The announcement that Syria is to hold a referendum on a new constitution has been met with derision by the country's opposition Bending to domestic and foreign pressure to end the crackdown on the uprising in Syria that has thus far killed an estimated 8,000 people, Syrian President Bashar Al-Assad has announced that a referendum will soon be held on the new constitution drafted by a committee appointed nearly three months ago, writes Bassel Oudat. The Syrian opposition immediately urged voters to boycott the referendum, saying that Al-Assad intended merely to amend the existing constitution to serve the interests of the incumbent regime. The proposed constitution sets out a transition from one-party rule to dictatorship, the opposition said, claiming that it does not meet the demands of those protesting against the regime and is a way of trying to circumvent the crisis. By contrast, "as soon as the new constitution has been ratified by referendum, Syria will have accomplished the key step of laying down the legal and constitutional foundations necessary for the country to begin a new era of cooperation among all sectors in society," Al-Assad said. The Syrian opposition had refused to participate in the drafting of the constitution, saying that the regime must first stop its security crackdown on the ongoing demonstrations against it. Any new Syrian constitution would have to be part of an overall transformation of society, the opposition said, including provisions for political pluralism, the rotation of power, and guarantees for the rights of political, religious and ethnic minorities. The new constitution being presented to Syrian voters by the Al-Assad regime was "a cosmetic gesture designed to pretend that reform is taking place," the opposition said. Hassan Abdel-Azim, general coordinator of the Coordination Committee of Forces for Democratic Change in Syria (CCFDCS), the internal Syrian opposition that includes 14 opposition groups, told Al-Ahram Weekly that "we will not take part in drafting the constitution or in the referendum on it. We call on Syrians to boycott the referendum, which cannot even be considered in the present context of escalating violence." "Three months ago we demanded a new constitution, and now one is being introduced against a backdrop of escalating violence and killing. The number of martyrs, injured and arrested is rising, and no one in power is heeding the rule of law or the constitution." "Our priority is to end the violence and the killing and to see the release of all political prisoners. Once the transitional phase begins, the opposition will participate in drafting a new constitution, but for now we are not willing to discuss any new constitution." The opposition outside the country, led by the Syrian National Council (SNC), was even harsher in its rejection of the new constitution. "Al-Assad must resign instantly," said SNC member Molhem Al-Drubi. "He has caused deaths and massacres in Syria and has totally lost his legitimacy. We are not interested in his corrupt constitutions." Allies of the Syrian regime Russia and Iran both welcomed Al-Assad's move, with Russian foreign minister Sergei Lavrov describing it as "a step forward". However, apart from these two countries, international reaction was negative, with most countries saying that now was not the time for a new constitution in Syria, but instead was a time for the regime to end its violence against the population. "A referendum on a new Syrian constitution is not a priority," said UN Secretary-General Ban Ki-Moon. "First, there must be an end to the violence, and then we can talk about Syria's political future." The US said that Al-Assad was "mocking" the Syrian protesters by seeking to hold a referendum on a new constitution for the country. White House spokesman Jay Carney said that setting a date for the referendum was "actually quite laughable �ê" and makes a mockery of the Syrian revolution". Over recent years, the Syrian opposition has demanded constitutional amendments in Syria that would increase democratic freedoms, notably by cancelling the constitutional articles giving the ruling Syrian Baath Party absolute authority over state and society. The opposition has long stressed the need for the country's constitution to be changed to curtail the powers of the president and limit the number of terms he is permitted to serve. It has also criticised the process of choosing the president, with the ruling Baath Party currently having a monopoly on the candidates. However, once the Syrian uprising began in March 2011 and the regime escalated its crackdown against it, demands to amend the constitution were drowned out by demands for the end of the regime. What became more important for opponents of the Al-Assad regime was the beginning of a transitional phase, the formation of a national-unity government with a broad constitutional and legislative mandate, and the holding of new presidential elections. The draft constitution being presented in the referendum contains 157 articles divided into six chapters setting out the state's legislative, executive and judicial powers and the role of the Supreme Constitutional Court. The proposed new constitution also states that the political system in Syria is based on the principle of pluralism, cancelling the Baath Party's leadership role in state and society after its 49 years at the helm. It limits the presidential term in office to seven years, with a maximum of two terms, and it calls for parliamentary elections to be held within 90 days of ratifying the constitution. The draft constitution gives the president extensive powers, with Article 88 saying that he has the power to name the prime minister and cabinet ministers and to dismiss them. Article 98 states that the president outlines the broad policies of the state and oversees their implementation and has the power to declare war and make peace. Article 103 gives him the power to declare a state of emergency; Article 104 gives him the right to ratify the heads of diplomatic missions to foreign countries; and article 105 appoints him commander-in-chief of the armed forces. Article 106 gives the president the power to appoint and dismiss civilian and military employees; Article 111 gives him the power to dissolve parliament and to take over legislative powers in its place; and Article 150 gives him the write to amend the constitution with the approval of three-quarters of the parliament. Anwar Al-Nabi, director of the Syrian Centre for Legal Research and Studies, said the new constitution gave the country's president immense powers. "It is notable that the mandate of the president remains the same and has not been abridged," Al-Nabi told the Weekly. "He is the one who forms the cabinet and draws up its policies and there is no role for the parliamentary majority. He is in control of the legislative branch, and he has the right to issue legislation independent of parliament. He can hire and fire the prime minister and cabinet ministers, and he has the right to dissolve parliament." "This draft constitution was written by a regime that is not trusted by the people, and the opposition did not participate in drafting it. The Syrian regime continues to propose, decide on, and approve the reforms it wants for itself." Instead of this new constitution, there should be "Arab, international and civilian oversight in Syria, followed by a transitional phase during which power is handed over to an elected authority. Anything else is a waste of time," Al-Nabi said. Members of Syria's Christian minority and liberals condemned the proposed constitution, particularly rejecting article 3, which specifies the religion of the president. This was sectarian, they said, calling on supporters of a civic state to boycott the referendum. "Maintaining Article 3 untouched will be anathema to Christians and those calling for a civic and secular state that separates religion from the state," Suleiman Youssef, an Assyrian political activist and expert on minority issues in Syria, told the Weekly. "This article violates the right to co-citizenship and is tantamount to constitutional discrimination. It prevents the creation of a democratic system and the achievement of justice and equality among citizens." Youssef said that "Christians were the original inhabitants of Syria, and their continued existence must be guaranteed. This requires a secular and democratic regime that separates religion from politics and embodies the nationalist state."
