Article 21 of the International declaration of human rights states that:
1- Every person has the right to run the general affairs of his/her country directly or through elected representatives.
2- Every person enjoys the same right as belongs to the other to take over a public post of his/her country.
3- The will of the people is the source of the government’s authority. This will is expressed by regular, free and impartial elections conducted on equal footing among all citizens, or according to any equal measurement ensuring freedom of election.
Article 25 of the international convention on civil and political rights states that "every citizen has the right and the opportunity of the content of article 13 without distinction or unreasonable restrictions in:
- Taking part of running the public affairs directly or through representative chosen by free election.
- electing or being elected in regular general elections based on equality. Elections should be conducted by secret ballot and should show the free expression of the electorate.
- having the right to receive general services in his/her country based on equality. Item 2 of the same article states that every state party should take the necessary steps according to its constitutional measurements if legislative measures do not guarantee executing the recognised rights in this convention.
Item 3 of the aforementioned article states that every state party in this convention should provide effective methods of complaint made by any person whose recognised rights or liberties were violated.
The Syrian Arab Republic government is committed to modify any legislation does not fit with the passages of the convention. In the context of objective documentation, the Syrian Human Rights Committee would like to quote literally what was said by the Syrian representative before the human rights committee in Geneva during the meeting numbered 158 on 2/8/1979 ( Document No. 158 CCPR/SR item 3). Mr. Al-Fattal said that the convention is correspondent to the constitutional system of his country and that it has become a chapter of the Syrian law and consequently every Syrian citizen can bring the convention’s actions before the Syrian legislative and administrative authorities. The Syrian representative said in article 16 of the same meeting proceedings that " Syria would not endorse the international convention if there is any contradiction with the Syrian constitution because the Syrian constitution is of a higher value and that all international documents and conventions endorsed by Syria should be in agreement with its constitution."
To reveal the extent of Mr. Al-Fattal’s declaration and the actual status of political liberties in Syria, it is useful to shed light on:
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The Syrian constitution presently in force |
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Some Syrian laws related to political liberties. |
- Syrian Constitution:
The Syrian constitution is the fundamental law of the country. All other laws or acts should agree with the constitution otherwise they will be invalid or invalidable on the ground of unconstitutionality. However, article 8 of the Syrian constitution states that: "Al-Ba’th Arab Socialist party is the leading party of both the society and the state and leads a progressive national front working to unite the efforts of the public and consume them in the service of the aims of the nation."
Therefore, the Syrian constitution impose on the Syrian people a certain party considering it the leading party in the society and the state regardless to the will or opinion of the people towards that party. This same party seized power imposing itself on the Syrian people by a military coup. The assembly which took the charge of drafting this constitution was appointed by Al-Bath party regardless to the Syrian people in their appointment. The referendum on the constitution took place later succeeded with a majority of 99% , however it is well known to all mass media that the referendum was fake and unreal, and when the Syrian people objected through a popular uprising, it was cruelly repressed.
Therefore, what will has been left to the Syrians in selecting their representatives, and what will has been enjoyed by such representatives since Al-Bath party was imposed by constitution as the leading force in the state and the society.
- Other laws:
2/1- The Syrian laws do not permit any individual or group to form political parties. There are the parties of the national progressive front led according to the constitution by the Ba’ath Arab Socialist Party. This front according to the constitution has not an independent opinion and does not enjoy any right in opposing the leading party. The parties of this front do not enjoy any right to publish political newspapers , political bulletin or even internal bulletins which require a prior permission from the ruling Ba’ath party.
Act 26 dated 14/4/1973 regulating election process binds the government to publish tables containing names of citizens eligible for elections, regulations of appeal and the number of voters in every poll station before a definite period of election date.
When 1977 election took place only 5% of the electorate went to the poll stations. To deal with this scandalous shame and for fear of its repetition in the future, act 24 dated 3/10/1981 was introduced to abolish items 6, 7, 8, 9, 10 & 11 of act 26 dated 14/4/1973 which regulates the process of elections in Syria. The abolished items deal with the voters tables , the regulations of disclosing the tables, appeal against them and publishing the number of voters in every district. Therefore, there is no need to publish the percentage of voters as the criteria based on which is no longer exists.
This abolishment indicated the deliberate disregard of the citizens’ role in the elections following a popular boycott of the elections. This precedent legislation has no example in the whole world. It is well known that the rate of voters forms the basis of the citizens’ trust in the ruling system, when this trust vanishes the system has not any genuine reason to exist.
In this connection, it worth noting that item 3 of article 21 of the international declaration of human rights states clearly that people is the source of the government’s authority and which is usually expressed by free impartial elections.
The Syrian Human Rights Committee
London