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Constitution of the Autonomous Administration of North and East Syria

(Redirected from Constitution of Rojava)

The Constitution of the Autonomous Administration of North and East Syria,[1][2] officially titled Charter of the Social Contract, is the provisional constitution of the self-proclaimed autonomous region known as the Autonomous Administration of North and East Syria. It was adopted on 29 January 2014, when the Democratic Union Party (PYD), the political wing of the People's Protection Units (YPG) and the largest party in the autonomous region, declared the three regions it controlled autonomous from the Syrian government.[1] Article 12 states the autonomous region remains an "integral part of Syria", anticipating a future federalization of Syria.[citation needed]

The constitution has gained much international attention and is most noted for its explicit affirmation of minority rights, gender equality, and a form of direct democracy known as 'democratic confederalism'.[3][4]

On 27–28 June 2016, the executive committee to organize a constitution for the region, to replace the 2014 constitution, presented its draft.[5]

Background

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Areas controlled and claimed by Syrian Kurds and allies (Feb. 2014).

When the Syrian Civil War broke out in 2011, the Syrian Kurdish parties avoided taking sides. When Syrian government forces retreated in mid-2012 to fight the mostly Arab rebels elsewhere, Kurdish groups gradually took control.[6] On 12 July 2012, the two main political alliances in the autonomous region, the Movement for a Democratic Society (including Democratic Union Party (PYD)) and the Kurdish National Council (KNC) formed Kurdish Supreme Committee (KSC) as the overarching governing body of all three self-proclaimed cantons of Afrin, Kobane and Jazira.[7] The PYD and its armed wing People's Protection Units (YPG) soon became the dominant force.[6] Soon PYD and other allied parties in Movement for a Democratic Society declared a unilateral interim government in November 2013 and also a committee was appointed to write a transitional constitution.[7] Nevertheless, in January 2014 it agreed to form a coalition government with the KNC,[6] but this agreement didn't last long.

Contents

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Preamble

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Text of the preamble:[8]

We, the people of the Democratic Autonomous Regions of Afrin, Jazira and Kobani, a confederation of Kurds, Arabs, Syriacs, Arameans, Turkmen, Armenians and Chechens, freely and solemnly declare and establish this Charter.

In pursuit of freedom, justice, dignity and democracy and led by principles of equality and environmental sustainability, the Charter proclaims a new social contract, based upon mutual and peaceful coexistence and understanding between all strands of society. It protects fundamental human rights and liberties and reaffirms the peoples’ right to self-determination.

Under the Charter, we, the people of the Autonomous Regions, unite in the spirit of reconciliation, pluralism and democratic participation so that all may express themselves freely in public life. In building a society free from authoritarianism, militarism, centralism and the intervention of religious authority in public affairs, the Charter recognizes Syria’s territorial integrity and aspires to maintain domestic and international peace.

In establishing this Charter, we declare a political system and civil administration founded upon a social contract that reconciles the rich mosaic of Syria through a transitional phase from dictatorship, civil war and destruction, to a new democratic society where civic life and social justice are preserved.

Section Articles Contents
General Principles 1–12 Article 4 lists the structure of the government. Article 3 and 5 lists the administrative centers of each canton. Article 12 confirms Rojava as an integral part of Syria.
Basic Principles 13–20 Article 15 declares the Syrian Democratic Forces (SDF) as the sole military force of Rojava.
Rights and Liberties 21–44 Article 21 refers to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights.
Legislative Assembly 45–53 Responsibilities of the Legislative Assembly.
Executive Council 54–62 Responsibilities of the Executive Council.
Judicial Council 63–75 Responsibilities of the Judicial Council.
Higher Commission of Elections 76 Responsibilities of the Higher Commission of Elections.
Supreme Constitutional Court 77–80 Responsibilities of the Supreme Constitutional Court.
General Rules 81–96 (see below)

General Rules

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  • (Articles 81–96)
  • The section "IX General Rules" lists general rules including criteria for constitutional amendment and martial law.
  • Article 95 lists the bodies of the executive council:
  1. Body of Foreign Relations
  2. Body of Defense
  3. Body of Internal Affairs
  4. Body of Justice
  5. Body of Cantonal and Municipal Councils and affiliated to it Committee of Planning and Census
  6. Body of Finance, and affiliated to it a)-Committee on Banking Regulations. b)- Committee of Customs and Excise
  7. Body of Social Affairs
  8. Body of Education
  9. Body of Agriculture
  10. Body of Energy
  11. Body of Health
  12. Body of Trade and Economic Cooperation
  13. Body of Martyrs and Veterans Affairs
  14. Body of Culture
  15. Body of Transport
  16. Body of Youth and Sports
  17. Body of Environment, Tourism and Historical Objects
  18. Body of Religious Affairs
  19. Body of Family and Gender Equality
  20. Body of Human Rights
  21. Body of Communications
  22. Body of Food Security

See also

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References

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  1. ^ a b "Charter of the Social Contract- Self-Rule in Rojava". Peace in Kurdistan. Archived from the original on 16 June 2015. Retrieved 13 June 2015.
  2. ^ "The Constitution of the Rojava Cantons". Mutlu Çiviroğlu. Retrieved 7 December 2015.
  3. ^
  4. ^
  5. ^ "After approving constitution, what's next for Syria's Kurds?". Al-Monitor. 22 July 2016. Retrieved 22 July 2016.
  6. ^ a b c "Who are the Kurds?". BBC News. 21 October 2014. Retrieved 8 December 2015.
  7. ^ a b "PYD announces surprise interim government in Syria's Kurdish regions". Rudaw. 13 November 2013. Retrieved 8 December 2015.
  8. ^ "The Constitution of the Rojava Cantons". civiroglu.net.
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