(Beirut) – Syria’s newly approved constitutional declaration, meant to govern the country’s transitional phase, concentrates power in the executive and could undermine the independence of the judiciary, Human Rights Watch said today.
The declaration, endorsed by interim President Ahmad al-Sharaa on March 13, 2025, grants the president significant authority, including over judicial and legislative appointments without any checks or oversight. The president’s broad authority raises serious concerns about the durability of the rule of law and human rights protections unless clear safeguards are put in place. The declaration justifies these extraordinary powers as necessary for Syria’s transitional phase.
“Without stronger safeguards and independent oversight, this declaration risks consolidating executive control at the expense of fundamental freedoms at a crucial time for Syria’s future,” said Adam Coogle, deputy Middle East director at Human Rights Watch. “Given the rampant unchecked authority of the previous government, it is paramount for Syria to establish a system that holds everyone accountable for their abuses and crimes.”
Al-Sharaa was declared president in late January 2025 following a conference of armed groups. He will lead the country for a transitional period of five years, as stipulated in article 52 of the constitutional declaration, until a permanent constitution is adopted and elections are held accordingly.
While transitional frameworks can warrant temporary extraordinary measures, they must not come at the expense of fundamental rights. The design of Syria’s new declaration risks entrenching authoritarian control rather than facilitating a genuine transition to a rights-respecting democracy.
Although the declaration affirms judicial independence, it lacks clear safeguards to ensure it in practice. One key concern is article 47, which grants the president the authority to appoint all seven members of the Higher Constitutional Court without parliamentary or other oversight. Without mechanisms to guarantee judicial independence or the creation of an independent body to oversee judicial appointments, promotions, discipline, and removals, the judiciary may have limited ability to hold the president accountable.
This provision would also likely strengthen the president’s influence over constitutional interpretation, excluding parliamentary input and leaving the judiciary vulnerable to external interference.
Under the declaration, the president also maintains near-total control over legislative appointments. Under article 24, the president personally appoints one-third of the members of the transitional parliament, with the remaining two-thirds selected by a committee, whose members are themselves appointed by the president.
The declaration does include provisions that appear to promote justice and human rights, but their effectiveness is uncertain without independent oversight. It calls for annulling exceptional laws from the Assad era, overturning unfair terrorism court rulings, restoring confiscated property, and establishing a transitional justice body to prevent impunity for war crimes and crimes against humanity. But it remains unclear whether these measures will be effectively carried out without independent oversight. The absence of safeguards for the judiciary and the lack of checks on executive power could diminish the potential for genuine accountability and the protection of human rights, Human Rights Watch said.
The framework also includes rights guarantees, such as the presumption of innocence, the prohibition of torture and enforced disappearance, the right to due process, and commitments to uphold international human rights treaties ratified by Syria. However, concerns remain about restrictions on free expression. Article 49(3) criminalizes “glorifying the obsolete al-Assad regime or its symbols” and “denying his crimes or praising, justifying, or trivializing them,” which given their broad and vague terms could be used to limit freedom of speech.
As president, al-Sharaa also wields executive control alongside a cabinet of ministers, whom he alone has the power to appoint and dismiss, as stipulated in articles 31 and 35 of the declaration. The declaration also establishes a rigid presidential model, with no parliamentary ability to impeach the president, approve or remove ministers, or check executive power. Abdulhameed Al-Awak, a member of the Draft Constitutional Declaration Committee, has also stated that cabinet ministers report solely to the president, further consolidating executive control.
Syrian authorities should revise the constitutional declaration to incorporate strong protections for judicial independence and legislative oversight, Human Rights Watch said. This would help ensure that Syria’s transition respects human rights, holds those responsible for past abuses accountable, and fosters a future of greater accountability.
“Syria’s transition should be a pathway to a rights-respecting democracy – not a pretext for entrenching authoritarian control,” Coogle said.
