Syria: Ensure Transition Respects Human Rights

(New York, December 10, 2024) – The leadership of any Syrian transitional government that emerges should take urgent steps to ensure respect for human rights obligations and lay the foundation for a new government based on democracy and the rule of law, DAWN said today. 

DAWN urged the emerging leadership in the country to establish a civilian-led transitional council, deploy its forces to protect vulnerable people from possible reprisals, abide by human rights obligations with respect to the treatment of detainees, and secure weapons facilities throughout the country before it seeks to demilitarize armed groups and merge them into a single, unified military force. DAWN urged the international community to support Syria to transition to democratic rule and end foreign military interference in the country.

"The new Syrian government should recognize that its victory over the Assad regime is the result of the sacrifices of millions of Syrians who have suffered for over a decade in their struggle for democratic rule and respect for human rights," said Sarah Leah Whitson, Executive Director of DAWN. "It should urgently issue public commitments that it will respect the rights of the Syrian people to justice and immediately seek to establish democratic governance in the country."

Since the sudden collapse of the Syrian government when President Bashar al-Assad fled the country for Russia, Hayat Tahrir Al-Sham (HTS), which is the largest Syrian armed group, has declared itself in power under the leadership of the command of Abu Muhammad al-Jolani. He has apparently dropped his nom de guerre and now refers to himself by his real name, Ahmed al-Sharaa. On December 9, Al-Sharaa declared victory for the "entire Islamic nation," and promised to form a government "chosen by the people." Most critical for any transitional government will be the unification of security forces among the country's dominant factions, including other Sunni armed groups backed by Turkey and Kurdish armed groups supported by the U.S. The U.S. has designated HTS as a terrorist organization for its former ties to Al-Qaeda. 

Israeli, U.S. and Turkish forces have launched numerous aerial attacks on the country, and the Israeli military has moved into a large swath of Syrian territory beyond the demilitarized buffer zone in the Israeli-occupied Golan Heights, on the Israel-Syria border.

DAWN's recommendations include:

  — Protect vulnerable communities and facilities: A transitional government should urgently deploy security units to protect vulnerable communities and facilities to demonstrate its commitment to peace and security for all of the people of the country. This includes protecting:

     – vulnerable people and communities, such as Assad government supporters – real and perceived – and minority communities like Kurds who are deemed to be supporters of the former regime;

     – vulnerable facilities, such as prisons, police stations, courthouses, and other government facilities that were symbols of the Assad government's repression, but that any new government will need to maintain law and order;

      – government records and archives to ensure the security of documents necessary for government operations and accountability for past crimes and human rights abuses; 

     – arms depots, and in particular chemical weapons facilities, to prevent the seizure of weapons and munitions that could fuel lawlessness or insurgency; and

     – cultural institutions, art and national heritage sites.

A transitional government should also:

— prioritize humanitarian assistance to vulnerable communities by facilitating access for international aid organizations to provide food, water, healthcare, and shelter;

      – take immediate and robust measures to protect the rights and safety of women and religious, sexual, and ethnic minorities, recognizing their heightened vulnerability during periods of instability, in particular amidst internecine religious and ethnic armed conflicts in the country over the past three decades; and

      – allow international inspectors immediate access to chemical weapons sites to oversee the securing and dismantling of facilities and the destruction of any existing stockpiles in compliance with international disarmament obligations and to ensure the safety of civilians.

— Any transitional government should take steps to preserve the institutions of the state, including the judiciary and police forces, and avoid lustration processes that dismantle all of the operating governance bodies of the country.

"The end of Assad's regime will mean little if it is replaced by a new dictatorship," said Raed Jarrar, DAWN's Advocacy Director. "A new  transitional government should take concrete steps to avoid acts of revenge and vigilante justice, protect vulnerable communities throughout the country, and promote the rule of law if this transition is to result in peace, security and freedom for the Syrian people."

DAWN issued additional recommendations for a transitional government: 

     – Detainee Rights: A transitional government should treat all detainees, from captured foreign and Syrian fighters to members of the Assad family, humanely and in accordance with international human rights and humanitarian law standards. This includes the right to a prompt review before an independent judicial panel.

It should provide immediate access for the International Committee of the Red Cross to all detainees in transitional government custody.

     – Justice and Accountability: The new authorities should seek thorough, independent investigations into the most serious crimes of the past five decades. It must reassure the Syrian people that there will be lawful punishment for those responsible for the most heinous abuses and that the country will not lapse into violent vigilante justice.

     – International Human Rights Commitments: A new transitional government  should move to ratify international human rights treaties and conventions, including the Rome Statute; revise Syria's penal and procedure codes to eliminate provisions restricting basic free expression; and enshrine the rights of political parties and political association.

     – Transitional authorities should also guarantee the safety of journalists and media professionals, ensuring their freedom of speech and press in accordance with international human rights law, recognizing their critical role in fostering accountability, transparency, and public trust during the transitional period.

     – Transitional authorities also should commit to revamping the judiciary and retraining police and security forces to comply with basic human rights requirements as soon as practicable. 

"Syria's new leaders will have an unprecedented opportunity to lead by example on human rights, including by affirming their commitment to internationally recognized human rights," said  Whitson. "The new authorities will be in a position to ratify and put into practice international legal and human rights instruments and treaties that will demonstrate a meaningful break from the brutal acts of the prior regime." 

— UN Monitors: DAWN also said that any transitional government should consider asking the United Nations to play a role in post-conflict Syria. 

        – The UN could deploy civilian police officers from various countries to Syria to help monitor and train local police, DAWN said. 

        – The UN could also send human rights monitors to parts of the country that supported Assad and places where serious tensions may arise, such as in the Kurdish provinces. Such monitors would help to deter abuses or report them if they occur, and give all Syrians, whether they supported or opposed the regime, confidence that their rights will be protected during this sensitive time.  

"The international community has a critical role to play in supporting the Syrian people during this transitional period to ensure that their new government will reflect the will of the people in democratic elections and protect the human rights of every Syrian citizen, regardless of their religion, ethnicity or national identity," said Whitson. "The worst possible outcome is if foreign governments continue to intervene militarily in Syria and use Syrian factions to advance selfish foreign interests in the country and larger region."

DAWN urged all international military forces to cease military intervention in the country, including American, Turkish, and Israeli forces that have been carrying out military attacks throughout Syria.