Syria & The Bill of Rights

Bill of Rights
By Alma Hassoun & Nadia Muhanna
Syria Today Magazine – augustus 2011

With the escalation of the unrest in Syria and the accompanying surge in political dialogue, there has been a resurgence of discussion about the concept of citizenship.
In his book Guide to Citizenship, Hassan Abbas, a Syrian researcher, wrote that it is not enough to define citizenship as acquiring a nationality and enjoying the civil and political rights it offers. The definition includes active participation in public life.
“Freedom is the legal status quo of the citizen meaning that a citizen is free to choose between becoming an active citizen who participates in public life or…being a passive one,” Abbas wrote.

“Citizenship means the right of citizens to participate in all aspects of life,” Adel, a young theater critic who asked to remain anonymous, told Syria Today. He explained that the concept combines rights and duties, but that in Syria, duties trump rights. Until recently, broader duties and rights as citizens went ignored, he argued, because people were more concerned with their everyday struggles. …
Lawyers interviewed by Syria Today argued that deficiencies in ensuring citizens’ rights in Syria come from flaws in the constitution, where the state defines its idea of citizenship and organises the relationship between the government and citizens. Others said that the constitution guarantees adequate rights to citizens; however, the problem lies in many laws which are, in fact, unconstitutional.
In his speech last month, President Bashar al-Assad said that the new media, parties and electoral laws will allow “citizens to participate in making decisions, monitor and denounce” activities of the state. Making this change, Assad said, might require revising the constitution or issuing a new one.

Contradictory rulings

To implement citizens’ rights, as outlined in the Syrian constitution, articles from the very same constitution must be changed and effectively applied. People’s political and civil rights can be found in the first chapter of the constitution titled “Basic Principles”. It grants all citizens personal freedom, equality before the law, participation in the political, economic, social and cultural life of society, the freedom of faith, the right (and duty) to work, free obligatory education, the right of free and open expression, freedom of the press and the right to demonstrate peacefully.
However, articles like number 8 – which grants the ruling Ba’ath party a monopoly on political power in the country – contradict and effectively negate the right of citizens to participate in political life.

Nazih Maalouf, a lawyer and former judge and the manager of Syria Court, a legal website that covers human rights and other legal issues in Syria, said the constitution includes many contradictory articles. For example, it states that all Syrians have equal rights and opportunities, but another article says that the country’s president must be Muslim and that legislation must be based on Islamic jurisprudence. …
Another measure that contradicts the notion of universal equality came in with the constitution of 1961, which was drafted following a military coup that ended three years of union between Egypt and Syria, when the Syrian republic was first defined as Arab. This remained unchanged.
“Limiting citizenship to Syrian Arabs is unacceptable,” Maalouf declared. “A citizen must be any person who lives in this land and has specific rights and duties. Equality and people’s general liberties must be established by the constitution regardless of their religion or ethnicity.”

Individual liberties must be addressed by the constitution and should not be governed by laws because laws are subject to change, according to who is in power and are easy to play around with,” Maalouf explained. “The constitution is obligatory and is not easily changed.” (Syria Today 2011)

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Over Wim Duzijn
Astroloog, Anarchist, Schrijver. Voor meer info daarover. Zie mijn website: www.wimduzijn.nl

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