Constitution

Syrian Arab Republic 2012 Constitution

Table of Contents

Title I. Basic Principles

Chapter I. Political Principles

Article 1

The Syrian Arab Republic is a democratic state with full sovereignty, indivisible, and may not waive any part of its territory, and is part of the Arab homeland; The people of Syria are part of the Arab nation.

Article 2

The system of governance in the state shall be a republican system; Sovereignty is an attribute of the people; and no individual or group may claim sovereignty. Sovereignty shall be based on the principle of the rule of the people by the people and for the people; The People shall exercise their sovereignty within the aspects and limits prescribed in the Constitution.

Article 3

The religion of the President of the Republic is Islam; Islamic jurisprudence shall be a major source of legislation; The State shall respect all religions, and ensure the freedom to perform all the rituals that do not prejudice public order; The personal status of religious communities shall be protected and respected.

Article 4

The official language of the state is Arabic.

Article 5

The capital of the state is Damascus.

Article 6

The flag of the Syrian Arab Republic consists of three colors: red, white and black, in addition to two stars, each with five heads of green color. The flag is rectangular in shape; its width equals two thirds of its length and consists of three rectangles evenly spaced along the flag, the highest in red, the middle in white and lowest in black, and the two stars are in the middle of the white rectangle; The law identifies the state’s emblem, its national anthem and the respective provisions.

Article 7

The constitutional oath shall be as follows: “I swear by the Almighty God to respect the country’s constitution, laws and Republican system, to look after the interests and freedoms of the people, to safeguard the homeland’s sovereignty, independence, freedom and to defend its territorial integrity and to act in order to achieve social justice and the unity of the Arab Nation”.

Article 8

  1. The political system of the state shall be based on the principle of political pluralism, and exercising power democratically through the ballot box;
  2. Licensed political parties and constituencies shall contribute to the national political life, and shall respect the principles of national sovereignty and democracy;
  3. The law shall regulate the provisions and procedures related to the formation of political parties;
  4. Carrying out any political activity or forming any political parties or groupings on the basis of religious, sectarian, tribal, regional, class-based, professional, or on discrimination based on gender, origin, race or color may not be undertaken;
  5. Public office or public money may not be exploited for a political, electoral or party interest.

Article 9

As a national heritage that promotes national unity in the framework of territorial integrity of the Syrian Arab Republic, the Constitution shall guarantee the protection of cultural diversity of the Syrian society with all its components and the multiplicity of its tributaries.

Article 10

Public organizations, professional unions and associations shall be bodies that group citizens in order to develop society and attain the interests of its members. The State shall guarantee the independence of these bodies and the right to exercise public control and participation in various sectors and councils defined in laws; in areas which achieve their objectives, and in accordance with the terms and conditions prescribed by law.

Article 11

The army and the armed forces shall be a national institution responsible for defending the security of the homeland and its territorial integrity. This institution shall be in the service of the people’s interests and the protection of its objectives and national security.

Article 12

Democratically elected councils at the national or local level shall be institutions through which citizens exercise their role in sovereignty, state-building and leading society.

Chapter II. Economic Principles

Article 13

  1. The national economy shall be based on the principle of developing public and private economic activity through economic and social plans aiming at increasing the national income, developing production, raising the individual’s living standards and creating jobs;
  2. Economic policy of the state shall aim at meeting the basic needs of individuals and society through the achievement of economic growth and social justice in order to reach comprehensive, balanced and sustainable development;
  3. The State shall guarantee the protection of producers and consumers, foster trade and investment, prevent monopoly in various economic fields and work on developing human resources and protecting the labor force in a way that serves the national economy.

Article 14

Natural resources, facilities, institutions and public utilities shall be publicly owned, and the state shall invest and oversee their management for the benefit of all people, and the citizens’ duty is to protect them.

Article 15

Collective and individual private ownership shall be protected in accordance with the following basis:

  1. General confiscation of funds shall be prohibited;
    1. Private ownership shall not be removed except in the public interest by a decree and against fair compensation according to the law;
    2. Confiscation of private property shall not be imposed without a final court ruling;
    3. Private property may be confiscated for necessities of war and disasters by a law and against fair compensation;
  2. Compensation shall be equivalent to the real value of the property.

Article 16

The law shall determine the maximum level of agricultural ownership and agricultural investment to ensure the protection of the farmer and the agricultural laborer from exploitation and to ensure increased production.

Article 17

The right of inheritance shall be maintained in accordance with the law.

Article 18

  1. Taxes, fees and overhead costs shall not be imposed except by a law;
  2. The tax system shall be based on a fair basis; and taxes shall be progressive in a way that achieves the principles of equality and social justice.

Chapter III. Social Principles

Article 19

Society in the Syrian Arab Republic shall be based on the basis of solidarity, symbiosis and respect for the principles of social justice, freedom, equality and maintenance of human dignity of every individual.

Article 20

  1. The family shall be the nucleus of society and the law shall maintain its existence and strengthen its ties;
  2. The state shall protect and encourage marriage, and shall work on removing material and social obstacles that hinder it. The state shall also protect maternity and childhood, take care of young children and youth and provide the suitable conditions for the development of their talents.

Article 21

Martyrdom for the sake of the homeland shall be a supreme value, and the State shall guarantee the families of the martyrs in accordance with the law.

Article 22

  1. The state shall guarantee every citizen and his family in cases of emergency, sickness, disability, orphan-hood and old age;
  2. The state shall protect the health of citizens and provide them with the means of prevention, treatment and medication.

Article 23

The state shall provide women with all opportunities enabling them to effectively and fully contribute to the political, economic, social and cultural life, and the state shall work on removing the restrictions that prevent their development and participation in building society.

Article 24

The state shall shoulder, in solidarity with the community, the burdens resulting from natural disasters.

Article 25

Education, health and social services shall be the basic pillars for building society, and the state shall work on achieving balanced development among all regions of the Syrian Arab Republic.

Article 26

  1. Public service shall be a responsibility and an honor the purpose of which is to achieve public interest and to serve the people;
  2. Citizens shall be equal in assuming the functions of public service, and the law shall determine the conditions of assuming such functions and the rights and duties assigned to them.

Article 27

Protection of the environment shall be the responsibility of the state and society and it shall be the duty of every citizen.

Chapter IV. Educational and Cultural Principles

Article 28

The educational system shall be based on creating a generation committed to its identity, heritage, belonging and national unity.

Article 29

  1. Education shall be a right guaranteed by the state, and it is free at all levels. The law shall regulate the cases where education could not be free at universities and government institutes;
  2. Education shall be compulsory until the end of basic education stage, and the state shall work on extending compulsory education to other stages;
  3. The state shall oversee education and direct it in a way that achieves the link between it and the needs of society and the requirements of development;
  4. The law shall regulate the state’s supervision of private educational institutions.

Article 30

Physical education shall be an essential pillar in building society; and the state shall encourage it to prepare a generation which is physically, morally and intellectually fit.

Article 31

The state shall support scientific research and all its requirements, ensure the freedom of scientific, literary, artistic and cultural creativity and provide the necessary means for that end. The state shall provide any assistance for the progress of sciences and arts, and shall encourage scientific and technical inventions, creative skills and talents and protect their results.

Article 32

The state shall protect antiquities, archaeological and heritage sites and objects of artistic, historical and cultural value.