Syria... A little reassurance and a lot of anxiety

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Afrasianet - Understanding  the nature of the conflict in Syria is the scientific approach to discussing its developments and consequences, as the conflict was not legal so that its legal approach is the course we must take.


It seems clear that intellectuals are the most concerned segment because they are able to see the scene and its outcomes, while the general criteria for judging the success or failure of the government are limited to economic reality only. For example, the fall of the dollar in the local market has met with great satisfaction among citizens, while experts and economists have expressed concern about what is happening as it is not based on accurate economic data.


Talking about the positives alone, or referring to the negatives alone, is contrary to the truth and distances us from the neutrality of the researcher, while acknowledging in advance that political science is "a non-neutral science."


The "jurisprudence of priorities" varies from one social segment to another, noting that only a few believe in the saying "not bread alone lives man." The tenfold increase in the prices of bread, transportation, etc. has not reflected positively on employees, as promises of a fourfold increase in salaries seem to have gone to waste.


Hundreds of thousands of employees have been given "forced leave" for three months, as they are surplus whose existence does not benefit those institutions in which they work. Talking about the surplus is not convincing to anyone, especially since the new authorities are employing a large number of employees in various parts of the state.


The same applies to officers who defected from the Syrian Arab Army, who were supporters of the revolution, so what is the justification for excluding them today in exchange for the help of a number of foreigners?


The dissolution of political parties is accepted and supported by the Syrian street, but it means disrupting political life, which was already disrupted due to the absence of the real role of these parties.


These parties are nationalist and left-leaning and believe in secularism. Thus, its absence imposes one color, which is the ideological orientations of the ruling authority.
The dissolution of the Arab Socialist Baath Party was welcomed by the Baathists more than others, which indicates their rejection of its policies and orientations and the behavior of the gangs ruling its leaders.


The first speech of President Al-Sharaa


The speech of the Syrian President, Ahmed Al-Sharaa, came to dispel a number of fears in the minds of Syrians who are waiting for their implementation on the ground. It was a brief speech, in which he was able to draw a road map for the future Syria, without committing to a specific timetable for achieving those goals.


Through it, he was able to put an end to the "dialogues of the revolution and the overthrow of the regime" and move to the "discourse of establishing the state", based on legal rules that legitimize what is happening.


These laws, if misunderstood or bypassed, bring them closer to the "legalization of tyranny", which not everyone certainly wants, with the assertion that the transitional government inherited a very heavy legacy, a destroyed country and abnormal institutions, so giving them more time certainly makes sense.


Understanding the nature of conflict


Recognizing the nature of the conflict in Syria is the scientific approach to discussing its developments and consequences, as the conflict was not legal so that its approach from a legal point of view is the path that we must take, with reference here to the importance of law and legislation to encapsulate the behavior of the government and clothe it in legal clothing. The situation here applies to Syria and other Third World countries.


After revolutions, there are usually two phases, the "political transition" and the "democratic transition." Given that democratic transition is unpredictable in our Arab region, our dialogues focus on the political transition only.


Access to the state is the ultimate aspiration, especially since the rotation of power is the origin of the name of the state (the state of circulation), and therefore it is an indicator that we are still living in the "pre-state" phase.


Talking about citizenship is still a dream that is difficult to expect to achieve, in the short and medium term, especially since society has returned to conversations that we had overcome several decades ago.


Talk about dissolving 18 armed factions is undoubtedly important, and a step towards gathering weapons from all factions, leading to a state of civil peace.


The refusal of some factions to hand over their weapons is temporary, and will not continue after the declaration of constitutional principles, the interim legislative committee, and the formation of an inclusive national government.


Talk of civil peace and transitional justice is one of the government's priorities, but the way it is implemented and the parties concerned with it are infuriating some.


In order to implement transitional justice, there must be independent judicial bodies that stand at the same distance from all parties, and it is very important that there is international oversight of their work.


The formation of these bodies requires securing the necessary funds for this, which may take some time under the current circumstances in Syria.


Holding criminals accountable is something that everyone agrees on, and only Syrians decide who the criminal is, and this will be a way out of the outcomes of the National Dialogue Conference to be held.


The absence of accountability leads us to the idea of revenge and taking rights into their own hands as a result of the state's failure to do so. Therefore, emphasis must be placed on reassuring victims that their rights are inviolable, and the State is concerned.


The independence of the judiciary is imperative, and the continued domination of the executive branch over it means a return to the mistakes of the past and repeating them in another way.


The subordination of the judiciary to the President of the Republic, as the President of the Supreme Judicial Council, challenges the independence of the judiciary, and it is correct that the President of the Supreme Judicial Council is the President of the Court of Cassation.


Cleaning the judiciary of corruption, which has become rampant, is a necessary priority, and counting the wealth of judges is a step that can get rid of the corrupt among them, and these funds can be allocated to the transitional justice project.


The role of the government must be neutral as it is only an executive tool, everyone has a right except the state, in transitional justice there is no public right.


Dissolution of the People's Assembly


The decision to dissolve the People's Assembly and move to form a mini-legislature was widely accepted by Syrians, especially since this institution has always been a subject of ridicule for the Syrian citizen.


Despite the importance of this authority and its superiority over other authorities, the reality was certainly otherwise, as its role was limited to implementing directives and passing decisions, which the Syrian citizen could not accept.


International treaties and conventions concluded with a number of countries that were unfair to Syria must be held legally and morally responsible, whether because of its silence or as a result of its participation in that crime.


Minutes of meetings are assumed to include the voting behavior of each member. Thus, anyone will be able to defend themselves and prove their innocence.


There was talk of forming a legislative committee headed by Sharia, whose task is to select a small legislative council (35 members) to review laws and legislation and pass through Syria to institutionalization.


The formation of the next council bears indications of the role entrusted to it, and talk about the presence of a majority of military personnel in it (18 members) increases fears, especially since many of them do not have the legal background or the necessary experience to do so.


Expanding the Council to include a number of notables and social references, allowing it to exercise the legislative and representative roles.


Constitutional declaration or temporary constitution


The problem was not so much in the constitution itself, as in the lack of guarantees that oblige the authorities to implement it, so that the constitutional articles became the subject of ridicule in light of the incursion of the security services, which undermined freedoms and looted the country's resources.


Talk of using the 1952 constitution seems to be the most general trend to be implemented, although it was appropriate for a parliamentary system of government, so that political life was at its height, and parties were present and active, which is in contrast to what exists today.


There are three possibilities for managing the next phase constitutionally:


Declaring constitutional principles, or moving to draft a mini-constitution consisting of a number of articles, similar to what happened in Egypt, or continuing the existing constitution.


The 2012 constitution is out of the question as it is the constitution of the former regime, and its implementation required the transfer of powers in the transitional period to the vice president.


These and other dialogues are worthless and meaningless unless the government is able to maintain security and safety, reassure its citizens and hold negligent persons accountable in a way that reflects its credibility in that direction.


The refusal of many armed organizations to hand over their weapons reflects future concern, in addition to the bombings that occur here and there, especially in the Aleppo and Mombaj region, with the aim of revenge, which may lead us to think about the actions of the Islamic organizations in Afghanistan, Somalia and elsewhere. This will certainly lead us to a cycle of violence that may last for a long time.

 

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