Enab Baladi – Hani Karazi
The transitional president of Syria, Ahmed al-Sharaa, signed the draft of the constitutional declaration after receiving it from the expert committee tasked with its formulation on Thursday, March 13.
Al-Sharaa stated, following his signing of the draft, “We hope this will be a new date for Syria, where we replace ignorance with knowledge and suffering with mercy.”
Interaction with Article 49… What are its provisions?
Article 49 of the constitutional declaration received significant interaction from Syrians, especially since its main essence is based on considering the glorification of the ousted Assad regime and its symbols, denial of its crimes, or praising, justifying, or downplaying them as crimes punishable by law.
Article 49 of the constitutional declaration includes three paragraphs. The first stipulated the establishment of a body to achieve transitional justice that relies on effective consultative mechanisms focused on the victims to identify accountability pathways, the right to know the truth, and to provide justice for the victims and survivors, in addition to honoring the martyrs.
The second paragraph states that war crimes, crimes against humanity, and genocide, along with all the crimes committed by the ousted regime, are exempt from the principle of non-retroactivity of laws.
As for the third paragraph, it criminalizes the glorification of the ousted Assad regime and its symbols, and considers the denial of its crimes or praising, justifying, or downplaying them as crimes punishable by law.
Commenting on Article 49, Syrian journalist Mohamed Mansour stated via Facebook, “The entire constitutional declaration is one side, and the article criminalizing the glorification of the Assad regime and its symbols and denying its crimes or minimizing them is on the other side. This is the only article that expressed the desire of the people and the aspirations of the people and what the people want the most… Most of the other articles reflected the committee’s aspirations to approach the president. As the saying goes: ‘On the tip of my tongue, do not forget me!'”
Meanwhile, Syrian political analyst Qahtan al-Sharqi noted via Facebook, “From the suppression of freedoms to the accountability of the torturer, in 1980: Hafez al-Assad issued (Law 49), which criminalized and executed anyone belonging to the Muslim Brotherhood in Syria. However, in 2025: The new constitutional declaration stipulated in Article 49 the criminalization of glorifying the Assad regime and its symbols, and considers the denial or justification of its crimes a crime punishable by law.”
What is the penalty for glorifying the Assad regime?
The constitutional declaration discussed the criminalization of anyone who glorifies the previous Syrian regime and its symbols, but it did not specify the penalties that would be imposed on those committing this crime.
Lawyer Aref al-Shaal told Enab Baladi that Article 49 related to the criminalization of glorifying Bashar al-Assad and his symbols imposes on the People’s Assembly the duty to enact a law to implement it. This law, which will be issued, will determine the elements of these crimes and their penalties.
For his part, lawyer Akram Junaid stated to Enab Baladi that the types of penalties that will be imposed on those who glorify the previous regime and its symbols will be determined according to the penal code that will be issued later.
Junaid added that glorifying al-Assad and his symbols is considered a misdemeanor, and its initial penalty may often be imprisonment for six months and a financial fine of $500, noting that the penalty may double if the person repeats and insists on glorifying al-Assad or if his act coincides with another crime against the state or its institutions.
Junaid pointed out that the penalty for glorifying al-Assad could include other repercussions for its perpetrator, such as dismissal from work or deprivation of employment and the inability to obtain a non-convicted certificate.
Artists who glorified al-Assad after the fall
Following the fall of the regime, many Syrians, including artists, politicians, and media figures who were known for their support of the Assad regime or their silence towards its crimes, rushed to change their positions and condemn al-Assad for committing crimes against Syrians, while others insisted on continuing to glorify al-Assad and his symbols.
Actress Sulaf Fawakherji, during her appearance on al-Mashhad channel, stated that “Al-Assad is honorable… and he should be tried if he deserves it, but on the condition that there is a judiciary, law, and justice.”
Fawakherji added, “I want to thank Bashar al-Assad for many important things he has done for the country over many years, for the economic and artistic reforms he provided, and many achievements in terms of state and construction, and many other things. I want to blame him or reprimand him about a bad entourage that he is responsible for.”
Bassem Yakhour, who was one of al-Assad’s staunch supporters throughout the years of the revolution, insisted on continuing to support the ousted regime and justifying its crimes.
In his interview with Lebanese journalist Nayla Tueni, Yakhour justified his loyalty to Bashar al-Assad by accusing millions of Syrians of benefiting from the Assad regime, noting that their change of political positions after the fall of the regime demonstrates a duality he described as “twisting.”
Yakhour did not hesitate to defend Bashar al-Assad, stating he was “the guarantor of Syria’s unity.” He said that the current situation does not provide the ideal environment for returning home due to the chaos that does not ensure safety, adding that the change of power did not achieve fundamental changes in daily reality, with some negative practices continuing.
Syrian writer and actor Imad al-Najjar also made statements glorifying the Syrian regime after its fall, calling for the return of Maher and Bashar al-Assad to Syria and insulting the symbols of the Syrian revolution in a live broadcast.
Key provisions of the constitutional declaration
The draft constitutional declaration included many provisions, the most notable being that the People’s Assembly would undertake the entire legislative process, while the executive authority would be assumed by the President of the Republic.
The draft set the duration of the transitional phase at five years, granting the President of the Republic the right to declare a state of emergency.
The declaration emphasizes the importance of judges, their rulings, and their independence, and leaves the issue of dismissing the president or reducing his powers to the People’s Assembly.
It also guarantees the right to property, the right of women to education and participation in work, ensuring their political rights, as well as freedom of opinion, expression, media, publishing, and journalism.
The declaration reaffirms the state’s commitment to the unity of the land and people, respect for cultural peculiarities, and commitment to a dedicated segment on rights and freedoms to create a balance between community security and freedom.
The spokesperson for the committee drafting the constitutional declaration, Abdul Hamid al-Awak, confirmed that there would be no authority for the People’s Assembly over the presidency during the transitional phase.
Additionally, the presidential political system within the draft constitutional declaration does not allow one authority to dismiss another.
The constitutional committee abolished the position of Prime Minister and adopted a presidential system in the constitutional declaration.
He clarified that there are guarantees in the constitutional declaration, the most important of which relate to combating authority overreach.
The Syrian president has the right to appoint one-third of the members of the People’s Assembly; however, the number of members in the assembly has not yet been determined according to the committee.
According to the committee’s statements, they have been striving since their formation to accomplish the required work and have relied on the outputs of the National Dialogue Conference in the constitutional declaration.
Al-Sharaa issued a decision to form a special committee to draft the constitutional declaration in Syria on March 2.
The committee includes Dr. Abdul Hamid al-Awak, Yasser al-Huwaish, Ismail al-Khalfan, Muhammad Ridha Jalakhi, Ahmad Qurabi, and Bahia Mardini.