Enab Baladi – Omar Alaa Eldin
Before its establishment on May 17, the demand for the existence of a transitional justice authority was frequently echoed in Syrian circles, whether in newspapers and media outlets or through social media, following a series of crimes committed by the Syrian regime, including the targeting of civilians with chemical weapons, enforced disappearances, and mass graves discovered from time to time.
The International Center for Transitional Justice defines the process of transitional justice as how communities respond to the legacy of gross and blatant human rights violations.
Transitional justice, according to the center, includes introducing reforms to the legal, political, and institutional systems governing society, as well as mechanisms aimed at uncovering the truth about what happened and its causes and determining the fate of detainees or forcibly disappeared individuals.
Researchers interviewed by Enab Baladi were divided over the plan to establish the National Authority for Transitional Justice between those who felt it was disheartening due to the lack of civil society participation and those who believed it was a good step but needed improvement.
Formation causes disappointment
Syrian researcher and director of the Damascus Center for Human Rights Studies, Radwan Ziadeh, told Enab Baladi that forming the authority in this way is disheartening.
When asked about the reason for the disappointment, Ziadeh explained, “There should have been national consultations regarding the formation of these bodies and the involvement of victims’ associations and civil society organizations.”
Ziadeh added that the mechanism to be followed should be consultative, involving extensive discussions regarding the names, while respecting those appointed to the authority.
He believes that there should be experts who have worked in transitional justice, and that families of the victims and civil society organizations should be significantly involved in the selection process, based on which all members of the authority would be appointed.
According to Ziadeh, what happened was the appointment of someone who “regardless of personal expertise, lacks experience in the field of transitional justice,” which has made the matter frustrating for many working in this field.
Human Rights Watch (HRW) indicated that the decree establishing the National Authority for Transitional Justice is limited to the crimes committed only by the regime of ousted President Bashar al-Assad, excluding victims of violations committed by non-governmental actors.
In a statement published on May 20, the organization said that the decree does not clarify how victims will be effectively involved in the structure or involvement of the authority, nor whether this will take place.
According to Decree “20,” the National Authority for Transitional Justice is headed by Abdel Basset Abdel Latif, the former Secretary-General of the Syrian National Coalition, who holds a law degree from the University of Aleppo in 1986, and has served as the deputy head of the Syrian Supreme Hajj Committee and head of the political office of the Lions of the East Army.
Partnership with civil society
In a video message published on the official Facebook account of the Transitional Justice Authority on May 23, Abdel Basset Abdel Latif stated that “the authority will adopt a clear roadmap with practical stages, built on realistic foundations that consider the Syrian context and its specificity, along with a national awareness plan on the concept of transitional justice and an electronic platform to receive complaints, and mechanisms to communicate with society, as well as issuing credible periodic reports documenting what has been achieved.”
The authority will work within a specified timeframe of 30 days to “form a working team that includes representatives of victims, legal and human rights experts, specialists in forensic evidence and criminal investigation, and representatives of civil society organizations, and will rely on an advisory council representing the victims, accompanying the authority’s work at all stages, and developing its internal system.”
Abdel Latif announced his full commitment to work diligently to fulfill this mandate, in line with the aspirations of the Syrian people across all their components, through the following:
Uncovering the truth regarding the grave violations caused by the fallen regime. Holding accountable those responsible for these violations in coordination with relevant authorities. Compensating for the harm suffered by the victims. Establishing principles of non-repetition and promoting national reconciliation.Today, the Transitional Justice Authority bears a “great responsibility,” according to Abdel Latif, which involves “holding accountable and prosecuting the perpetrators of crimes, providing justice for victims and their families, and addressing the impacts of systematic violations in ways that contribute to consolidating justice, preventing the repetition of what occurred, and establishing a solid national reconciliation based on the rule of law, and enhancing the trust of Syrians in the justice system, aiming for lasting peace and comprehensive national revival.”
The head of the Transitional Justice Authority affirmed that justice in Syria “will not be revengeful,” but rather based on uncovering the truth, accountability, and preventing impunity, and establishing the rule of law.
Will aspirations be achieved?
In principle, the researcher at the Syrian Dialogue Center, Nawras al-Abdullah, believes that any step towards advancing the path of transitional justice in Syria is considered “a positive matter that aligns with the aspirations of the Syrians on one hand and the legal and moral commitment of the transitional authority on the other,” deeming it an important and necessary step.
Al-Abdullah indicated that the procedural path for forming the authority was not “the best available options except by the criterion of time,” noting that it was established without broad consultations and through “a brief decree,” rather than through a law passing through multiple stages, which includes comprehensive rules for the framework of transitional justice agreed upon in Syria.
Does not contradict the constitutional declaration
It is noteworthy that the current method of forming the authority does not contradict the provisions of Article “49” of the constitutional declaration, contrary to what is circulated, according to al-Abdullah.
The negatives are, according to al-Abdullah, related to “continued ambiguity regarding all matters concerning the authority, whether in terms of competencies, powers, composition, members, and its general structure, and the selection of members, which made national consultations occur after the authority’s establishment rather than before it.”
Thus, the primary issue, from the perspective of the Syrian researcher, was in “the constitutional text establishing transitional justice in Syria before any other action.”
Consultation before formation, not after
As indicated by the researcher at the Syrian Dialogue Center, the problem dates back to the constitutional declaration itself, specifically Article “49.” Since then, discussions should have focused on the necessity of prior consultations with civil society organizations and victims’ representatives before establishing the authority, not afterward, noting that only cheers have been witnessed since then rather than analysis from some associations and organizations.
Al-Abdullah stated that “correction is required,” as it is necessary for members of the authority to include civil society activists and representatives of victims’ families. Moreover, there should currently be serious consultations with a clear plan before preparing the authority’s internal system, and “these steps practically allow for avoiding past gaps.”
Researcher al-Abdullah does not believe that the overall direction of the authority will ignore participation in the pathways of transitional justice with civil society, human rights organizations, research centers, and victims’ associations, as accumulated experiences indicate the importance of these roles.
Recommendations
The Syrian researcher recommends focusing on three main points currently:
Announcing a quick plan for consultations regarding the selection of members of the authority and the criteria that focus on integrity, competence, and diversity, so that the composition of the authority establishes its legitimacy and credibility and gains the public’s trust, ensuring that the number of members is not fewer than 14, with diverse specializations and backgrounds, while ensuring the inclusion of women in the composition to allow the authority to address women’s issues and their particularities regarding violations and aspirations for justice. Ensuring focused dialogue sessions with experts and open sessions to listen to the views of victims’ families to gather inputs for preparing the internal system. Paying significant attention to the authority’s powers that ensure its success in achieving its goals and guaranteeing the immunity and independence of its members, as the mission is critical and the pressures will also be significant in various forms.
Transitional Justice Authority welcomed, but concerns remain over inclusive participation Enab Baladi.
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