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The new Syrian constitution
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Kuwaiti Girl
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Russia offers outline for Syrian constitution
Russia’s three-pronged plan for Syria’s constitution addresses secular and Kurdish concerns, as well as governmental structure, including limits on presidential power.
http://al-monitor.com/pulse/origina...ing-syria-opposition-moscow-constitution.html
On Jan. 27, Russia Foreign Minister Sergey Lavrov hosted a group of Syrian opposition representatives in Moscow. After the talks earlier this week in Astana, Kazakhstan, Moscow was looking to double down on its mediation role, even though big news wasn’t expected from the meeting at Russia’s Foreign Ministry.
A Russian journalist covering the event was skeptical: “These aren’t the militant opposition groups that were present in Astana; this is just some ‘tamed opposition.’” Indeed, the people involved in the Moscow meeting were mainly from the so-called Hmeymim, Moscow-Cairo and Astana opposition groups that are deemed Russia-friendly, though it took Moscow time and effort to make it happen.
The Saudi-backed High Negotiations Committee of the Syrian opposition (HNC), which had also been invited to the talks, refused to attend, allegedly demanding an “individual meeting” with Russians. Addressing the opposition leaders in his opening remarks, Lavrov complained, “If we always squared up with [the HNC’s] position we’d never start negotiations on the Syria peace settlement.” Another opposition formation, the National Coalition for Syrian Revolutionary and Opposition Forces (SNC) also canceled its meeting with Lavrov and declined the draft of a constitution offered by Russia.
Lavrov’s two-hour meeting with 10 representatives from opposition groups — regardless of how powerful they are — was indicative of Moscow’s approach to the Syria peace process. It’s critical for Moscow at this stage to get as many intra-Syrian and regional stakeholders to support Russia’s mediation efforts, and ideally to share its own vision for how the process should be implemented. The approach seeks to raise Russia’s regional credibility and its ability to offer constructive solutions, and leans on Moscow’s flexibility to work with all the interested players.
Russia invited three officials from the Kurdish nationalist Democratic Union Party (PYD) to the meeting with Lavrov, where they reportedly presented their version of a constitution for a federative republic.
Putin’s own meeting with the king of Jordan on Jan. 25 followed the same pattern.
“Astana was a qualitatively new step in the Syrian peace settlement,” said Lavrov, as his deputy, Mikhail Bogdanov — who is also Putin’s envoy on Middle Eastern and African Affairs — nodded in consent. The Astana conference hadn’t produced any substantial breakthroughs, but there were two important takeaways that could be helpful in the long run.
First, both the Syrian government and the opposition reiterated their commitment to seek a peaceful political solution to the civil war. Second, the Astana event transformed the peace talks to the point where militant opposition groups that previously hadn’t participated in the process but were critical to the situation on the ground are now expected to be present at UN-sponsored talks next month in Geneva.
The top initiative that Russians elaborated on in Moscow was a proposed Syrian constitution. Moscow insists it was designed “in accordance with the positions of Damascus, the opposition and the interests of the regional states.” Although the draft hasn’t yet been officially presented, some of it was leaked, supposedly by an opposition representative, and appeared in the Russian press.
The 27 provisions listed in the draft cover the three most important aspects of Syria’s future.
One has to do with the nature of the new state: The draft suggests dropping the word “Arab” from the country’s official name, thus making it “Syrian Republic.” The current provision enshrining "Islamic law as a main source of legislation" would be rejected along with the present constitutional provision requiring the president to be Muslim. These are the legal means suggested to make new Syria a freer, more open and all-inclusive state and a society with equal opportunities for social and political participation for everyone.
The second aspect deals with the very institution of the presidency: It would stipulate a seven-year term with no right to run for a second consecutive term. The president would still be commander-in-chief, but could only announce an emergency situation and call for a general mobilization with approval from a new body to be called the "Assembly of Regions.” Also, the president’s power to appoint the heads of the Constitutional Court and the Central Bank would be passed to the parliamentary People's Assembly.
The third part of the draft has to do with the state structure and stipulates decentralizing government and empowering local councils. It also seeks to leave aside the current quota system for parliamentary membership. One issue that has stirred debate is a provision allowing for “autonomy of Kurdish regions,” which Russia sees as an adequate compromise for the country’s federalization. A provision stipulating equal rights for Kurds and Arabs on Kurdish territories is also remarkable. Moreover, under the proposed draft, every region in the country should be given the right to legalize the use of a language of the region’s majority — in addition to the state language and in accordance with the law.
The proposals quickly developed supporters and opponents across all ranks of political groups in Syria and beyond. So far, the Kurdish issue is the most controversial. Turkey, Damascus and the Arab opposition forces all have their own caveats about the proposed autonomy — and it doesn’t please the Kurds, either, as they want more. The expectation in Moscow is that, at the end of the day, the parties will share the view that extreme, uncompromising positions will mean no end to the civil war in the near future, while the proposed formula may be the best possible solution under the current circumstances.
Some opponents have said Russia’s draft is similar to the constitution the United States drew up for Iraq. Lavrov waves off the accusations as groundless: “These are just proposals, we are not intending to impose them. Syrians themselves should be discussing them. … It’s just that our five-year-long experience taught us that you will never get started with any work unless there are some concrete proposals on the table.”
Konstantin Kosachev, the head of the Russian Senate’s Foreign Relations Committee, earlier echoed similar sentiments saying Russia was not imposing the constitution project, but looked at it rather as “our contribution to catalyze the peace process.”
So far, rather than pushing the proposals, Moscow is waiting to see how they are received and what counterproposals might be made. Being cautiously optimistic about the draft’s prospects, Moscow also is bearing in mind the real, objective limits to the process.
“Wars like this tend to smolder for at least 20-25 years,” a retired Russian senior military official told Al-Monitor, “so Syria will long haunt all of us, even if some progress is achieved at any point.”
Russia’s three-pronged plan for Syria’s constitution addresses secular and Kurdish concerns, as well as governmental structure, including limits on presidential power.
http://al-monitor.com/pulse/origina...ing-syria-opposition-moscow-constitution.html
On Jan. 27, Russia Foreign Minister Sergey Lavrov hosted a group of Syrian opposition representatives in Moscow. After the talks earlier this week in Astana, Kazakhstan, Moscow was looking to double down on its mediation role, even though big news wasn’t expected from the meeting at Russia’s Foreign Ministry.
A Russian journalist covering the event was skeptical: “These aren’t the militant opposition groups that were present in Astana; this is just some ‘tamed opposition.’” Indeed, the people involved in the Moscow meeting were mainly from the so-called Hmeymim, Moscow-Cairo and Astana opposition groups that are deemed Russia-friendly, though it took Moscow time and effort to make it happen.
The Saudi-backed High Negotiations Committee of the Syrian opposition (HNC), which had also been invited to the talks, refused to attend, allegedly demanding an “individual meeting” with Russians. Addressing the opposition leaders in his opening remarks, Lavrov complained, “If we always squared up with [the HNC’s] position we’d never start negotiations on the Syria peace settlement.” Another opposition formation, the National Coalition for Syrian Revolutionary and Opposition Forces (SNC) also canceled its meeting with Lavrov and declined the draft of a constitution offered by Russia.
Lavrov’s two-hour meeting with 10 representatives from opposition groups — regardless of how powerful they are — was indicative of Moscow’s approach to the Syria peace process. It’s critical for Moscow at this stage to get as many intra-Syrian and regional stakeholders to support Russia’s mediation efforts, and ideally to share its own vision for how the process should be implemented. The approach seeks to raise Russia’s regional credibility and its ability to offer constructive solutions, and leans on Moscow’s flexibility to work with all the interested players.
Russia invited three officials from the Kurdish nationalist Democratic Union Party (PYD) to the meeting with Lavrov, where they reportedly presented their version of a constitution for a federative republic.
Putin’s own meeting with the king of Jordan on Jan. 25 followed the same pattern.
“Astana was a qualitatively new step in the Syrian peace settlement,” said Lavrov, as his deputy, Mikhail Bogdanov — who is also Putin’s envoy on Middle Eastern and African Affairs — nodded in consent. The Astana conference hadn’t produced any substantial breakthroughs, but there were two important takeaways that could be helpful in the long run.
First, both the Syrian government and the opposition reiterated their commitment to seek a peaceful political solution to the civil war. Second, the Astana event transformed the peace talks to the point where militant opposition groups that previously hadn’t participated in the process but were critical to the situation on the ground are now expected to be present at UN-sponsored talks next month in Geneva.
The top initiative that Russians elaborated on in Moscow was a proposed Syrian constitution. Moscow insists it was designed “in accordance with the positions of Damascus, the opposition and the interests of the regional states.” Although the draft hasn’t yet been officially presented, some of it was leaked, supposedly by an opposition representative, and appeared in the Russian press.
The 27 provisions listed in the draft cover the three most important aspects of Syria’s future.
One has to do with the nature of the new state: The draft suggests dropping the word “Arab” from the country’s official name, thus making it “Syrian Republic.” The current provision enshrining "Islamic law as a main source of legislation" would be rejected along with the present constitutional provision requiring the president to be Muslim. These are the legal means suggested to make new Syria a freer, more open and all-inclusive state and a society with equal opportunities for social and political participation for everyone.
The second aspect deals with the very institution of the presidency: It would stipulate a seven-year term with no right to run for a second consecutive term. The president would still be commander-in-chief, but could only announce an emergency situation and call for a general mobilization with approval from a new body to be called the "Assembly of Regions.” Also, the president’s power to appoint the heads of the Constitutional Court and the Central Bank would be passed to the parliamentary People's Assembly.
The third part of the draft has to do with the state structure and stipulates decentralizing government and empowering local councils. It also seeks to leave aside the current quota system for parliamentary membership. One issue that has stirred debate is a provision allowing for “autonomy of Kurdish regions,” which Russia sees as an adequate compromise for the country’s federalization. A provision stipulating equal rights for Kurds and Arabs on Kurdish territories is also remarkable. Moreover, under the proposed draft, every region in the country should be given the right to legalize the use of a language of the region’s majority — in addition to the state language and in accordance with the law.
The proposals quickly developed supporters and opponents across all ranks of political groups in Syria and beyond. So far, the Kurdish issue is the most controversial. Turkey, Damascus and the Arab opposition forces all have their own caveats about the proposed autonomy — and it doesn’t please the Kurds, either, as they want more. The expectation in Moscow is that, at the end of the day, the parties will share the view that extreme, uncompromising positions will mean no end to the civil war in the near future, while the proposed formula may be the best possible solution under the current circumstances.
Some opponents have said Russia’s draft is similar to the constitution the United States drew up for Iraq. Lavrov waves off the accusations as groundless: “These are just proposals, we are not intending to impose them. Syrians themselves should be discussing them. … It’s just that our five-year-long experience taught us that you will never get started with any work unless there are some concrete proposals on the table.”
Konstantin Kosachev, the head of the Russian Senate’s Foreign Relations Committee, earlier echoed similar sentiments saying Russia was not imposing the constitution project, but looked at it rather as “our contribution to catalyze the peace process.”
So far, rather than pushing the proposals, Moscow is waiting to see how they are received and what counterproposals might be made. Being cautiously optimistic about the draft’s prospects, Moscow also is bearing in mind the real, objective limits to the process.
“Wars like this tend to smolder for at least 20-25 years,” a retired Russian senior military official told Al-Monitor, “so Syria will long haunt all of us, even if some progress is achieved at any point.”
Kuwaiti Girl
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Syrian Kurds Welcome Russia's Proposed Draft Constitution for Syria
In an interview with Sputnik, Halit İsa, a representative of the Syrian Kurdish Democratic Union Party (PYD) in France, revealed the details of his Friday meeting in Moscow with Russian Foreign Minister Sergei Lavrov.
https://sputniknews.com/middleeast/201701311050194618-syria-draft-constitution/
“Mr. Lavrov familiarized us with the draft constitution for Syria prepared by Russia. He said that the text was not final and that we could feel free to make any amends we deemed fit,” Halit Isa told Sputnik Arabic.
Describing the meeting as “positive,” Isa said that Russia was inviting all Syrian opposition forces and representatives of “democratic autonomies” to the negotiating table.
“The Russian-prepared draft proposes deleting the word ‘Arab’ from the country’s official name, which reads as the ‘Syrian Arab Republic,’ because there are many ethnic groups living in Syria, including Kurds, Armenians, Assyrians, Circassians and others.”
Halit İsa also praised the Russian draft for underscoring Syria’s status as a secular state as compared to the old constitution, which contained articles based on Sharia law.
“We have representatives of various confessions living in Syria,” he noted.
“During the meeting we presented our own draft to Russian officials and opposition representatives who said they were ready to study it. We also need to talk with opposition members who were not present in Moscow and then send a delegation to the Geneva talks.”
Halit İsa added that Russian representatives had agreed that without PYD representatives present at next month’s meeting in Geneva the sides would fail to reach agreement because “Kurds are a leading force in this process and must be present in Geneva.”
In an interview with Sputnik Arabic, Zuhat Kobane, the man responsible for the PYD’s relations with Europe, described the constitutional draft proposd by Russia as an important and very positive step for the future Syrian state.
“We welcome this step, just like we do any other initiative aimed at bringing about a political solution to the Syrian crisis,” he said, adding that if other influential forces in Syria refuse to join in this would seriously undermine efforts to end the crisis.
“Aware of this, some regional powers have already put forward preliminary conditions for a political settlement, which we believe will lead us nowehere. This is why all previous rounds of the Geneva talks fell through. We believe that all Syrian political forces should join hands building a united, democratic Syrian federation, not on behalf of some other countries, but as representatives of the Syrian people,” he emphasized.
In an interview with Sputnik Arabic, Alyan Masaad, the chief delegate of the Group of Internal Syrian Opposition (Hmeymim), spoke about Friday’s consultations in Moscow.
“Minister Lavrov spoke at length about the recent talks in Astana and about the international situation and urged us to take part in the Geneva talks.
He said he wanted all sides to come to the negotiating table and carefully listen to each other,” he said.
As for [the Russian draft], “it is less than a draft, these are just the broad outlines given us by Deputy Foreign Minister Mikhail Bogdanov. It was published a year ago and was much discussed in Vienna.”
“I believe it is too secular. The problem is that some of its provisions go beyond the constitutional format. It is still acceptable to me and my delegation, especially its part about decentralization. You could call this self-rule or federalization and we support it, especially when it comes to the Kurds,” Masaad said.
He added that he was ”categorically against any political self-rule” though, saying said that it was fraught with separatism.
“In a politically decentralized country a regional council could change its political affiliation, hold a referendum and break away,” he warned.
Alyan Masaad also voiced disagreement with parts of the draft that are at variance with provisions "written and coordinated with the domestic opposition.”
“The proposed draft says that Syria will be a mix of a presidential and parliamentary republic, while our blueprint provides for a parliamentary republic where the president will be vested with considerable powers.”
“I’m not rejecting [the proposed draft] and not saying that it is bad, but it is not good for the Syria we have today. The country is fractured and drained by this war. It needs to pull itself together that’s why it needs a strong executive branch,” Alyan Masaad emphasized.
At the January 23-24 Syrian peace talks in Astana, Kazakhstan, Russia proposed a draft to serve as a "guide" for the Syrian constitution, outlining that it will be the Syrians who draft the final version, taking into account proposals made by both the government and the opposition.
In an interview with Sputnik, Halit İsa, a representative of the Syrian Kurdish Democratic Union Party (PYD) in France, revealed the details of his Friday meeting in Moscow with Russian Foreign Minister Sergei Lavrov.
https://sputniknews.com/middleeast/201701311050194618-syria-draft-constitution/
“Mr. Lavrov familiarized us with the draft constitution for Syria prepared by Russia. He said that the text was not final and that we could feel free to make any amends we deemed fit,” Halit Isa told Sputnik Arabic.
Describing the meeting as “positive,” Isa said that Russia was inviting all Syrian opposition forces and representatives of “democratic autonomies” to the negotiating table.
“The Russian-prepared draft proposes deleting the word ‘Arab’ from the country’s official name, which reads as the ‘Syrian Arab Republic,’ because there are many ethnic groups living in Syria, including Kurds, Armenians, Assyrians, Circassians and others.”
Halit İsa also praised the Russian draft for underscoring Syria’s status as a secular state as compared to the old constitution, which contained articles based on Sharia law.
“We have representatives of various confessions living in Syria,” he noted.
“During the meeting we presented our own draft to Russian officials and opposition representatives who said they were ready to study it. We also need to talk with opposition members who were not present in Moscow and then send a delegation to the Geneva talks.”
Halit İsa added that Russian representatives had agreed that without PYD representatives present at next month’s meeting in Geneva the sides would fail to reach agreement because “Kurds are a leading force in this process and must be present in Geneva.”
In an interview with Sputnik Arabic, Zuhat Kobane, the man responsible for the PYD’s relations with Europe, described the constitutional draft proposd by Russia as an important and very positive step for the future Syrian state.
“We welcome this step, just like we do any other initiative aimed at bringing about a political solution to the Syrian crisis,” he said, adding that if other influential forces in Syria refuse to join in this would seriously undermine efforts to end the crisis.
“Aware of this, some regional powers have already put forward preliminary conditions for a political settlement, which we believe will lead us nowehere. This is why all previous rounds of the Geneva talks fell through. We believe that all Syrian political forces should join hands building a united, democratic Syrian federation, not on behalf of some other countries, but as representatives of the Syrian people,” he emphasized.
In an interview with Sputnik Arabic, Alyan Masaad, the chief delegate of the Group of Internal Syrian Opposition (Hmeymim), spoke about Friday’s consultations in Moscow.
“Minister Lavrov spoke at length about the recent talks in Astana and about the international situation and urged us to take part in the Geneva talks.
He said he wanted all sides to come to the negotiating table and carefully listen to each other,” he said.
As for [the Russian draft], “it is less than a draft, these are just the broad outlines given us by Deputy Foreign Minister Mikhail Bogdanov. It was published a year ago and was much discussed in Vienna.”
“I believe it is too secular. The problem is that some of its provisions go beyond the constitutional format. It is still acceptable to me and my delegation, especially its part about decentralization. You could call this self-rule or federalization and we support it, especially when it comes to the Kurds,” Masaad said.
He added that he was ”categorically against any political self-rule” though, saying said that it was fraught with separatism.
“In a politically decentralized country a regional council could change its political affiliation, hold a referendum and break away,” he warned.
Alyan Masaad also voiced disagreement with parts of the draft that are at variance with provisions "written and coordinated with the domestic opposition.”
“The proposed draft says that Syria will be a mix of a presidential and parliamentary republic, while our blueprint provides for a parliamentary republic where the president will be vested with considerable powers.”
“I’m not rejecting [the proposed draft] and not saying that it is bad, but it is not good for the Syria we have today. The country is fractured and drained by this war. It needs to pull itself together that’s why it needs a strong executive branch,” Alyan Masaad emphasized.
At the January 23-24 Syrian peace talks in Astana, Kazakhstan, Russia proposed a draft to serve as a "guide" for the Syrian constitution, outlining that it will be the Syrians who draft the final version, taking into account proposals made by both the government and the opposition.
Kuwaiti Girl
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Kurdish Issue: How Russia's Draft Constitution May Prevent Syria's Fragmentation
While a heated debate continues to simmer over Russia's draft constitution for Syria, Christopher Assad political observer of Syrian origin, told Sputnik that the constitution is likely to "restore real ethnic, religious, social and cultural harmony to the diverse sectors of Syrian society." He stressed that "Syria must avoid decentralization."
https://sputniknews.com/politics/201702071050439473-syria-russia-draft-constitution/
A series of Syrian peace negotiations launched by Russia, Turkey and Iran in Kazakhstan's capital of Astana is paving the way for political resolution of the ongoing conflict.
Speaking to Sputnik, Christopher Assad, Canada-based political observer and writer of Syrian origin, emphasized the importance of peace efforts taken by regional and non-regional parties.
"The current peace process is aimed at reaching a peaceful political settlement between the negotiating parties. These include non-Syrian parties who have their national security concerns to address, in order to settle the geostrategic goals of all protagonists in that region in particular and globally in general," Assad told Sputnik.
"The Syrian people, military and political leadership would like more than any, to restore peace and stability to their country, but are fully aware that such cannot be done unless the enemies of the state stop their military, financial and logistical support to the armed gangs on the ground in the Syrian theatre," he stressed.
Why Bashar al-Assad is Still Open to Dialogue With Armed Opposition
Meanwhile, some observers call attention to the fact that the so-called armed Syrian opposition is comprised of various groups backed by different foreign sponsors. The observers say that these fighters have no legitimacy on the ground. Why did the Syrian government decide to hold a dialogue with these groups? How does it affect the current situation?
"This is part and parcel of the Realpolitik the Syrian government has adopted since the onset of the insurgency. They had their door open for negotiations with any of the opposition groups, including the armed ones," Assad explained.
"President [Bashar] al-Assad, the Syrian leader, has [repeatedly] reiterated his unequivocal position with regard to achieving a political settlement in his public interviews. Basically a two-pronged approach; that of creating a government department that would facilitate the internal reconciliation process which would lead to settlements or mass amnesties and that of making it a priority to negotiate with all opposition groups, anytime and anywhere, in order to achieve a peaceful settlement of the crisis," the political observer emphasized.
Assad underscored that the Syrian President's position is in line with international law.
"The Syrian president's position is in full compliance with the relevant UN resolutions and the International laws and conventions governing armed insurrections against legitimate governments. The president has a moral and constitutional duty to defend the sovereignty and territorial integrity of the state he is leading," the political observer said.
The writer admitted that "the Syrian street" is currently divided over this issue with some people opposing the negotiation-amnesty process.
"The Syrian street is divided over this issue. Many people are against the negotiation-amnesty process, but there are those who in favor," he noted.
"In the end, the current strategy seems to be working and people are more optimistic than ever that a political settlement is indeed achievable, especially after the liberation of Aleppo the end of Obama's administration, and the obvious U-Turn in Russian-Turkish relations," Assad pointed out.
'Syrian Republic' and Pan-Arab Nationalists
And what about Russia's proposed draft constitution for Syria? Is it possible that the creation of a new Syrian Constitution could ease tensions and pave the way for the resolution of the current crisis?
"The 'draft' constitution which got circulated raises more questions than it settles," Assad responded.
"It is not a secret that after the atrocities and international terrorism the Syrians and the world have witnessed in the past six years, Syria must [remain] a secular state. This eventuality is shared by many, but [it] is obviously rejected by some Syrians and most in the Middle East," he said.
On the other hand, those who have pan-Arab views are against removing the word "Arab" from the country's name — the Syrian Arab Republic.
"People who have pan-Arab nationalist leanings are objecting to the fact of removing 'Arab' from the name of the republic. It would be good to remind these people that this word, aside from not reflecting reality, did not exist when the modern Syrian state was created in 1919," the political observer emphasized.
The Kurdish Issue and New 'Cultural Autonomy'
The Kurdish issue has become yet another apple of discord.
"Then you have those who have what I call a 'Kurdiphobia', objecting to the very hypothetical 'autonomous communities' theory, which even the [Syrian] government has already agreed from the outset its willingness to discuss," Assad highlighted.
Russia's draft mentions the establishment of "Kurdish cultural autonomy." The passage has prompted a heated debate among journalists and international observers.
Commenting on the issue, Al-Monitor highlighted that the issue of "Kurdish autonomy" remains the most controversial one for Syrians.
However, the media outlet failed to specify what the difference between "autonomy" and "cultural autonomy" actually was.
A "national cultural autonomy" (NCA) was designed to prevent ethnic conflicts within a multi-national state by offering national minorities constitutionally guaranteed rights and non-territorial self-determination.
As a rule the NCA is implemented to ensure the rights of ethnic minorities and to protect their culture, language, national practices and traditions. The NCA does not apply to a particular territory but to all members of an ethnic minority group.
While the roots of the NCA concept go deep into history, the idea took on new significance in the beginning of the 20th century in the Austrian-Hungarian Empire. Karl Renner, a constitutional lawyer and Social Democratic statesman advocated the implementation of the NCAs to prevent the Empire's disintegration along ethnic lines and to protect the rights of ethnic minority groups under the roof of Austria-Hungary.
Since those times the concept has become part of international juridical practice.
In light of this the much discussed issue of Kurdish "autonomy" acquires a new meaning and eases fears over potential "federalization" or "disintegration" of the sovereign Syrian state.
Any Constitutional Changes Require Nation-Wide Referendum
In his interview with Sputnik Christopher Assad highlighted that potential constitutional changes could be adopted only through a nation-wide referendum.
"Given the ripples the tabling of this draft has caused, it should be noted that not only any constitutional changes would be subject to a referendum, but also that the Kurds do not form a homogenous community in any part of Syria," the political observer said.
"In addition to that the [Syrian] government is on record for allowing for cultural and administrative autonomy where the numbers warrant," Assad remarked.
"I must add a personal note, Syria must avoid decentralization," he stressed, "Here, I make the distinction between decentralization and 'autonomous communities'. They are not the same."
Meanwhile, some observers have rushed to claim that Damascus has already rejected Russia's draft or some of its provisions, citing remarks made by the head of the Syrian Arab Republic delegation, Bashar al-Jaafari, during the Astana talks.
In particular, Paul Antonopoulos of Al-Masdar News reported last Wednesday that "Syria rejected Russia's suggestions on autonomous communities in Syria, including Kurds."
According to Assad, such assumptions in fact have no basis.
"One thing that Dr. Al-Jaafari and three Guarantors, Russia, Iran and Turkey, have underlined is exactly what the Syrian government and people want: full sovereignty over the entire Syrian geography. The state will remain intact," the political observer highlighted.
"At the end of the day, the constitution remains a hot issue, but once adopted in the proposed format, it would be a blessing for Syrians and Syria as a whole, as it would restore real ethnic, religious, social and cultural harmony to the diverse sectors of Syrian society," he opined.
Speaking to his French counterpart Jean-Marc Ayrault last Friday Russian Foreign Minister Sergei Lavrov clarified that the draft Syrian constitution proposed by Russia was "an invitation to a conversation" aimed at finding common ground.
It is expected that the Astana talks would be followed by the Geneva negotiations at the end of February, 2017.
Can we expect a breakthrough during the upcoming Geneva talks?
"As you know, it all depends on whether [US] President [Donald] Trump will finally ease Russian/Syrian/Iranian fears and join in with them in fighting terrorism against Syria and Iraq by fully committing to coordinate and cooperate with the legitimate governments in these two countries," Assad concluded.
The views expressed in this article are solely those of the author and do not necessarily reflect the official position of Sputnik.
While a heated debate continues to simmer over Russia's draft constitution for Syria, Christopher Assad political observer of Syrian origin, told Sputnik that the constitution is likely to "restore real ethnic, religious, social and cultural harmony to the diverse sectors of Syrian society." He stressed that "Syria must avoid decentralization."
https://sputniknews.com/politics/201702071050439473-syria-russia-draft-constitution/
A series of Syrian peace negotiations launched by Russia, Turkey and Iran in Kazakhstan's capital of Astana is paving the way for political resolution of the ongoing conflict.
Speaking to Sputnik, Christopher Assad, Canada-based political observer and writer of Syrian origin, emphasized the importance of peace efforts taken by regional and non-regional parties.
"The current peace process is aimed at reaching a peaceful political settlement between the negotiating parties. These include non-Syrian parties who have their national security concerns to address, in order to settle the geostrategic goals of all protagonists in that region in particular and globally in general," Assad told Sputnik.
"The Syrian people, military and political leadership would like more than any, to restore peace and stability to their country, but are fully aware that such cannot be done unless the enemies of the state stop their military, financial and logistical support to the armed gangs on the ground in the Syrian theatre," he stressed.
Why Bashar al-Assad is Still Open to Dialogue With Armed Opposition
Meanwhile, some observers call attention to the fact that the so-called armed Syrian opposition is comprised of various groups backed by different foreign sponsors. The observers say that these fighters have no legitimacy on the ground. Why did the Syrian government decide to hold a dialogue with these groups? How does it affect the current situation?
"This is part and parcel of the Realpolitik the Syrian government has adopted since the onset of the insurgency. They had their door open for negotiations with any of the opposition groups, including the armed ones," Assad explained.
"President [Bashar] al-Assad, the Syrian leader, has [repeatedly] reiterated his unequivocal position with regard to achieving a political settlement in his public interviews. Basically a two-pronged approach; that of creating a government department that would facilitate the internal reconciliation process which would lead to settlements or mass amnesties and that of making it a priority to negotiate with all opposition groups, anytime and anywhere, in order to achieve a peaceful settlement of the crisis," the political observer emphasized.
Assad underscored that the Syrian President's position is in line with international law.
"The Syrian president's position is in full compliance with the relevant UN resolutions and the International laws and conventions governing armed insurrections against legitimate governments. The president has a moral and constitutional duty to defend the sovereignty and territorial integrity of the state he is leading," the political observer said.
The writer admitted that "the Syrian street" is currently divided over this issue with some people opposing the negotiation-amnesty process.
"The Syrian street is divided over this issue. Many people are against the negotiation-amnesty process, but there are those who in favor," he noted.
"In the end, the current strategy seems to be working and people are more optimistic than ever that a political settlement is indeed achievable, especially after the liberation of Aleppo the end of Obama's administration, and the obvious U-Turn in Russian-Turkish relations," Assad pointed out.
'Syrian Republic' and Pan-Arab Nationalists
And what about Russia's proposed draft constitution for Syria? Is it possible that the creation of a new Syrian Constitution could ease tensions and pave the way for the resolution of the current crisis?
"The 'draft' constitution which got circulated raises more questions than it settles," Assad responded.
"It is not a secret that after the atrocities and international terrorism the Syrians and the world have witnessed in the past six years, Syria must [remain] a secular state. This eventuality is shared by many, but [it] is obviously rejected by some Syrians and most in the Middle East," he said.
On the other hand, those who have pan-Arab views are against removing the word "Arab" from the country's name — the Syrian Arab Republic.
"People who have pan-Arab nationalist leanings are objecting to the fact of removing 'Arab' from the name of the republic. It would be good to remind these people that this word, aside from not reflecting reality, did not exist when the modern Syrian state was created in 1919," the political observer emphasized.
The Kurdish Issue and New 'Cultural Autonomy'
The Kurdish issue has become yet another apple of discord.
"Then you have those who have what I call a 'Kurdiphobia', objecting to the very hypothetical 'autonomous communities' theory, which even the [Syrian] government has already agreed from the outset its willingness to discuss," Assad highlighted.
Russia's draft mentions the establishment of "Kurdish cultural autonomy." The passage has prompted a heated debate among journalists and international observers.
Commenting on the issue, Al-Monitor highlighted that the issue of "Kurdish autonomy" remains the most controversial one for Syrians.
However, the media outlet failed to specify what the difference between "autonomy" and "cultural autonomy" actually was.
A "national cultural autonomy" (NCA) was designed to prevent ethnic conflicts within a multi-national state by offering national minorities constitutionally guaranteed rights and non-territorial self-determination.
As a rule the NCA is implemented to ensure the rights of ethnic minorities and to protect their culture, language, national practices and traditions. The NCA does not apply to a particular territory but to all members of an ethnic minority group.
While the roots of the NCA concept go deep into history, the idea took on new significance in the beginning of the 20th century in the Austrian-Hungarian Empire. Karl Renner, a constitutional lawyer and Social Democratic statesman advocated the implementation of the NCAs to prevent the Empire's disintegration along ethnic lines and to protect the rights of ethnic minority groups under the roof of Austria-Hungary.
Since those times the concept has become part of international juridical practice.
In light of this the much discussed issue of Kurdish "autonomy" acquires a new meaning and eases fears over potential "federalization" or "disintegration" of the sovereign Syrian state.
Any Constitutional Changes Require Nation-Wide Referendum
In his interview with Sputnik Christopher Assad highlighted that potential constitutional changes could be adopted only through a nation-wide referendum.
"Given the ripples the tabling of this draft has caused, it should be noted that not only any constitutional changes would be subject to a referendum, but also that the Kurds do not form a homogenous community in any part of Syria," the political observer said.
"In addition to that the [Syrian] government is on record for allowing for cultural and administrative autonomy where the numbers warrant," Assad remarked.
"I must add a personal note, Syria must avoid decentralization," he stressed, "Here, I make the distinction between decentralization and 'autonomous communities'. They are not the same."
Meanwhile, some observers have rushed to claim that Damascus has already rejected Russia's draft or some of its provisions, citing remarks made by the head of the Syrian Arab Republic delegation, Bashar al-Jaafari, during the Astana talks.
In particular, Paul Antonopoulos of Al-Masdar News reported last Wednesday that "Syria rejected Russia's suggestions on autonomous communities in Syria, including Kurds."
According to Assad, such assumptions in fact have no basis.
"One thing that Dr. Al-Jaafari and three Guarantors, Russia, Iran and Turkey, have underlined is exactly what the Syrian government and people want: full sovereignty over the entire Syrian geography. The state will remain intact," the political observer highlighted.
"At the end of the day, the constitution remains a hot issue, but once adopted in the proposed format, it would be a blessing for Syrians and Syria as a whole, as it would restore real ethnic, religious, social and cultural harmony to the diverse sectors of Syrian society," he opined.
Speaking to his French counterpart Jean-Marc Ayrault last Friday Russian Foreign Minister Sergei Lavrov clarified that the draft Syrian constitution proposed by Russia was "an invitation to a conversation" aimed at finding common ground.
It is expected that the Astana talks would be followed by the Geneva negotiations at the end of February, 2017.
Can we expect a breakthrough during the upcoming Geneva talks?
"As you know, it all depends on whether [US] President [Donald] Trump will finally ease Russian/Syrian/Iranian fears and join in with them in fighting terrorism against Syria and Iraq by fully committing to coordinate and cooperate with the legitimate governments in these two countries," Assad concluded.
The views expressed in this article are solely those of the author and do not necessarily reflect the official position of Sputnik.
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Syria is ruled by the Alawi/Nusayri sect which only contitute 10% of the Syrian population. While the Sunnis constitute over 80% of the population. Theologically, Alawites today claim to be Twelver Shiites, but traditionally they have been designated as “extremists – ghulat” and outside the bounds of Islam by the Muslim mainstream for their deification of Hazrat Ali. Only one holy book of the Alawites, Kitab al Majmu. There must be an end to the Alawi rule in Syria for a lasting peace.
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