ERBIL, Kurdistan Region - A member of the committee drafting Syria’s constitutional declaration said that a federal system is not being considered.
"The Syrian state is a unified, independent state with full sovereignty over its territories” and “federalism is not proposed as a system for the state," Ismail al-Khalfan told Rudaw on Friday.
“Until now, we are in favor of maintaining a centralized system and keeping Syria unified,” he added.
The constitutional declaration will dictate Syria’s transitional phase after decades of control by the Assad family and the Baath party.
Many Syrians and foreign powers are worried that the Islamist Hay’at Tahrir al-Sham (HTS), which led the offensive that toppled the regime, may impose strict religious rule and threaten minority groups such as Kurds, Druze, Christians, and Alawites. Kurds in the northeast and Druze in the south have advocated for the adoption of a decentralized and secular system.
Khalfan said that only “administrative decentralization” will be possible, but that equality among all Syrians will be guaranteed.
“We will work to ensure rights for all Syrians, and as you mentioned, the Kurds are an essential component of the Syrian people,” he said.
After a coalition led by HTS overthrew Bashar al-Assad’s regime, they formed a transitional government headed by Ahmad al-Sharaa (formerly known as Abu Mohammed al-Jolani) who has repeatedly stated that the rights of all Syria’s components will be protected under the new government.
The following is the full text of the interview with Khalfan:
Rudaw: Based on the outcomes of the Syrian National Dialogue Conference, the constitutional declaration committee was formed, which will take on the task of drafting the constitutional declaration that will inform the transitional phase. To discuss the work of this committee, we have with us from Aleppo governorate Dr. Ismail al-Khalfan, member of the constitutional declaration drafting committee. Doctor, welcome as a guest to Rudaw. How far has the work of the committee, the constitutional declaration drafting committee, progressed?
Ismail al-Khalfan: The committee is still in the stage of discussions among its members regarding the provisions of this constitutional declaration and has made good progress because there have been intensive discussions among committee members since the first day of its formation. So now it has made good progress in these discussions and is continuing its work. Of course, the discussions are primarily among committee members, and committee members also listen to consultations from their acquaintances, other experts, and specialists in legal and constitutional matters.
We have discussed many articles. We cannot reveal their number, but it is a good number of articles.
What are the foundations of this committee's work?
This committee, of course, derives its legitimacy from the decision issued by the head of state to form it. And it is based on, that is, it has reviewed previous constitutions, as all its members are experts in law. It has reviewed previous constitutions that were applied in Syria, in addition to experiences of constitutional declarations that occurred in other countries. It examines these various constitutional experiences to try to reach the best possible formula for the constitutional declaration that suits the aspirations of the Syrian people.
So what exactly is the task of this committee?
The committee's task is to draft the constitutional declaration for the transitional phase in Syria. When this committee completes its work, it will submit this draft to the president of the republic to issue the constitutional declaration. The committee has guarantees that the powers of its members are absolute powers without interference in their work. They discuss among themselves, consult, differ, and then agree on the best possible wording for the articles. When the committee completes its work, it will submit what it has prepared to the president, who will
issue it.
The draft will be ratified by the president?
Yes, exactly.
And when will this draft be announced?
In fact, we cannot give a specific time, but I do not imagine that this matter will take long, since committee members have entered into discussions from the first day and spent a long time in deliberations among themselves regarding the articles of this declaration. As I told you, they have made significant progress. I imagine in a few days they may initially complete their work, after which they will return to discuss it point by point due to the sensitivity and importance of this topic in the new phase in Syria, after that they will submit it to the president of the republic for approval and issuance. I don't imagine it will take long, but previously I said one week in another interview, but it seems to take longer than that. It won't be a long time, but I can't give a specific period. Approximately a week, ten days from now.
What will this constitutional declaration be like? Will it be like a temporary constitution?
Yes, this constitutional declaration is like a temporary constitution for Syria during the transitional period.
And will you specify the duration of the transitional period in this draft?
Yes, the duration of the transitional period will be specified in this draft because it is not appropriate to leave it unspecified.
And how long will it be? What are the discussions revolving around in this regard?
Honestly, discussions revolve around three to five years, but we prefer to specify the duration so that the transitional period is not left undefined.
Are all the members of your committee from the Arab component?
How do you define the state system in this declaration?
The state system in this declaration will not deviate from what was previously established. The Syrian state is a unified, independent state with full sovereignty over its territories.
Is federalism proposed as a system for the state?
Honestly, until now, no, it is not proposed.
Are you in favor of maintaining a centralized system in Syria?
Perhaps you mean a presidential system? A centralized system as a form of state, yes. Until now, we are in favor of maintaining a centralized system and keeping Syria unified.
Are all committee members in agreement among themselves about the centralized system?
Yes, on this point, there is consensus among the committee members.
As you know, Dr. Ismail, Kurds are the second largest ethnic group in Syria and have lived on their land for hundreds of years. How will you deal with the national and administrative rights of the Kurds?
We will work to ensure rights for all Syrians, and as you mentioned, the Kurds are an essential component of the Syrian people. We will work in this constitutional declaration, not theoretically as the former regime did, but theoretically and practically to ensure equality among all Syrians in their rights and in their duties without discrimination between Arab and Kurd or between one group and another. Equality will be absolute among Syrians without any discrimination, not on the basis of ethnicity, nor on the basis of sect, nor on the basis of religion. This matter is our concern and interest, and we promise it to Syrians, God willing.
But how, Dr. Ismail?
How? We will enshrine this provision, and after that, there will be mechanisms to monitor its application, and there are guarantees provided by the country's leadership that everything written in this constitutional declaration will be implemented and will be subject to follow-up and application.
And how will you deal with the Druze, Alawites, Christians, and Yezidi Kurds in Syria in the new constitution or constitutional declaration?
As you know, Syria is indeed a diverse country with different sects, different ethnicities, and different religions. As I mentioned to you, a single article when applied will guarantee the rights of all Syrians, and that is to call them by the term citizen. All citizens are equal in rights without any discrimination between them. When we apply this text, we will not allow any discrimination, not on an ethnic basis, not on a religious basis, nor on a sectarian basis. We do not prefer to refer to them by their names because I believe that referring to them by their names involves a kind of discrimination. Rather, I say Syrians or Syrian citizens without any discrimination between them, so they are all equal in rights.
But the United Nations and European countries also constantly ask the new authority in Syria to preserve the national and administrative rights of the Kurdish people. Doesn't this point require care from your committee so that your work also gains the support of the international community?
In fact, we are making the constitution for Syrians as a whole, and we consider the Kurds as an essential component of the Syrian people. Perhaps the United Nations has justifications when it requests this matter, but we do not find a justification to definitely focus on a special text for the Kurdish component. Rather, we emphasize that Kurds are Syrian citizens who have their rights and duties, just like Arabs and the rest of Syria's components.
And what about their national, administrative, and cultural rights? They have their own language, their own culture?
truth, this matter is still under discussion, but we are also working on preserving the cultural components of the Syrian people in all their diversity.
As you know, the issue of the Arab belt in the Jazira region of northeast Syria (Rojava), will the damages and effects of the Arab belt and the process of Arabization of Rojava be reversed through your constitutional draft or constitutional declaration?
And what about citizenship? Is there a clear mechanism in the draft constitutional declaration to ensure the restoration of citizenship to Kurds who were stripped of it during the era of the former regime?
In fact, when the former regime stripped Kurds of their citizenship, it stripped them based on laws. This matter is not the task of the constitution. The constitution guarantees that all Syrian citizens obtain Syrian citizenship, and this matter is explained in laws and is a top priority later because we know that there is a number, I'm not sure of it, there are about 300,000 Kurds in the Jazira region who were deprived of citizenship by the former regime. These people will regain their right, but according to laws later based on the constitutional declaration.
In truth, we cannot elaborate on this detail. We have looked at the Iraqi experience, we looked at the Egyptian experience, we looked at the Tunisian experience, meaning different countries where the form of the political system changed as a result of revolutions or as a result of wars. And we have taken from them what suits the situation in Syria and what suits the diversity present in the Syrian people. But we cannot say that we will take articles verbatim as they are. But certainly the constitutional experience in Iraq has benefited us, as did the Tunisian experience and the Egyptian experience.
Will you take the example of the Kurdistan Region of Iraq from a constitutional perspective to deal with the Kurds in Syria?
The matter is not currently proposed because the experience of the Kurdistan Region in Iraq leads to the transition in the state to decentralization. But in Syria, until now, we are within the framework of political centralization. There may be administrative decentralization, but the state will remain a unified state, and there will be political centralization.
You mean the option of administrative decentralization is proposed?
Administrative decentralization is proposed, yes, but political decentralization is not.
How will you deal with women's rights in the draft constitutional declaration?
Of course, the constitutional declaration will work to preserve women's rights, and there will be specific articles to guarantee women's rights and ensure at least their role as appropriate and their required social status within Syrian society. We note this matter with interest.
about the right to education, the right to work? These basic rights are all protected?
All are protected. There will be a special section on rights and freedoms, and all of these will be addressed.
And the right to political and governmental representation?
There will be a general discussion about the issue of elections because this matter is detailed in the election law that will be issued later, a different law from the previous one. As you know, the constitutional declaration generally refers to rights and freedoms, and laws take care of detailing them.
Thank you very much. Thanks to Dr. Ismail al-Khalfan, member of the Syrian constitutional declaration drafting committee. You were our guest from Aleppo. Thank you very much.
You're welcome, and thank you very much for your interest and for giving me the opportunity to participate. Welcome to you, thank you.
