Milnet Main Intell

MILNET: Country Studies

Syria

Syrian Government

From information provided by the Federal Research Division, Library of Congress of the United States.
For further information consult the Country Studies at http://lcweb2.loc.gov/frd/cs/cshome.html

Data as of April 1987

Country Profile | Military | External Pressures | Security | Support of Terrorism

Syrian Government

IN EARLY 1987, President Hafiz al Assad, in power since his November 1970 takeover in a bloodless military coup d'état, continued to lead Syria. His regime appeared to be resilient, if not altogether stable. Only a few years earlier, the regime had encountered several major threats. In 1982 the government of Syria endured nearly simultaneous major domestic and external challenges: the uprising of Muslim fundamentalist rebels and the Israeli attack on Syrian forces in Lebanon. Then, in late 1983 and early 1984, Assad became seriously ill, leading to splits within the regime as factions maneuvered to succeed him. These machinations proved to be premature, however, because Assad subsequently recovered and reasserted his power. Nonetheless, the domestic political infighting and external military clashes that occurred while Assad was incapacitated reminded Syrians of their nation's chronic instability of the 1950s and 1960s and foreshadowed the return of such instability after Assad. The crises also reinforced the perception that the strength of the Syrian government was not only vested in the president but derived from him personally. Consequently, although Assad had transformed Syria into a regional power in the Levant and had created domestic stability, his accomplishments could prove ephemeral because they were not buttressed by legitimate and viable institutions. Even more unsettling, in 1987 the question of a successor to President Assad was still unresolved.

Since 1970 Assad's pragmatism, ambition, and patience have helped transform Syria into a regional power. Syrian development has been motivated and hastened by the threat posed by Israel. In fact, in 1984 Assad announced Syria's determination to attain "strategic parity" with Israel and further stated that Syria would strive to match Israel's level of modernization across the wide spectrum of "political, demographic, social, educational, economic, and military aspects of life."

However, Syria's status as a regional power imposed costs and liabilities. For instance, in 1987 Syria was relatively isolated in the Arab world, primarily because of its maverick support for Iran in the Iran-Iraq War and its involvement in Lebanon. Also, its economy staggered under the weight of its military budget, and it depended heavily on the Soviet Union for military equipment.

Despite the outward appearance of radicalism and dogmatic rigidity, Syrian diplomacy was conducted on the basis of hardheaded and pragmatic calculation of perceived costs and benefits to the national interest. Its position on the ArabIsraeli conflict, once believed to be immutably rigid, changed not only in style but in substance. In the years after the October 1973 War, Syria modified its categorical refusal to negotiate directly with Israel. After 1973 it indicated its intention to negotiate, in return for Israel's withdrawal from all occupied territories and for a form of Palestinian selfdetermination .

The political effectiveness of Assad's leadership depended heavily on firm control of the pervasive military and internal security and intelligence apparatus--the only countercoup forces available to an incumbent regime. The officially sanctioned Baath (Arab Socialist Resurrection) Party, also played an increasingly important role in maintaining the regime.

Syria was a socialist state under the political influence of the Baath Party, which provided ideological legitimation and continuity to Assad's rule. However, Assad's implementation of Baath Party doctrines has been more pragmatic than ideological. To broaden the government's base, in 1972 Assad incorporated nonBaathist parties into the National Progressive Front. Although the front theoretically ruled Syria, the Baath Party remained the real power.

The authorities closely monitored political activities and dealt sternly with expressions of organized dissent or opposition--a source of grievance for the nation's intellectuals, students, some conservative Sunni religious leaders, and labor groups. Absence of open political channels other than through the Baathist-controlled framework made estimating the extent of popular support for Assad's regime difficult. Clearly, sectarian tensions persisted because the centers of power in 1987 remained in Alawi hands, whereas the majority of the population were Sunni Muslims who had traditionally held power until the Assad regime was installed in 1970. In 1987 Syrian popular opinion was split between those who supported and those who opposed President Assad's regime. However, those who opposed the regime did so vehemently, while those who supported Assad appeared ambivalent. The charismatic Assad continued to enjoy considerable personal popularity among the latter group, but its approval did not extend to his regime as a whole. Even many of Assad's supporters feared and loathed the draconian security measures that ensured the Assad regime's survival, and they were shocked at the regime's brutal repression of the Hamah insurrection in 1982. Yet this fear was mitigated by the feeling that any successor regime would be worse than Assad's, and his strong authoritarian and paternalistic management of political affairs was endorsed because it had provided Syria with its first uninterrupted period of stability since independence in 1946.

CONSTITUTIONAL FRAMEWORK

Between the collapse of the Ottoman Empire in 1916 and promulgation of a permanent constitution in 1973, Syria adopted several constitutions, all reflecting an amalgam of West European (chiefly French), Arab, and Islamic political cultures. The initial impetus to constitutionalism came from Syrian nationalist leaders of the post-World War I era who had been educated in the West during the late nineteenth century. These leaders proposed a Western-style parliament and a separate, independent judiciary as a counterbalance to the untrammeled power of Ottoman and later French Mandate administrators. The system of government envisioned by Syrian nationalists and legal scholars was to provide for popular participation in the political process and constitutional safeguards of personal and political rights.

Constitutionalism failed to take hold, however, because of unremitting postindependence instability. A change in government leadership through a coup or a countercoup was almost always followed by a constitutional change intended to buttress the new political order.

In 1987 the governmental structure was based on the Permanent Constitution of March 13, 1973. This charter is similar to the provisional constitution of May 1, 1969, as amended in February and June 1971. The Constitution provides for a republican form of government in what it calls "a democratic, popular, socialist, and sovereign state" and stipulates that the people are the ultimate source of national sovereignty.

The Constitution reaffirms the long-held ideological premise that Syria is only a part of the one and indivisible "Arab nation" that is struggling for complete Arab unity. Syria is constitutionally declared still to be a member of the Federation of Arab Republics (FAR), which was inaugurated in April 1971 by Egypt, Syria, and Libya. Although the FAR was short lived, its constitutional formula provides a framework for ongoing Syrian efforts at unity with other Arab nations.

Among the principles in the Constitution is the stipulation that the president be a Muslim, that the main source of legislation be Islamic fikh(doctrine and jurisprudence), and that the Baath Party be "the vanguard party in the society and the state." In addition, the state is directed to safeguard the fundamental rights of citizens to enjoy freedom and to participate in political, economic, social, and cultural life within the limits of the law. Free exercise of religious belief is guaranteed as long as such exercise does not affect public order. In keeping with the Arab character of the nation, the purpose of the educational system is described as creation of "an Arab national socialist generation with scientific training"--a generation committed to establishment of a united Arab socialist nation.

The Constitution's economic principles not only set forth a planned socialist economy that should take into account "economic complementarity in the Arab homeland" but also recognize three categories of property. The three kinds are property of the people, including all natural resources, public domains, nationalized enterprises, and establishments created by the state; collective property, such as assets owned by popular and professional organizations; and private property. The Constitution states that the social function of private property shall be subordinated, under law, to the national economy and public interests. However, expropriation may occur only with just compensation.

Governmental powers are divided by the Constitution into executive, legislative, and judicial categories (see fig. 13). The Constitution is notable for strengthening the already formidable role of the presidency; the framers of the Constitution were clearly more concerned with the supremacy and stability of presidential powers than with the issue of checks and balances among the three branches of government. Official concern for political and governmental stability is reflected in the relatively difficult procedures for amending the Constitution. A bill to amend the Constitution may be introduced by the president or one-third of the members of the People's Council (parliament), but its passage requires approval by a majority of three-fourths of the People's Council as well as by the president.

The President and the Cabinet

The president is elected for a seven-year term by universal suffrage. A candidate to the office must be a Syrian Arab Muslim, at least forty years of age, proposed by the Baath Party, and nominated by the People's Council. The nominee is submitted to a national referendum. To be elected, the candidate must receive an absolute majority of votes cast. If not, a new candidate must be selected by the Baath Party for formal nomination by the People's Council.

The Constitution states that in the case of the president's temporary disablement, the vice president becomes acting president. However, in 1982 Assad named three vice presidents-- Foreign Minister Abd al Halim Khaddam, Rifaat al Assad, and Baath Party deputy director Zuhayr Mashariqa--but none of the three was specifically designated as successor. If the presidency falls vacant by resignation or death, a referendum must be held within ninety days to elect a new president. Under certain circumstances, the prime minister may exercise presidential functions for up to ninety days.

The president cannot be removed except for high treason. Impeachment proceedings may be initiated through a petition signed by one-third of the members of the People's Council voting openly or by a petition of two-thirds of the council members voting at a special closed session. The president can be tried only by the High Constitutional Court, of which he is a member.

The president is both the head of state and the chief executive officer of the government. He is vested with sweeping powers that may be delegated, at his sole discretion, to his vice presidents. The president is also commander in chief of the armed forces. He appoints and dismisses the prime minister and other members of the Council of Ministers (the cabinet) and military officers.

Apart from executive authority relating to a wide range of governmental functions including foreign affairs, the president has the right to dissolve the People's Council, in which case a new council must be elected within ninety days from the date of dissolution. He may also exercise legislative power when the council is in recess, provided that all legislative acts promulgated by him are submitted to the legislature for approval at its first subsequent session. The Constitution also empowers the president to preempt legislative power even while the People's Council is in session "in case of absolute need relating to national security." It states, however, that all presidential decrees must be presented to the legislature for its endorsement. The council may, by a two-thirds vote, amend or rescind presidential decrees, provided that the two-thirds majority constitutes no fewer than the absolute majority of the council membership. The council's power to amend or nullify a presidential decree is only nominal, inasmuch as the council's action, whether for amendment or abrogation, is not to have a "retroactive effect."

Under the Constitution, presidential authority extends also to the broadly phrased "right to submit to popular referendum important matters relating to the higher interests of the country." However, the question of what constitutes "higher interests" is left undefined. The results of such a referendum are "binding and executory with effect from the date of their promulgation" by the president. The presidential emergency power granted under Article 113 provides a mandate that is beyond any legal challenge: "In case of grave danger threatening national unity or the security and independence of the national territory or impeding the government's exercise of its constitutional prerogatives, the President of the Republic has the right to take appropriate emergency measures." This article has been in effect since the late 1960s (see Crime and Punishment, ch. 5).

The Council of Ministers, headed by the prime minister, is responsible to the president and serves collectively as the executive and administrative arm of the president and of the state. A cabinet member can also be a member of the People's Council and, if so, is not answerable to the legislature for his official conduct while acting as a cabinet member.

As of 1987, the Council of Ministers had last been reshuffled in April 1985. The council was headed by Prime Minister Abd ar Rauf al Kassim, who had served as prime minister since 1980, and three deputy prime ministers, who also held the portfolios of defense, services, and economic affairs. Ministers were in charge of the following portfolios: agriculture and agrarian reform, communications, construction, culture and national guidance, defense, economy and foreign trade, education, electricity, finance, foreign affairs, health, higher education, housing and utilities, industry, information, interior, irrigation, justice, local administration, oil and mineral wealth, religious trusts (waqfs), social affairs and labor, supply and internal trade, tourism, and transportation. In addition, the Council of Ministers included ministers of state for cabinet affairs, foreign affairs, planning affairs, People's Council affairs, and presidential affairs and three newly elected ministers of state without portfolio.

More on Government