramaic
Ethnicities
Arabs, Kurds, Assyrians, Western Aramaics, Turkmens
Religions
74% Sunni Muslims, 13% Shia Muslims, 10% Christians, 3% Druzes
