For more than half a decade, perhaps for even longer, Syrians have been deprived of “ownership” of their country by various means. From the food they ate, to the streets they walked, they were always reminded that Syria does not belong to them, and they did not have any agency in it. They could not participate in public life, their primary needs were rationed, they were evicted and forcibly displaced, they were subjected to unfathomable types of brutality, and they were constantly denied the core fundamental right to dignity, all in the name of “Assad’s Syria.” This ultimately robbed them of any sense of “ownership” of the country, and left millions feeling like they could not even identify with it. With the fall of the regime, Syria became “Syrians’ Syria”, a country that belongs only to its people. Suddenly, generations of Syrians started to reclaim ownership of their country, in various ways. They reclaimed the streets, the history, the narrative, and most importantly the fundamental right to peaceful assembly.
Exercising the right to freedom of expression and peaceful assembly is at the core of reclaiming ownership of the country. It allows individuals to express themselves collectively and shape the society they live in. It is the foundation of a participatory and democratic system of governance based on the respect of human rights and the rule of law. It is in peaceful assemblies, that all components of Syrian society can air their grievances and advance their goals in the public domain. Freedom of peaceful assembly was at the forefront of the demands in 2011 and became the first right that was exercised in Syria in the first hours following the fall of the regime.
The geography of peaceful assembly in Damascus
In Syria today, we are witnessing an innumerable number of political initiatives, gatherings, talks, demonstrations and sit-ins which shows the thirst of the Syrian people to participate in the political agency of their country. After 14 years of widespread human rights abuses and economic devastation, Syrians have many demands and expectations united in their willingness to to shape the future of their country. In an unprecedented manner, it is in the streets and squares of the capital that many Syrians have chosen to make their grievances heard.
The very central Umayyad square in Damascus became a place where opposing ideas and aspirations clashed. This square, which was once encircled by the “Assad” library and “Assad” Opera House, suddenly became a place of heightened political discussions amongst Syrians. Different factions of Syrian society, in all its complexity and different lived experiences, have united in this square to confront each other’s visions. In a symbolic scene that took place within days of the fall of the regime, a young woman participating in a demonstration calling for a “secular” Syria, was confronted with a man that had an opposing view. They engaged in a loud, yet peaceful, discussion, and for the first time in 54 years, different and opposing views were expressed in a public square in central Damascus.
In Damascus, Syrians are not only taking over squares and streets, but even cafes and houses in old Damascus. Rawda café for instance was once a place that inspired fear amongst Syrians. At every table, an informant was deliberately placed to spy on the conversations and report back to the State Security Services (Mukhabarat). Now, it is a place where hundreds of Syrians gather daily to hear talks about transitional justice, accountability, the draft Constitution and any subject of public interest. Around a cup of hot lemon juice and cumin – a signature drink in Damascus – loud and heated debates take place, fears are expressed, and demands are formulated.
Importantly, a number of demonstrations and sit-ins were organized in the Hijaz train station square by families of the disappeared, who play the most central role in shaping any future for Syria. They have gathered there on multiple occasions to hold pictures of their loved ones and demand the disclosure of their fate and whereabouts; a central demand to begin any process of transitional justice. Marjeh square is another central square in Damascus in which hundreds of thousands of families of forcibly disappeared detainees have also gravitated towards to voice their plight. In their heart-wrenching search for their loved ones, they have chosen the monument in the middle of Marjeh square to glue the pictures and personal information of the disappeared. This square became a symbol of their never-ending courage to reclaim the narrative and position their fight at the center of Syrians’ collective demands. They have reminded the whole world that Syrian society cannot aspire to any form of transition without efforts to achieve their right to truth.
Families of disappeared detainees have voiced their demands continuously in the streets, which they have owned and reclaimed, mainly to request from the government to close and protect prisons and detention centers, preserve the walls of the cells (which allows families to search for traces of their loved ones), and increase efforts to search for the fate and whereabouts of the hundreds of thousands of disappeared. These demands were sidelined by the government until the matter became a public issue online.
In fact, the right to freedom of peaceful assembly is not only exercised in physical gatherings, but also extends to online participation. Since almost 7 million Syrians are scattered all over the world and another 7 million are internally displaced, these forms of gatherings have turned out to be as impactful as in-person assemblies. Online expression of discontent has an even bigger disruptive effect in the case of Syria since the current government is operating in a context where it aims to whitewash its history of human rights violations and legitimize itself before the international community and ultimately lift the sanctions off Syria. Shedding light, online, on continuous violations committed by the Syrian transitional government aims to disrupt these whitewashing efforts and press for guarantees that it will respect fundamental rights.
It is clear that Syrians are not willing to let any agenda be imposed on them, and they are not hesitating to express their discontent when problematic measures or statements have been adopted by the transitional government during the past few months. Many attempts from the current government to re-direct Syrian policy according to its own agenda were clearly disrupted by public unrest. Wide demonstrations against the Israeli aggression and occupation of the South and the unity of the Syrian territory, has clearly set the tone for Syria’s foreign policy. Measures to change school programs unanimously, the nomination of the Minister of Justice who was involved in overseeing execution of women in Northwest Syria, the statements of Obaida Arnaout reducing access to work for women, were all statements that were met with fierce criticism online and in the streets. This led to some reforms – yet still scarce and insufficient – and has undoubtedly laid the framework on which the government has to operate.
Freedom of peaceful assembly and related civil and political rights are nowhere institutionalized
Until now, Syrians do not have any way to express their grievances, unless they make it a public issue and force it on the public domain. Until now, this newly acquired freedom of expression is nowhere institutionalized. Syrians exercise their freedom of expression online and in the streets but not through ballots, as they are constantly being told that Syria is not ready for any type of elections. Being mindful of the importance of having a transitional type of governance to build the country from scratch, nothing justifies the lack of consultation and participation in some important aspects of Syria’s political and civic life, and the de facto denial of civil and political rights of Syrians.
In January for instance, lawyers gathered and demanded in a public statement that elections be set up within their Bar Association – the body that is supposed to represent the interest of the legal profession. They have physically gathered in Damascus as well, around a discussion on the independence of the legal profession and the judiciary. The demand for free and fair elections within their Bar Association was clear and unanimous and was seen as the first step to prevent any interference from the executive in the exercise of their profession. Instead, the current unelected President of the Syrian Bar Association, nominated by the executive itself, has categorically refused to organize such elections, claiming that lawyers are “not ready.”
From a broader perspective, the recent nomination of the Constitutional Committee that drafted the Constitutional Declaration, was also highly criticized. Following the fall of the regime, Syrian intellectual figures, lawyers, and constitutionalists have rallied to demand for the Syrian Constitution of 1950 to be used as a draft, including the process in which it was adopted. In fact, they demanded that an elected constitutive assembly be set in place, following free and fair elections across the country, which would be tasked in nominating a Constitutional Committee. Instead, the current self-proclaimed president of Syria, has single-handedly nominated the seven members of this Constitutional Committee, reminding Syrians of a grim time in 2011 when Assad had done the same, before adopting the Syrian Constitution of 2012.
The exercise of freedom of peaceful assembly will remain insufficient in Syria if it is not accompanied by the exercise of corresponding civil and political rights. Freedom of peaceful assembly is a mere tool that should be used to recognize a wide range of other overlapping rights, such as freedom of expression, freedom of association, and most importantly political participation. The systemic denial of political participation will typically be perceived by Syrians as a sign of repression. Participation in public affairs plays a crucial role in the promotion of democracy and the advancement of human rights in Syria. Importantly, participation is one of the core elements that aim at eliminating marginalization and discrimination, as it allows the authorities to understand the specific issues and grievances of various sectors of society. This will ultimately lead to a decision-making process that is more sustainable, accountable and transparent, which will undoubtedly enhance the legitimacy of the State’s decisions and the ownership of the country by all members of society. Syrians long for a participatory system of governance and will not legitimize any decision that stems from unelected representatives or committees.
