Assad receives new Syrian constitution: What has changed?

Syrian President Bashar Assad ordered a referendum for February 26 on a new constitution that would allow political parties other than his ruling Baath Party, the centerpiece of reforms he has promised to ease the crisis, even as the Syrian military on Wednesday besieged rebellious areas.

On Sunday, President Assad received a copy of Syria's proposed new constitution, which took a national committee four months to produce.

Notably, the document drops Article 8 that gives the ruling Baath Party unique status as the "leader of state and society". The draft also says the president can hold office only for a maximum of two seven-year terms. Assad, who inherited power from his father, has been in power for nearly 12 years. His father, Hafez, ruled for 30 years.

The draft’s preamble confirms Syria’s Arabism and the first chapter says that Syria is a sovereign, democratic and republic state. The president’s religion is Islam and legislations must be based on Islamic Fiqh, provided that the state respects all religions.

The revised Article 8 stresses that the state’s political system will be based on the principle of pluralism, adding that democracy will be practiced through elections. No political activity, party or gathering will be allowed if based on religious or sectarian grounds.

Pertaining to the president, he must be Syrian by birth, born from two Syrian parents who should also be Syrian by birth. The president’s wife must also be Syrian. The President is elected by the people and assumes a maximum of two seven-year mandates.

Article 155 stipulates that the President’s mandate expires seven years following his presidential oath. The Deputy President shall temporarily assume the duties of the top post if the president is unable to fulfill his duties or if the president’s post is left vacant. If there is no deputy, the prime minister will temporarily assume the presidential duties.  

The president also has the prerogative of appointing the prime minister, his deputy, the ministers and their deputies; he can also accept their resignations and exempt them from their duties.

The president can order a referendum; he is not responsible for the people’s actions and will only interfere in case of great treason. Elections for the first people’s council of Syria will take place within 90 days following the adoption of the constitution.

The draft also said that the state guarantees press freedom and independence, the freedom of association and the freedom to establish institutions and unions according to national basis and for legitimate and peaceful purposes.

The constitution touched on personal freedoms, saying that no one can be arrested if no arrest warrant has been issued. The draft stressed the importance of torture prevention. Article 23 was dedicated to women, saying that the state guarantees active and full participation of women in political life and society.

Article 60 reiterated the principle that half of the people’s council should include workers and farmers.