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DeFacto Holds a Session on Building the Foundations of Justice and the Rule of Law in Syria

January 12, 2025
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DeFacto Holds a Session on Building the Foundations of Justice and the Rule of Law in Syria
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Defacto Platform for Dialogue hosted a critical discussion titled “Building the Rule of Law: Legal Visions for Post-Transition Syria” on January 8, 2025, in Qamishli city in northeastern Syria. The session aimed to explore legal, political, and humanitarian dimensions of achieving transitional justice and rebuilding a state founded on law and institutions from a rights-based perspective.

The dialogue brought together 15 legal professionals from Qamishli and Hasakah to discuss two primary themes:

  1. Building the Rule of Law in Syria:

Participants emphasized the need for a fair legal and judicial system that upholds the rights of all Syrians. They highlighted judicial independence as a cornerstone for the rule of law and stressed gender equality in the constitution to ensure fair representation. Discussions also underscored fostering trust between citizens and legal institutions by promoting integrity and transparency.

Community engagement in constitutional processes emerged as a key element for legitimacy and inclusiveness. Attendees argued that drafting a constitution with broad societal participation ensures representation of diverse aspirations and strengthens a collective commitment to its implementation.

The session also tackled pressing issues related to security and armed groups. Participants advocated for constitutional provisions addressing the proliferation of armed factions and the establishment of national, non-ideological security institutions under civilian oversight. They proposed disarmament strategies and reintegration of armed forces within a legal framework to serve all Syrians rather than specific individuals or groups.

  1. Governance Models for the New Syria:

Discussions on the ideal governance model concluded with a consensus on adopting a decentralized political system. Such a system would empower all communities in decision-making, respect cultural diversity, and safeguard minority rights. 

 

Challenges and Solutions: The group identified significant hurdles, including:

  • Lack of trust among Syrian communities.
  • Institutional corruption.
  • External sanctions.
  • Minority concerns amid ongoing armed conflicts.
  • Threats from ISIS and other militant factions.
  • Political exclusion of displaced persons and refugees.
  • Regional and international interference.
  • Risks of vengeance, absence of justice, and post-conflict destruction.

To address these challenges, participants proposed:

  • Inclusive national dialogue initiatives.
  • Programs for economic development and reconstruction.
  • Comprehensive disarmament and reintegration efforts.
  • Strengthening international support for peacebuilding.
  • Legal awareness campaigns promoting transparency and accountability.

 

Key Recommendations: Participants called for:

  1. Forming an independent committee to oversee constitutional processes.
  2. Creating a roadmap for integrating armed forces into state institutions.
  3. Launching public awareness campaigns to foster citizenship values.
  4. Strengthening collaboration with international organizations for technical and financial support.

Additionally, they stressed activating civil society and media roles, fostering trust among stakeholders, and upholding meritocracy and transparency. Transitional justice mechanisms must prioritize citizenship and inclusive dialogue to bridge societal divides and secure sustainable peace. The preservation of minority rights and religious pluralism in the constitution, alongside the rule of law, remains critical.

In conclusion, participants affirmed that building a new Syria anchored in the rule of law requires collective national and international efforts, inclusive political and social participation, and youth engagement. Turning these recommendations into actionable steps is vital to ensuring a stable and just future for Syria.

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