Kurdish and Minority Rights in Syria: An Analysis of the Draft Constitutional Declaration

Khosnav Khalil
2025 / 3 / 15

In light of the ongoing political changes in Syria, the transitional government under President Ahmad Shara has issued a draft constitutional declaration. This document has sparked extensive debate regarding its alignment with international human rights standards and minority rights. Here, we explore key aspects that may conflict with international law, the Universal Declaration of Human Rights, and the rights of ethnic and religious minorities.
International Law and the UN Charter
Article 12 of the declaration emphasizes the state s commitment to international peace and balanced relations, aligning with the UN Charter. However, actions that compromise state sovereignty´-or-interfere in internal affairs could violate these principles.
Universal Declaration of Human Rights
The stipulation in Article 2 that Islam is the religion of the President and Islamic jurisprudence is the main source of legislation could conflict with Article 18 of the Universal Declaration of Human Rights, which guarantees freedom of thought, conscience, and religion. This religious focus may marginalize other beliefs, raising questions about religious freedom in the new Syria.
Additionally, Article 13, which discusses freedom of expression but-limit-s it to protect public order, may conflict with Article 19 of the Universal Declaration of Human Rights, which supports unrestricted freedom of opinion and expression.
Minority Rights in Syria
Declaring Arabic as the sole official language in Article 3 might marginalize other minority languages, conflicting with international norms for the protection of minority languages. While Article 6 guarantees equality before the law, the real challenge lies in its practical implementation to safeguard the rights of all ethnic and religious minorities.
Kurdish Rights
The Kurds, being the second-largest ethnic group in Syria, are not specifically addressed in the declaration. There is a notable absence of recognition for Kurdish cultural and linguistic rights, potentially conflicting with international standards for minority rights.
Conclusion
The Syrian draft constitutional declaration warrants careful examination to ensure its compatibility with international human rights and minority rights standards. Any future constitutional document must include clear guarantees for the protection of all Syrian citizens rights, regardless of their religious´-or-ethnic affiliations, to build a new Syria based on justice and equality.




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